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  <AMDDATE>March 11, 2004</AMDDATE>
  <FMTR>
    <TITLEPG>
      <CODE>CODE OF FEDERAL REGULATIONS</CODE>
      <PRTPAGE P="1"/>
      <TITLENUM>41</TITLENUM>
      <PARTS>Chapters 102 to 200</PARTS>
      <REVISED>Revised as of July 1, 2004</REVISED>
      <SUBJECT>Public Contracts and Property Management</SUBJECT>
      <CONTAINS>Containing a codification of documents of general applicability and future effect</CONTAINS>
      <DATE>As of July 1, 2004</DATE>
      <ANCIL>With Ancillaries</ANCIL>
      <PUB>
        <P>Published by</P>
        <P>Office of the Federal Register</P>
        <P>National Archives and Records</P>
        <P>Administration</P>
      </PUB>
      <SPECED>A Special Edition of the Federal Register</SPECED>
    </TITLEPG>
    <BTITLE>
      <PRTPAGE P="?ii"/>
      <GPO>U.S. GOVERNMENT PRINTING OFFICE</GPO>
      <CITY>WASHINGTON : 2004</CITY>
      <FORSALE>
        <P>For sale by the Superintendent of Documents, U.S. Government Printing Office</P>
        <P>Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800</P>
        <P>Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001</P>
      </FORSALE>
    </BTITLE>
    <TOC>
      <PRTPAGE P="iii"/>
      <HD SOURCE="HED">Table of Contents</HD>
      <PGHD>Page</PGHD>
      <EXPL>
        <SUBJECT>Explanation</SUBJECT>
        <PG>vi</PG>
      </EXPL>
      <TITLENO>
        <HD SOURCE="HED">Title 41:</HD>
        <SUBTI>
          <HD SOURCE="HED">Subtitle C—Federal Property Management Regulations System (Continued):</HD>
        </SUBTI>
        <CHAPTI>
          <SUBJECT>Chapter 102—Federal management regulation</SUBJECT>
          <PG>5</PG>
        </CHAPTI>
        <CHAPTI>
          <RESERVED>Chapters 103-104 [Reserved]</RESERVED>
          <SUBJECT>Chapter 105—General Services Administration</SUBJECT>
          <PG>363</PG>
          <SUBJECT>Chapter 109—Department of Energy Property Management Regulations</SUBJECT>
          <PG>581</PG>
          <SUBJECT>Chapter 114—Department of the Interior</SUBJECT>
          <PG>647</PG>
          <SUBJECT>Chapter 115—Environmental Protection Agency</SUBJECT>
          <PG>651</PG>
          <SUBJECT>Chapter 128—Department of Justice</SUBJECT>
          <PG>655</PG>
        </CHAPTI>
        <CHAPTI>
          <RESERVED>Chapters 129-200 [Reserved]</RESERVED>
        </CHAPTI>
        <SUBTI>
          <HD SOURCE="HED">Subtitle D—Other Provisions Relating to Property Management [Reserved]</HD>
        </SUBTI>
        <CHAPTI>
          <RESERVED/>
        </CHAPTI>
      </TITLENO>
      <FAIDS>
        <HD SOURCE="HED">Finding Aids:</HD>
        <SUBJECT>Table of CFR Titles and Chapters</SUBJECT>
        <PG>675</PG>
        <SUBJECT>Alphabetical List of Agencies Appearing in the CFR</SUBJECT>
        <PG>693<PRTPAGE P="iv"/>
        </PG>
        <SUBJECT>List of CFR Sections Affected</SUBJECT>
        <PG>703</PG>
      </FAIDS>
    </TOC>
    <CITE>
      <PRTPAGE P="v"/>
      <P>Cite this Code:<E T="01">CFR</E>
      </P>

      <CITEP>To cite the regulations in this volume use title, part and section number. Thus, <E T="01">41 CFR 102-2.5</E> refers to title 41, part 102-2, section .5.</CITEP>
    </CITE>
    <EXPLA>
      <PRTPAGE P="vi"/>
      <HD SOURCE="HED">Explanation</HD>
      <P>The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas.</P>
      <P>Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows:</P>
      <IPAR>
        <P SOURCE="P1">Title 1 through Title 16 </P>
        <STUB>as of January 1</STUB>
        <P SOURCE="P1">Title 17 through Title 27 </P>
        <STUB>as of April 1</STUB>
        <P SOURCE="P1">Title 28 through Title 41 </P>
        <STUB>as of July 1</STUB>
        <P SOURCE="P1">Title 42 through Title 50 </P>
        <STUB>as of October 1</STUB>
      </IPAR>
      <P>The appropriate revision date is printed on the cover of each volume.</P>
      <SIDEHED>
        <HD SOURCE="HED">LEGAL STATUS</HD>
        <P>The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510).</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">HOW TO USE THE CODE OF FEDERAL REGULATIONS</HD>
        <P>The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule.</P>
        <P>To determine whether a Code volume has been amended since its revision date (in this case, July 1, 2004), consult the “List of CFR Sections Affected (LSA),” which is issued monthly, and the “Cumulative List of Parts Affected,” which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">EFFECTIVE AND EXPIRATION DATES</HD>
        <P>Each volume of the Code contains amendments published in the Federal Register since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut-off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">OMB CONTROL NUMBERS</HD>

        <P>The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal agencies to display an OMB control number with their information collection request. <PRTPAGE P="vii"/>Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">OBSOLETE PROVISIONS</HD>
        <P>Provisions that become obsolete before the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on a given date in the past by using the appropriate numerical list of sections affected. For the period before January 1, 2001, consult either the List of CFR Sections Affected, 1949-1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate volumes. For the period beginning January 1, 2001, a “List of CFR Sections Affected” is published at the end of each CFR volume.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">CFR INDEXES AND TABULAR GUIDES</HD>

        <P>A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR <E T="04">Index and Finding Aids.</E> This volume contains the Parallel Table of Statutory Authorities and Agency Rules (Table I). A list of CFR titles, chapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume.</P>
        <P>An index to the text of “Title 3—The President” is carried within that volume.</P>
        <P>The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the “Contents” entries in the daily Federal Register.</P>
        <P>A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">REPUBLICATION OF MATERIAL</HD>
        <P>There are no restrictions on the republication of material appearing in the Code of Federal Regulations.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">INQUIRIES</HD>
        <P>For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency's name appears at the top of odd-numbered pages.</P>
        <P>For inquiries concerning CFR reference assistance, call 202-741-6000 or write to the Director, Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408 or e-mail fedreg.info@nara.gov.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">SALES</HD>
        <P>The Government Printing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll free, 866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2250, 24 hours a day. For payment by check, write to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO Customer Service call 202-512-1803.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">ELECTRONIC SERVICES</HD>

        <P>The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers, Weekly Compilation of Presidential Documents and the Privacy Act Compilation are available in electronic format at www.gpoaccess.gov/nara (“GPO Access”). For more information, contact Electronic Information Dissemination Services, U.S. Government Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-free). E-mail, gpoaccess@gpo.gov.<PRTPAGE P="viii"/>
        </P>
        <P>The Office of the Federal Register also offers a free service on the National Archives and Records Administration's (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information.  Connect to NARA's web site at www.archives.gov/federal_register. The NARA site also contains links to GPO Access.</P>
      </SIDEHED>
      <SIG>
        <NAME>Raymond A. Mosley,</NAME>
        <POSITION>Director,</POSITION>
        <OFFICE>Office of the Federal Register.</OFFICE>
      </SIG>
      <DATE>July 1, 2004.</DATE>
    </EXPLA>
    <THISTITL>
      <PRTPAGE P="ix"/>
      <HD SOURCE="HED">THIS TITLE</HD>
      <P>Title 41—<E T="04">Public Contracts and Property Management</E> consists of Subtitle A—Federal Procurement Regulations System [Note]; Subtitle B—Other Provisions Relating to Public Contracts; Subtitle C—Federal Property Management Regulations System; Subtitle D is reserved for other provisions relating to property management, Subtitle E—Federal Information Resources Management Regulations System and Subtitle F—Federal Travel Regulation System.</P>
      <P>As of July 1, 1985, the text of subtitle A is no longer published in the Code of Federal Regulations. For an explanation of the status of subtitle A, see 41 CFR chapters 1—100 (page 3).</P>
      <P>Other government-wide procurement regulations relating to public contracts appear in chapters 50 through 100, subtitle B.</P>

      <P>The Federal property management regulations in chapter 101 of subtitle C are government-wide property management regulations issued by the General Services Administration. In the remaining chapters of subtitle C are the <E T="03">implementing</E> and <E T="03">supplementing</E> property management regulations issued by individual Government agencies. Those regulations which implement chapter 101 are numerically keyed to it.</P>
      <P>The Federal Travel Regulation System in chapters 300-304 of subtitle F is issued by the General Services Administration.</P>
      <P>Title 41 is composed of four volumes. The chapters in these volumes are arranged as follows: Chapters 1—100, chapter 101, chapters 102—200, and chapter 201 to End. These volumes represent all current regulations codified under this title of the CFR as of July 1, 2004.</P>
      <P>For this volume, Robert J. Sheehan was Chief Editor. The Code of Federal Regulations publication program is under the direction of Frances D. McDonald, assisted by Alomha S. Morris.</P>
      <GPH DEEP="544" SPAN="1">
        <PRTPAGE P="x"/>
        <GID>CFRORDR.FRM</GID>
      </GPH>
    </THISTITL>
  </FMTR>
  <TITLE>
    <CFRTITLE>
      <LRH>41 CFR Ch. 102 (7-1-04 Edition)</LRH>
      <RRH>Federal Management Regulation</RRH>
      <TITLEHD>
        <PRTPAGE P="1"/>
        <HD SOURCE="HED">Title 41—Public Contracts and Property Management</HD>
        <P>(This book contains chapters 102 to 200)</P>
      </TITLEHD>
      <CFRTOC>
        <PTHD>Part</PTHD>
        <SUBTI>
          <HD SOURCE="HED">SUBTITLE C—<E T="04">Federal Property Management Regulations System</E> (Continued):</HD>
        </SUBTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 102—Federal Management Regulation</SUBJECT>
          <PG>102-2</PG>
          
        </CHAPTI>
        <CHAPTI>
          <RESERVED>
            <E T="04">chapters</E> 103-104 [Reserved]</RESERVED>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 105—General Services Administration</SUBJECT>
          <PG>105-1</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 109—Department of Energy Property Management Regulations</SUBJECT>
          <PG>109-1</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 114—Department of the Interior</SUBJECT>
          <PG>114-51</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 115—Environmental Protection Agency</SUBJECT>
          <PG>115-1</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 128—Department of Justice</SUBJECT>
          <PG>128-1</PG>
          
        </CHAPTI>
        <CHAPTI>
          <RESERVED>
            <E T="04">chapters</E> 129-200 [Reserved]</RESERVED>
        </CHAPTI>
        <SUBTI>
          <HD SOURCE="HED">SUBTITLE D—<E T="04">Other Provisions Relating to Property Management</E> [Reserved]</HD>
        </SUBTI>
      </CFRTOC>
    </CFRTITLE>
    <SUBTITLE>
      <PRTPAGE P="3"/>
      <HD SOURCE="HED">Subtitle C—Federal Property Management Regulations System (Continued)</HD>
      <CHAPTER>
        <LRH>41 CFR Ch. 102 (7-1-04 Edition)</LRH>
        <RRH>Federal Management Regulation</RRH>
        <TOC>
          <TOCHD>
            <PRTPAGE P="5"/>
            <HD SOURCE="HED">CHAPTER 102—FEDERAL MANAGEMENT REGULATION</HD>
          </TOCHD>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER A—GENERAL</HD>
          </SUBCHAP>
          <PTHD>Part</PTHD>
          <PGHD>Page</PGHD>
          <CHAPTI>
            <PT>102-1</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-2</PT>
            <SUBJECT>Federal management regulation system</SUBJECT>
            <PG>7</PG>
            <PT>102-3</PT>
            <SUBJECT>Federal Advisory Committee Management</SUBJECT>
            <PG>11</PG>
            <PT>102-4</PT>
            <RESERVED>Nondiscrimination in Federal financial assistance programs [Reserved]</RESERVED>
            <PT>102-5</PT>
            <SUBJECT>Home-to-work transportation</SUBJECT>
            <PG>36</PG>
            <PT>102-6—102-30 [Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER B—PERSONAL PROPERTY</HD>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-31</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-32</PT>
            <RESERVED>Management of personal property [Reserved]</RESERVED>
            <PT>102-33</PT>
            <SUBJECT>Management of government aircraft</SUBJECT>
            <PG>41</PG>
            <PT>102-34</PT>
            <SUBJECT>Motor vehicle management</SUBJECT>
            <PG>70</PG>
            <PT>102-35</PT>
            <RESERVED>Disposition of personal property [Reserved]</RESERVED>
            <PT>102-36</PT>
            <SUBJECT>Disposition of excess personal property</SUBJECT>
            <PG>85</PG>
            <PT>102-37</PT>
            <SUBJECT>Donation of Surplus Personal Property</SUBJECT>
            <PG>108</PG>
            <PT>102-38</PT>
            <SUBJECT>Sale of personal property</SUBJECT>
            <PG>140</PG>
            <PT>102-39</PT>
            <SUBJECT>Replacement of Personal Property Pursuant to the Exchange/Sale Authority</SUBJECT>
            <PG>152</PG>
            <PT>102-40—102-41 [Reserved]</PT>
            <RESERVED/>
            <PT>102-42</PT>
            <SUBJECT>Utilization, donation, and disposal of foreign gifts and decorations</SUBJECT>
            <PG>156</PG>
            <PT>102-43—102-70 [Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER C—REAL PROPERTY</HD>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-71</PT>
            <SUBJECT>General</SUBJECT>
            <PG>164</PG>
            <PT>102-72</PT>
            <SUBJECT>Delegation of authority</SUBJECT>
            <PG>169</PG>
            <PT>102-73</PT>
            <SUBJECT>Real estate acquisition</SUBJECT>
            <PG>172</PG>
            <PT>102-74</PT>
            <SUBJECT>Facility management</SUBJECT>
            <PG>185</PG>
            <PT>102-75</PT>
            <SUBJECT>Real property disposal</SUBJECT>
            <PG>208</PG>
            <PT>102-76</PT>
            <SUBJECT>Design and construction</SUBJECT>
            <PG>265</PG>
            <PT>102-77</PT>
            <SUBJECT>Art-in-architecture</SUBJECT>
            <PG>266<PRTPAGE P="6"/>
            </PG>
            <PT>102-78</PT>
            <SUBJECT>Historic preservation</SUBJECT>
            <PG>267</PG>
            <PT>102-79</PT>
            <SUBJECT>Assignment and utilization of space</SUBJECT>
            <PG>269</PG>
            <PT>102-80</PT>
            <SUBJECT>Safety and environmental management</SUBJECT>
            <PG>271</PG>
            <PT>102-81</PT>
            <SUBJECT>Security</SUBJECT>
            <PG>278</PG>
            <PT>102-82</PT>
            <SUBJECT>Utility services</SUBJECT>
            <PG>279</PG>
            <PT>102-83</PT>
            <SUBJECT>Location of space</SUBJECT>
            <PG>280</PG>
            <PT>102-84</PT>
            <SUBJECT>Annual real property inventories</SUBJECT>
            <PG>284</PG>
            <PT>102-85</PT>
            <SUBJECT>Pricing policy for occupancy in GSA space</SUBJECT>
            <PG>286</PG>
            <PT>102-86—102-115 [Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER D—TRANSPORTATION</HD>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-116</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-117</PT>
            <SUBJECT>Transportation management</SUBJECT>
            <PG>301</PG>
            <PT>102-118</PT>
            <SUBJECT>Transportation payment and audit</SUBJECT>
            <PG>316</PG>
            <PT>102-119—102-140 [Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER E—TRAVEL MANAGEMENT [RESERVED]</RESERVED>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-141</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-142—102-170 [Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER F—TELECOMMUNICATIONS</HD>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-171</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-172</PT>
            <RESERVED>Telecommunications management policy [Reserved]</RESERVED>
            <PT>102-173</PT>
            <SUBJECT>Internet GOV Domain</SUBJECT>
            <PG>343</PG>
            <PT>102-174—102-190 [Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER G—ADMINISTRATIVE PROGRAMS</HD>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-191</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-192</PT>
            <SUBJECT>Mail management</SUBJECT>
            <PG>347</PG>
            <PT>102-193</PT>
            <SUBJECT>Creation, maintenance, and use of records</SUBJECT>
            <PG>357</PG>
            <PT>102-194</PT>
            <SUBJECT>Standard and optional forms management program</SUBJECT>
            <PG>358</PG>
            <PT>102-195</PT>
            <SUBJECT>Interagency reports management program</SUBJECT>
            <PG>366</PG>
            <PT>102-196</PT>
            <RESERVED>Federal facility ridesharing [Reserved]</RESERVED>
            <PT>102-197—102-220 [Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTERS H-Z [RESERVED]</RESERVED>
          </SUBCHAP>
        </TOC>
        <SUBCHAP TYPE="N">
          <PRTPAGE P="7"/>
          <HD SOURCE="HED">SUBCHAPTER A—GENERAL</HD>
          <PART>
            <RESERVED>PART 102—GENERAL [RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt. 102-2</EAR>
            <HD SOURCE="HED">PART 102-2—FEDERAL MANAGEMENT REGULATION SYSTEM</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—Regulation System</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">General</HD>
                  <SECHD>Sec.</SECHD>
                  <SECTNO>102-2.5</SECTNO>
                  <SUBJECT>What is the Federal Management Regulation (FMR)?</SUBJECT>
                  <SECTNO>102-2.10</SECTNO>
                  <SUBJECT>What is the FMR's purpose?</SUBJECT>
                  <SECTNO>102-2.15</SECTNO>
                  <SUBJECT>What is the authority for the FMR system?</SUBJECT>
                  <SECTNO>102-2.20</SECTNO>
                  <SUBJECT>Which agencies are subject to the FMR?</SUBJECT>
                  <SECTNO>102-2.25</SECTNO>
                  <SUBJECT>When are other agencies involved in developing the FMR?</SUBJECT>
                  <SECTNO>102-2.30</SECTNO>
                  <SUBJECT>Where and in what formats is the FMR published?</SUBJECT>
                  <SECTNO>102-2.35</SECTNO>
                  <SUBJECT>How is the FMR distributed?</SUBJECT>
                  <SECTNO>102-2.40</SECTNO>
                  <SUBJECT>May an agency issue implementing and supplementing regulations for the FMR?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Numbering</HD>
                  <SECTNO>102-2.45</SECTNO>
                  <SUBJECT>How is the FMR numbered?</SUBJECT>
                  <SECTNO>102-2.50</SECTNO>
                  <SUBJECT>How do I number my agency's implementing regulations?</SUBJECT>
                  <SECTNO>102-2.55</SECTNO>
                  <SUBJECT>How do I number my agency's supplementing regulations?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Deviations</HD>
                  <SECTNO>102-2.60</SECTNO>
                  <SUBJECT>What is a deviation from the FMR?</SUBJECT>
                  <SECTNO>102-2.65</SECTNO>
                  <SUBJECT>When may agencies deviate from the FMR?</SUBJECT>
                  <SECTNO>102-2.70</SECTNO>
                  <SUBJECT>What are individual and class deviations?</SUBJECT>
                  <SECTNO>102-2.75</SECTNO>
                  <SUBJECT>What timeframes apply to deviations?</SUBJECT>
                  <SECTNO>102-2.80</SECTNO>
                  <SUBJECT>What steps must an agency take to deviate from the FMR?</SUBJECT>
                  <SECTNO>102-2.85</SECTNO>
                  <SUBJECT>What are the reasons for writing to GSA about FMR deviations?</SUBJECT>
                  <SECTNO>102-2.90</SECTNO>
                  <SUBJECT>Where should my agency send its correspondence on an FMR deviation?</SUBJECT>
                  <SECTNO>102-2.95</SECTNO>
                  <SUBJECT>What information must agencies include in their deviation letters to GSA?</SUBJECT>
                  <SECTNO>102-2.100</SECTNO>
                  <SUBJECT>Must agencies provide GSA with a follow-up analysis of their experience in deviating from the FMR?</SUBJECT>
                  <SECTNO>102-2.105</SECTNO>
                  <SUBJECT>What information must agencies include in their follow-up analysis?</SUBJECT>
                  <SECTNO>102-2.110</SECTNO>
                  <SUBJECT>When must agencies provide their follow-up analysis?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Non-Regulatory Material</HD>
                  <SECTNO>102-2.115</SECTNO>
                  <SUBJECT>What kinds of non-regulatory material does GSA publish outside of the FMR?</SUBJECT>
                  <SECTNO>102-2.120</SECTNO>
                  <SUBJECT>How do I know whom to contact to discuss the regulatory requirements of programs addressed in the FMR?</SUBJECT>
                  <SECTNO>102-2.125</SECTNO>
                  <SUBJECT>What source of information can my agency use to identify materials that describe how to do business with GSA?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Forms</HD>
                <SECTNO>102-2.130</SECTNO>
                <SUBJECT>Where are FMR forms prescribed?</SUBJECT>
                <SECTNO>102-2.135</SECTNO>
                <SUBJECT>How do agencies obtain forms prescribed by the FMR?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Plain Language Regulatory Style</HD>
                <SECTNO>102-2.140</SECTNO>
                <SUBJECT>What elements of plain language appear in the FMR?</SUBJECT>
                <SECTNO>102-2.145</SECTNO>
                <SUBJECT>To what do pronouns refer when used in the FMR?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>64 FR 39085, July 21, 1999, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—Regulation System</HD>
              <SUBJGRP>
                <HD SOURCE="HED">General</HD>
                <SECTION>
                  <SECTNO>§ 102-2.5</SECTNO>
                  <SUBJECT>What is the Federal Management Regulation (FMR)?</SUBJECT>
                  <P>The Federal Management Regulation (FMR) is the successor regulation to the Federal Property Management Regulations (FPMR). It contains updated regulatory policies originally found in the FPMR. However, it does not contain FPMR material that described how to do business with the General Services Administration (GSA). “How to” materials on this and other subjects are available in customer service guides, handbooks, brochures and Internet websites provided by GSA. (See § 102-2.125.)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.10</SECTNO>
                  <SUBJECT>What is the FMR's purpose?</SUBJECT>
                  <P>The FMR prescribes policies concerning property management and related administrative activities. GSA issues the FMR to carry out the Administrator of General Services' functional responsibilities, as established by statutes, Executive orders, Presidential memoranda, Circulars and bulletins issued by the Office of Management and Budget (OMB), and other policy directives.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="8"/>
                  <SECTNO>§ 102-2.15</SECTNO>
                  <SUBJECT>What is the authority for the FMR system?</SUBJECT>
                  <P>The Administrator of General Services prescribes and issues the FMR under the authority of the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 486(c), as well as other applicable Federal laws and authorities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.20</SECTNO>
                  <SUBJECT>Which agencies are subject to the FMR?</SUBJECT>
                  <P>The FMR applies to executive agencies unless otherwise extended to Federal agencies in various parts of this chapter. The difference between the two terms is that Federal agencies include executive agencies plus establishments in the legislative or judicial branch of the Government. See paragraphs (a) and (b) of this section for the definitions of each term.</P>
                  <P>(a) <E T="03">What is an executive agency?</E> An executive agency is any executive department or independent establishment in the executive branch of the Government, including any wholly-owned Government corporation. (See 40 U.S.C. 472(a).)</P>
                  <P>(b) <E T="03">What is a Federal agency?</E> A Federal agency is any executive agency or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under that person's direction). (See 40 U.S.C. 472(b).)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.25</SECTNO>
                  <SUBJECT>When are other agencies involved in developing the FMR?</SUBJECT>
                  <P>Normally, GSA will ask agencies to collaborate in developing parts of the FMR.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.30</SECTNO>
                  <SUBJECT>Where and in what formats is the FMR published?</SUBJECT>
                  <P>Proposed rules are published in the <E T="04">Federal Register.</E> FMR bulletins are published in looseleaf format. FMR interim and final rules are published in the following formats—</P>
                  <P>(a) <E T="04">Federal Register</E> under the “Rules and Regulations” section.</P>
                  <P>(b) Loose-leaf. (See § 102-2.35.)</P>

                  <P>(c) Code of Federal Regulations (CFR), which is an annual codification of the general and permanent rules published in the <E T="04">Federal Register.</E> The CFR is available on line and in a bound-volume format.</P>
                  <P>(d) Electronically on the Internet.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.35</SECTNO>
                  <SUBJECT>How is the FMR distributed?</SUBJECT>
                  <P>(a) A liaison appointed by each agency provides GSA with their agency's distribution requirements of the looseleaf version of the FMR. Agencies must submit GSA Form 2053, Agency Consolidated Requirements for GSA Regulations and Other External Issuances, to—General Services Administration, Office of Communications (X), 1800 F Street, NW, Washington, DC 20405.</P>
                  <P>(b) Order <E T="04">Federal Register</E> and Code of Federal Regulations copies of FMR material through your agency's authorizing officer.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.40</SECTNO>
                  <SUBJECT>May an agency issue implementing and supplementing regulations for the FMR?</SUBJECT>
                  <P>Yes, an agency may issue implementing regulations (see § 102-2.50) to expand upon related FMR material and supplementing regulations (see § 102-2.55) to address subject material not covered in the FMR. The Office of the Federal Register assigns chapters in Title 41 of the Code of Federal Regulations for agency publication of implementing and supplementing regulations.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Numbering</HD>
                <SECTION>
                  <SECTNO>§ 102-2.45</SECTNO>
                  <SUBJECT>How is the FMR numbered?</SUBJECT>
                  <P>(a) All FMR sections are designated by three numbers. The following example illustrates the chapter (it's always 102), part, and section designations:</P>
                  <GPH DEEP="66" SPAN="2">
                    <PRTPAGE P="9"/>
                    <GID>ER21JY99.001</GID>
                  </GPH>
                  <P>(b) In the looseleaf version, the month, year, and number of FMR amendments appear at the bottom of each page.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.50</SECTNO>
                  <SUBJECT>How do I number my agency's implementing regulations?</SUBJECT>
                  <P>The first three-digit number represents the chapter number assigned to your agency in Title 41 of the CFR. The part and section numbers correspond to FMR material. For example, if your agency is assigned Chapter 130 in Title 41 of the CFR and you are implementing § 102-2.60 of the FMR, your implementing section would be numbered § 130-2.60.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.55</SECTNO>
                  <SUBJECT>How do I number my agency's supplementing regulations?</SUBJECT>
                  <P>Since there is no corresponding FMR material, number the supplementing material “601” or higher. For example, your agency's supplementing regulations governing special services to states might start with § 130-601.5.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Deviations</HD>
                <SECTION>
                  <SECTNO>§ 102-2.60</SECTNO>
                  <SUBJECT>What is a deviation from the FMR?</SUBJECT>
                  <P>A deviation from the FMR is an agency action or policy that is inconsistent with the regulation. (The deviation policy for the FPMR is in 41 CFR part 101-1.)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.65</SECTNO>
                  <SUBJECT>When may agencies deviate from the FMR?</SUBJECT>
                  <P>Because, it consists primarily of set policies and mandatory requirements, deviation from the FMR should occur infrequently. However, to address unique circumstances or to test the effectiveness of potential policy changes, agencies may be able to deviate from the FMR after following the steps described in § 102-2.80.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.70</SECTNO>
                  <SUBJECT>What are individual and class deviations?</SUBJECT>
                  <P>An individual deviation is intended to affect only one action. A class deviation is intended to affect more than one action (e.g., multiple actions, the actions of more than one agency, or individual agency actions that are expected to recur).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.75</SECTNO>
                  <SUBJECT>What timeframes apply to deviations?</SUBJECT>
                  <P>Timeframes vary based on the nature of the deviation. However, deviations cannot be open-ended. When consulting with GSA about using an individual or class deviation, you must set a timeframe for the deviation's duration.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.80</SECTNO>
                  <SUBJECT>What steps must an agency take to deviate from the FMR?</SUBJECT>
                  <P>(a) Consult informally with appropriate GSA program personnel to learn more about how your agency can work within the FMR's requirements instead of deviating from them. The consultation process may also highlight reasons why an agency would not be permitted to deviate from the FMR; e.g., statutory constraints.</P>
                  <P>(b) Formally request a deviation, if consultations indicate that your agency needs one. The head of your agency or a designated official should write to GSA's Regulatory Secretariat to the attention of a GSA official in the program office that is likely to consider the deviation. (See the FMR bulletin that lists contacts in GSA's program offices and § 102-2.90.) The written request must fully explain the reasons for the deviation, including the benefits that the agency expects to achieve.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.85</SECTNO>
                  <SUBJECT>What are the reasons for writing to GSA about FMR deviations?</SUBJECT>
                  <P>The reasons for writing are to:<PRTPAGE P="10"/>
                  </P>
                  <P>(a) Explain your agency's rationale for the deviation. Before it can adequately comment on a potential deviation from the FMR, GSA must know why it is needed. GSA will compare your need against the applicable policies and regulations.</P>
                  <P>(b) Obtain clarification from GSA as to whether statutes, Executive orders, or other controlling policies, which may not be evident in the regulation, preclude deviating from the FMR for the reasons stated.</P>
                  <P>(c) Establish a timeframe for using a deviation.</P>
                  <P>(d) Identify potential changes to the FMR.</P>
                  <P>(e) Identify the benefits and other results that the agency expects to achieve.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.90</SECTNO>
                  <SUBJECT>Where should my agency send its correspondence on an FMR deviation?</SUBJECT>
                  <P>Send correspondence to: General Services Administration, Regulatory Secretariat (MVRS), Office of Governmentwide Policy, 1800 F Street, NW, Washington, DC 20405.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.95</SECTNO>
                  <SUBJECT>What information must agencies include in their deviation letters to GSA?</SUBJECT>
                  <P>Agencies must include:</P>
                  <P>(a) The title and citation of the FMR provision from which the agency wishes to deviate;</P>
                  <P>(b) The name and telephone number of an agency contact who can discuss the reason for the deviation;</P>
                  <P>(c) The reason for the deviation;</P>
                  <P>(d) A statement about the expected benefits of using the deviation (to the extent possible, expected benefits should be stated in measurable terms);</P>
                  <P>(e) A statement about possible use of the deviation in other agencies or Governmentwide; and</P>
                  <P>(f) The duration of the deviation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.100</SECTNO>
                  <SUBJECT>Must agencies provide GSA with a follow-up analysis of their experience in deviating from the FMR?</SUBJECT>
                  <P>Yes, agencies that deviate from the FMR must also write to the relevant GSA program office at the Regulatory Secretariat's address (see § 102-2.90) to describe their experiences in using a deviation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.105</SECTNO>
                  <SUBJECT>What information must agencies include in their follow-up analysis?</SUBJECT>
                  <P>In your follow-up analysis, provide information that may include, but should not be limited to, specific actions taken or not taken as a result of the deviation, outcomes, impacts, anticipated versus actual results, and the advantages and disadvantages of taking an alternative course of action.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.110</SECTNO>
                  <SUBJECT>When must agencies provide their follow-up letters?</SUBJECT>
                  <P>(a) For an individual deviation, once the action is complete.</P>
                  <P>(b) For a class deviation, at the end of each twelve-month period from the time you first took the deviation and at the end of the deviation period.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Non-Regulatory Material</HD>
                <SECTION>
                  <SECTNO>§ 102-2.115</SECTNO>
                  <SUBJECT>What kinds of non-regulatory material does GSA publish outside of the FMR?</SUBJECT>
                  <P>As GSA converts the FPMR to the FMR, non-regulatory materials in the FPMR, such as guidance, procedures, standards, and information, that describe how to do business with GSA, will become available in separate documents. These documents may include customer service guides, handbooks, brochures, Internet websites, and FMR bulletins. GSA will eliminate non-regulatory material that is no longer needed.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.120</SECTNO>
                  <SUBJECT>How do I know whom to contact to discuss the regulatory requirements of programs addressed in the FMR?</SUBJECT>
                  <P>Periodically, GSA will issue for your reference an FMR bulletin that lists program contacts with whom agencies can discuss regulatory requirements. At a minimum, the list will contain organization names and telephone numbers for each program addressed in the FMR.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.125</SECTNO>
                  <SUBJECT>What source of information can my agency use to identify materials that describe how to do business with GSA?</SUBJECT>

                  <P>The FMR establishes policy; it does not specify procedures for the acquisition of GSA services. However, as a service to users during the transition <PRTPAGE P="11"/>from the FPMR to the FMR and as needed thereafter, GSA will issue FMR bulletins to identify where to find information on how to do business with GSA. References include customer service guides, handbooks, brochures, Internet websites, etc.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Forms</HD>
              <SECTION>
                <SECTNO>§ 102-2.130</SECTNO>
                <SUBJECT>Where are FMR forms prescribed?</SUBJECT>
                <P>In any of its parts, the FMR may prescribe forms and the requirements for using them.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-2.135</SECTNO>
                <SUBJECT>How do agencies obtain forms prescribed by the FMR?</SUBJECT>
                <P>For copies of the forms prescribed by in the FMR, do any of the following:</P>
                <P>(a) Write to us at: General Services Administration, National Forms and Publications Center (7CPN), Warehouse 4, Dock No. 1, 501 West Felix Street, Fort Worth, TX 76115.</P>
                <P>(b) Send e-mail messages to: NFPC@gsa-7FDepot.</P>
                <P>(c) Visit our web site at: www.gsa.gov/forms/forms.htm.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Plain Language Regulatory Style</HD>
              <SECTION>
                <SECTNO>§ 102-2.140</SECTNO>
                <SUBJECT>What elements of plain language appear in the FMR?</SUBJECT>
                <P>The FMR is written in a “plain language” regulatory style. This style is easy to read and uses a question and answer format directed at the reader, active voice, shorter sentences, and, where appropriate, personal pronouns.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-2.145</SECTNO>
                <SUBJECT>To what do pronouns refer when used in the FMR?</SUBJECT>
                <P>Throughout its text, the FMR may contain pronouns such as, but not limited to, we, you, and I. When pronouns are used, each subchapter of the FMR will indicate whether they refer to the reader, an agency, GSA, or some other entity. In general, pronouns refer to who or what must perform a required action.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 102-3</EAR>
            <HD SOURCE="HED">PART 102-3—FEDERAL ADVISORY COMMITTEE MANAGEMENT</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—What Policies Apply To Advisory Committees Established Within the Executive Branch?</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-3.5</SECTNO>
                <SUBJECT>What does this subpart cover and how does it apply?</SUBJECT>
                <SECTNO>102-3.10</SECTNO>
                <SUBJECT>What is the purpose of the Federal Advisory Committee Act?</SUBJECT>
                <SECTNO>102-3.15</SECTNO>
                <SUBJECT>Who are the intended users of this part?</SUBJECT>
                <SECTNO>102-3.20</SECTNO>
                <SUBJECT>How does this part meet the needs of its audience?</SUBJECT>
                <SECTNO>102-3.25</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
                <SECTNO>102-3.30</SECTNO>
                <SUBJECT>What policies govern the use of advisory committees?</SUBJECT>
                <SECTNO>102-3.35</SECTNO>
                <SUBJECT>What policies govern the use of subcommittees?</SUBJECT>
                <SECTNO>102-3.40</SECTNO>
                <SUBJECT>What types of committees or groups are not covered by the Act and this part?</SUBJECT>
                <APP>Appendix A to Subpart A of Part 102-3—Key Points and Principles</APP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—How Are Advisory Committees Established, Renewed, Reestablished, and Terminated?</HD>
                <SECTNO>102-3.45</SECTNO>
                <SUBJECT>What does this subpart cover and how does it apply?</SUBJECT>
                <SECTNO>102-3.50</SECTNO>
                <SUBJECT>What are the authorities for establishing advisory committees?</SUBJECT>
                <SECTNO>102-3.55</SECTNO>
                <SUBJECT>What rules apply to the duration of an advisory committee?</SUBJECT>
                <SECTNO>102-3.60</SECTNO>
                <SUBJECT>What procedures are required to establish, renew, or reestablish a discretionary advisory committee?</SUBJECT>
                <SECTNO>102-3.65</SECTNO>
                <SUBJECT>What are the public notification requirements for discretionary advisory committees?</SUBJECT>
                <SECTNO>102-3.70</SECTNO>
                <SUBJECT>What are the charter filing requirements?</SUBJECT>
                <SECTNO>102-3.75</SECTNO>
                <SUBJECT>What information must be included in the charter of an advisory committee?</SUBJECT>
                <SECTNO>102-3.80</SECTNO>
                <SUBJECT>How are minor charter amendments accomplished?</SUBJECT>
                <SECTNO>102-3.85</SECTNO>
                <SUBJECT>How are major charter amendments accomplished?</SUBJECT>
                <APP>Appendix A to Subpart B of Part 102-3—Key Points and Principles</APP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—How Are Advisory Committees Managed?</HD>
                <SECTNO>102-3.90</SECTNO>
                <SUBJECT>What does this subpart cover and how does it apply?</SUBJECT>
                <SECTNO>102-3.95</SECTNO>
                <SUBJECT>What principles apply to the management of advisory committees?</SUBJECT>
                <SECTNO>102-3.100</SECTNO>
                <SUBJECT>What are the responsibilities and functions of GSA?</SUBJECT>
                <SECTNO>102-3.105</SECTNO>

                <SUBJECT>What are the responsibilities of an agency head?<PRTPAGE P="12"/>
                </SUBJECT>
                <SECTNO>102-3.110</SECTNO>
                <SUBJECT>What are the responsibilities of a chairperson of an independent Presidential advisory committee?</SUBJECT>
                <SECTNO>102-3.115</SECTNO>
                <SUBJECT>What are the responsibilities and functions of an agency Committee Management Officer (CMO)?</SUBJECT>
                <SECTNO>102-3.120</SECTNO>
                <SUBJECT>What are the responsibilities and functions of a Designated Federal Officer (DFO)?</SUBJECT>
                <SECTNO>102-3.125</SECTNO>
                <SUBJECT>How should agencies consider the roles of advisory committee members and staff?</SUBJECT>
                <SECTNO>102-3.130</SECTNO>
                <SUBJECT>What policies apply to the appointment, and compensation or reimbursement of advisory committee members, staff, and experts and consultants?</SUBJECT>
                <APP>Appendix A to Subpart C of Part 102-3—Key Points and Principles</APP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Advisory Committee Meeting and Recordkeeping Procedures</HD>
                <SECTNO>102-3.135</SECTNO>
                <SUBJECT>What does this subpart cover and how does it apply?</SUBJECT>
                <SECTNO>102-3.140</SECTNO>
                <SUBJECT>What policies apply to advisory committee meetings?</SUBJECT>
                <SECTNO>102-3.145</SECTNO>
                <SUBJECT>What policies apply to subcommittee meetings?</SUBJECT>
                <SECTNO>102-3.150</SECTNO>
                <SUBJECT>How are advisory committee meetings announced to the public?</SUBJECT>
                <SECTNO>102-3.155</SECTNO>
                <SUBJECT>How are advisory committee meetings closed to the public?</SUBJECT>
                <SECTNO>102-3.160</SECTNO>
                <SUBJECT>What activities of an advisory committee are not subject to the notice and open meeting requirements of the Act?</SUBJECT>
                <SECTNO>102-3.165</SECTNO>
                <SUBJECT>How are advisory committee meetings documented?</SUBJECT>
                <SECTNO>102-3.170</SECTNO>
                <SUBJECT>How does an interested party obtain access to advisory committee records?</SUBJECT>
                <SECTNO>102-3.175</SECTNO>
                <SUBJECT>What are the reporting and recordkeeping requirements for an advisory committee?</SUBJECT>
                <APP>Appendix A to Subpart D of Part 102-3—Key Points and Principles</APP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">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?</HD>
                <SECTNO>102-3.180</SECTNO>
                <SUBJECT>What does this subpart cover and how does it apply?</SUBJECT>
                <SECTNO>102-3.185</SECTNO>
                <SUBJECT>What does this subpart require agencies to do?</SUBJECT>
                <APP>Appendix A to Subpart E of Part 102-3—Key Points and Principles</APP>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>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.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>At 66 FR 37733, July 19, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—What Policies Apply to Advisory Committees Established Within the Executive Branch?</HD>
              <SECTION>
                <SECTNO>§ 102-3.5</SECTNO>
                <SUBJECT>What does this subpart cover and how does it apply?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.10</SECTNO>
                <SUBJECT>What is the purpose of the Federal Advisory Committee Act?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.15</SECTNO>
                <SUBJECT>Who are the intended users of this part?</SUBJECT>
                <P>(a) The primary users of this Federal Advisory Committee Management part are:</P>
                <P>(1) Executive branch officials and others outside Government currently involved with an established advisory committee;</P>
                <P>(2) Executive branch officials who seek to establish or utilize an advisory committee;</P>
                <P>(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</P>

                <P>(4) Field personnel of Federal agencies who are increasingly involved with <PRTPAGE P="13"/>the public as part of their efforts to increase collaboration and improve customer service.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.20</SECTNO>
                <SUBJECT>How does this part meet the needs of its audience?</SUBJECT>
                <P>This Federal Advisory Committee Management part meets the general and specific needs of its audience by addressing the following issues and related topics:</P>
                <P>(a) <E T="03">Scope and applicability.</E> 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.</P>
                <P>(b) <E T="03">Policies and guidelines.</E> 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.</P>
                <P>(c) <E T="03">Examples and principles.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.25</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
                <P>The following definitions apply to this Federal Advisory Committee Management part:</P>
                <P>
                  <E T="03">Act</E> means the Federal Advisory Committee Act, as amended, 5 U.S.C., App.</P>
                <P>
                  <E T="03">Administrator</E> means the Administrator of General Services.</P>
                <P>
                  <E T="03">Advisory committee</E> 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.</P>
                <P>
                  <E T="03">Agency</E> has the same meaning as in 5 U.S.C. 551(1).</P>
                <P>
                  <E T="03">Committee Management Officer (“CMO”),</E> 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.</P>
                <P>
                  <E T="03">Committee Management Secretariat (“Secretariat”),</E> 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).</P>
                <P>
                  <E T="03">Committee meeting</E> 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.</P>
                <P>
                  <E T="03">Committee member</E> means an individual who serves by appointment or invitation on an advisory committee or subcommittee.</P>
                <P>
                  <E T="03">Committee staff</E> 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.</P>
                <P>
                  <E T="03">Designated Federal Officer (“DFO”),</E> 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.</P>
                <P>
                  <E T="03">Discretionary advisory committee</E> means any advisory committee that is <PRTPAGE P="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.</P>
                <P>
                  <E T="03">Independent Presidential advisory committee</E> 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.</P>
                <P>
                  <E T="03">Non-discretionary advisory committee</E> means any advisory committee either required by statute or by Presidential directive. A <E T="03">non-discretionary advisory committee</E> 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.</P>
                <P>
                  <E T="03">Presidential advisory committee</E> means any advisory committee authorized by the Congress or directed by the President to advise the President.</P>
                <P>
                  <E T="03">Subcommittee</E> 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.</P>
                <P>
                  <E T="03">Utilized</E> for the purposes of the Act, does not have its ordinary meaning. A committee that is not established by the Federal Government is <E T="03">utilized</E> within the meaning of the Act when the President or a Federal office or agency exercises actual management or control over its operation.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.30</SECTNO>
                <SUBJECT>What policies govern the use of advisory committees?</SUBJECT>
                <P>The policies to be followed by Federal departments and agencies in establishing and operating advisory committees consistent with the Act are as follows:</P>
                <P>(a) <E T="03">Determination of need in the public interest.</E> 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:</P>
                <P>(1) Advisory committee deliberations will result in the creation or elimination of (or change in) regulations, policies, or guidelines affecting agency business;</P>
                <P>(2) The advisory committee will make recommendations resulting in significant improvements in service or reductions in cost; or</P>
                <P>(3) The advisory committee's recommendations will provide an important additional perspective or viewpoint affecting agency operations.</P>
                <P>(b) <E T="03">Termination.</E> An advisory committee must be terminated when:</P>
                <P>(1) The stated objectives of the committee have been accomplished;</P>
                <P>(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;</P>
                <P>(3) The agency determines that the cost of operation is excessive in relation to the benefits accruing to the Federal Government;</P>
                <P>(4) In the case of a discretionary advisory committee, upon the expiration of a period not to exceed two years, unless renewed;</P>
                <P>(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</P>
                <P>(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.</P>
                <P>(c) <E T="03">Balanced membership.</E> An advisory committee must be fairly balanced in its membership in terms of the points of view represented and the functions to be performed.</P>
                <P>(d) <E T="03">Open meetings.</E> 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.</P>
                <P>(e) <E T="03">Advisory functions only.</E> The function of advisory committees is advisory <PRTPAGE P="15"/>only, unless specifically provided by statute or Presidential directive.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.35</SECTNO>
                <SUBJECT>What policies govern the use of subcommittees?</SUBJECT>
                <P>(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.</P>
                <P>(b) The creation and operation of subcommittees must be approved by the agency establishing the parent advisory committee.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.40</SECTNO>
                <SUBJECT>What types of committees or groups are not covered by the Act and this part?</SUBJECT>
                <P>The following are examples of committees or groups that are not covered by the Act or this Federal Advisory Committee Management part:</P>
                <P>(a) <E T="03">Committees created by the National Academy of Sciences (NAS) or the National Academy of Public Administration (NAPA).</E> 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;</P>
                <P>(b) <E T="03">Advisory committees of the Central Intelligence Agency and the Federal Reserve System.</E> Any advisory committee established or utilized by the Central Intelligence Agency or the Federal Reserve System;</P>
                <P>(c) <E T="03">Committees exempted by statute.</E> Any committee specifically exempted from the Act by law;</P>
                <P>(d) <E T="03">Committees not actually managed or controlled by the executive branch.</E> 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;</P>
                <P>(e) <E T="03">Groups assembled to provide individual advice.</E> 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;</P>
                <P>(f) <E T="03">Groups assembled to exchange facts or information.</E> Any group that meets with a Federal official(s) for the purpose of exchanging facts or information;</P>
                <P>(g) <E T="03">Intergovernmental committees.</E> 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);</P>
                <P>(h) <E T="03">Intragovernmental committees.</E> Any committee composed wholly of full-time or permanent part-time officers or employees of the Federal Government;</P>
                <P>(i) <E T="03">Local civic groups.</E> Any local civic group whose primary function is that of rendering a public service with respect to a Federal program;</P>
                <P>(j) <E T="03">Groups established to advise State or local officials.</E> 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</P>
                <P>(k) <E T="03">Operational committees.</E> 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 <PRTPAGE P="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.</P>
              </SECTION>
              <APPENDIX>
                <EAR>Pt. 102-3, Subpt. A, App. A</EAR>
                <HD SOURCE="HED">Appendix A to Subpart A of Part 102-3—Key Points and Principles</HD>
                <P>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:</P>
                <GPOTABLE CDEF="s60,xl40,xl90,r100" COLS="4" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Key points and principles</CHED>
                    <CHED H="1">Section(s)</CHED>
                    <CHED H="1">Question(s)</CHED>
                    <CHED H="1">Guidance</CHED>
                  </BOXHD>
                  <ROW RUL="s">
                    <ENT I="01">I. FACA applies to advisory committees that are either “established” or “utilized” by an agency</ENT>
                    <ENT>102-3.25, 102-3.40(d), 102-3.40(f)</ENT>
                    <ENT>1. A local citizens group wants to meet with a Federal official(s) to help improve the condition of a forest's trails and quality of concessions. May the Government meet with the group without chartering the group under the Act?<LI>2. May an agency official attend meetings of external groups where advice may be offered to the Government during the course of discussions?</LI>
                      <LI>3. May an agency official participate in meetings of groups or organizations as a member without chartering the group under the Act?</LI>
                      <LI>4. Is the Act applicable to meetings between agency officials and their contractors, licensees, or other “private sector program partners?”</LI>
                    </ENT>
                    <ENT>A. The answer to questions 1, 2, and 3 is yes, if the agency does not either “establish” or “utilize” (exercise “actual management or control” over) the group. (i) Although there is no precise legal definition of “actual management or control,” the following factors may be used by an agency to determine whether or not a group is “utilized” within the meaning of the Act: (a) Does the agency manage or control the group's membership or otherwise determine its composition? (b) Does the agency manage or control the group's agenda? (c) Does the agency fund the group's activities? (ii) Answering “yes” to any or all of questions 1, 2, or 3 does not automatically mean the group is “utilized” within the meaning of the Act. However, an agency may need to reconsider the status of the group under the Act if the relationship in question essentially is indistinguishable from an advisory committee established by the agency.<LI>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.</LI>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">II. The development of consensus among all or some of the attendees at a public meeting or similar forum does not automatically invoke FACA</ENT>
                    <ENT>102-3.25, 102-3.40(d), 102-3.40(f)</ENT>
                    <ENT>1. If, during a public meeting of the “town hall” type called by an agency, it appears that the audience is achieving consensus, or a common point of view, is this an indication that the meeting is subject to the Act and must be stopped?</ENT>
                    <ENT>A. No, the public meeting need not be stopped. (i) A group must either be “established” or “utilized” by the executive branch in order for the Act to apply. (ii) Public meetings represent a chance for individuals to voice their opinions and/or share information. In that sense, agencies do not either “establish” the assemblage of individuals as an advisory committee or “utilize” the attendees as an advisory committee because there are no elements of either “management” or “control” present or intended.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <PRTPAGE P="17"/>
                    <ENT I="01">III. Meetings between a Federal official(s) and a collection of individuals where advice is sought from the attendees on an individual basis are not subject to the Act</ENT>
                    <ENT>102-3.40(e)</ENT>
                    <ENT>1. May an agency official meet with a number of persons collectively to obtain their individual views without violating the Act?<LI>2. Does the concept of an “individual” apply only to “natural persons?”</LI>
                    </ENT>
                    <ENT>A. The answer to questions 1 and 2 is yes. The Act applies only where a group is established or utilized to provide advice or recommendations “as a group.” (i) A mere assemblage or collection of individuals where the attendees are providing individual advice is not acting “as a group” under the Act. (ii) In this respect, “individual” is not limited to “natural persons.” Where the group consists of representatives of various existing organizations, each representative individually may provide advice on behalf of that person's organization without violating the Act, if those organizations themselves are not “managed or controlled” by the agency.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">IV. Meetings between Federal, State, local, and tribal elected officials are not subject to the Act</ENT>
                    <ENT>102-3.40(g)</ENT>
                    <ENT>1. Is the exclusion from the Act covering elected officials of State, local, and tribal governments acting in their official capacities also applicable to associations of State officials?</ENT>
                    <ENT>A. Yes. The scope of activities covered by the exclusion from the Act for intergovernmental activities should be construed broadly to facilitateFederal/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).</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">V. Advisory committees established under the Act may perform advisory functions only, unless authorized to perform “operational” duties by the Congress or by Presidential directive</ENT>
                    <ENT>102-3.30(e), 102-3.40(k)</ENT>
                    <ENT>1. Are “operational committees” subject to the Act, even if they may engage in some advisory activities?</ENT>
                    <ENT>A. No, so long as the operational functions performed by the committee constitute the “primary” mission of the committee. Only committees established or utilized by the executive branch in the interest of obtaining advice or recommendations are subject to the Act. However, without specific authorization by the Congress or direction by the President, Federal functions (decisionmaking or operations) cannot be delegated to, or assumed by, non-Federal individuals or entities.</ENT>
                  </ROW>
                  <ROW>
                    <PRTPAGE P="18"/>
                    <ENT I="01">VI. Committees authorized by the Congress in law or by Presidential directive to perform primarily “operational” functions are not subject to the Act</ENT>
                    <ENT>102-3.40(k)</ENT>
                    <ENT>1. What characteristics are common to “operational committees?”<LI>2. A committee created by the Congress by statute is responsible, for example, for developing plans and events to commemorate the contributions of wildlife to the enjoyment of the Nation's parks. Part of the committee's role includes providing advice to certain Federal agencies as may be necessary to coordinate these events. Is this committee subject to FACA?</LI>
                    </ENT>
                    <ENT>A. In answer to question 1, non-advisory, or “operational” committees generally have the following characteristics: (i) Specific functions and/or authorities provided by the Congress in law or by Presidential directive; (ii) The ability to make and implement traditionally Governmental decisions; and (iii) The authority to perform specific tasks to implement a Federal program.<LI>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.</LI>
                      <LI>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.</LI>
                    </ENT>
                  </ROW>
                </GPOTABLE>
              </APPENDIX>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—How Are Advisory Committees Established, Renewed, Reestablished, and Terminated?</HD>
              <SECTION>
                <SECTNO>§ 102-3.45</SECTNO>
                <SUBJECT>What does this subpart cover and how does it apply?</SUBJECT>

                <P>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 <E T="04">Federal Register,</E> and amending an advisory committee charter.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.50</SECTNO>
                <SUBJECT>What are the authorities for establishing advisory committees?</SUBJECT>
                <P>FACA identifies four sources of authority for establishing an advisory committee:</P>
                <P>(a) <E T="03">Required by statute.</E> By law where the Congress establishes an advisory committee, or specifically directs the President or an agency to establish it (<E T="03">non-discretionary</E>);</P>
                <P>(b) <E T="03">Presidential authority.</E> By Executive order of the President or other Presidential directive (<E T="03">non-discretionary</E>);</P>
                <P>(c) <E T="03">Authorized by statute.</E> By law where the Congress authorizes, but does not direct the President or an agency to establish it (<E T="03">discretionary</E>); or</P>
                <P>(d) <E T="03">Agency authority.</E> By an agency under general authority in title 5 of the United States Code or under other general agency-authorizing statutes (<E T="03">discretionary</E>).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.55</SECTNO>
                <SUBJECT>What rules apply to the duration of an advisory committee?</SUBJECT>
                <P>(a) An advisory committee automatically terminates two years after its date of establishment unless:</P>
                <P>(1) The statutory authority used to establish the advisory committee provides a different duration;</P>
                <P>(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;</P>

                <P>(3) The President or agency head determines that the advisory committee is no longer carrying out the purpose <PRTPAGE P="19"/>for which it was established and terminates the advisory committee earlier; or</P>
                <P>(4) The President or agency head renews the committee not later than two years after its date of establishment in accordance with § 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 § 102-3.30(b), it can be reestablished in accordance with § 102-3.60.</P>
                <P>(b) When an advisory committee terminates, the agency shall notify the Secretariat of the effective date of the termination.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.60</SECTNO>
                <SUBJECT>What procedures are required to establish, renew, or reestablish a discretionary advisory committee?</SUBJECT>
                <P>(a) <E T="03">Consult with the Secretariat.</E> Before establishing, renewing, or reestablishing a discretionary advisory committee and filing the charter as addressed later in § 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.</P>
                <P>(b) <E T="03">Include required information in the consultation.</E> Consultations covering the establishment, renewal, and reestablishment of advisory committees must, as a minimum, contain the following information:</P>
                <P>(1) <E T="03">Explanation of need.</E> An explanation stating why the advisory committee is essential to the conduct of agency business and in the public interest;</P>
                <P>(2) <E T="03">Lack of duplication of resources.</E> An explanation stating why the advisory committee's functions cannot be performed by the agency, another existing committee, or other means such as a public hearing; and</P>
                <P>(3) <E T="03">Fairly balanced membership.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.65</SECTNO>
                <SUBJECT>What are the public notification requirements for discretionary advisory committees?</SUBJECT>
                <P>A notice to the public in the <E T="04">Federal Register</E> is required when a discretionary advisory committee is established, renewed, or reestablished.</P>
                <P>(a) <E T="03">Procedure.</E> Upon receiving notice from the Secretariat that its review is complete in accordance with § 102-3.60(a), the agency must publish a notice in the <E T="04">Federal Register</E> 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.</P>
                <P>(b) <E T="03">Time required for notices.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.70</SECTNO>
                <SUBJECT>What are the charter filing requirements?</SUBJECT>

                <P>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, <PRTPAGE P="20"/>or by another agency official designated by the agency head.</P>
                <P>(a) <E T="03">Requirement for discretionary advisory committees.</E> To establish, renew, or reestablish a discretionary advisory committee, a charter must be filed with:</P>
                <P>(1) The agency head;</P>
                <P>(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;</P>
                <P>(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</P>
                <P>(4) The Secretariat, indicating the date the charter was filed in accordance with paragraph (a)(2) of this section.</P>
                <P>(b) <E T="03">Requirement for non-discretionary advisory committees.</E> 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.</P>
                <P>(c) <E T="03">Requirement for subcommittees that report directly to the Government.</E> Subcommittees that report directly to a Federal officer or agency must comply with this subpart and include in a charter the information required by § 102-3.75.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.75</SECTNO>
                <SUBJECT>What information must be included in the charter of an advisory committee?</SUBJECT>
                <P>(a) <E T="03">Purpose and contents of an advisory committee charter.</E> 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:</P>
                <P>(1) The advisory committee's official designation;</P>
                <P>(2) The objectives and the scope of the advisory committee's activity;</P>
                <P>(3) The period of time necessary to carry out the advisory committee's purpose(s);</P>
                <P>(4) The agency or Federal officer to whom the advisory committee reports;</P>
                <P>(5) The agency responsible for providing the necessary support to the advisory committee;</P>
                <P>(6) A description of the duties for which the advisory committee is responsible and specification of the authority for any non-advisory functions;</P>
                <P>(7) The estimated annual costs to operate the advisory committee in dollars and person years;</P>
                <P>(8) The estimated number and frequency of the advisory committee's meetings;</P>
                <P>(9) The planned termination date, if less than two years from the date of establishment of the advisory committee;</P>
                <P>(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</P>
                <P>(11) The date the charter is filed in accordance with § 102-3.70.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.80</SECTNO>
                <SUBJECT>How are minor charter amendments accomplished?</SUBJECT>
                <P>(a) <E T="03">Responsibility and limitation.</E> 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 § 102-3.60.</P>
                <P>(b) <E T="03">Procedures for minor amendments.</E> 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:</P>
                <P>(1) <E T="03">Non-discretionary advisory committees.</E> The agency head must ensure that any minor technical changes made to current charters are consistent with <PRTPAGE P="21"/>the relevant authority. When the Congress by law, or the President by Executive order, changes the authorizing language that has been the basis for establishing an advisory committee, the agency head or the chairperson of an independent Presidential advisory committee must amend those sections of the current charter affected by the new statute or Executive order, and file the amended charter as specified in § 102-3.70.</P>
                <P>(2) <E T="03">Discretionary advisory committees.</E> 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 § 102-3.70.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.85</SECTNO>
                <SUBJECT>How are major charter amendments accomplished?</SUBJECT>
                <P>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 § 102-3.80, except that for discretionary advisory committees an agency must:</P>
                <P>(a) Consult with the Secretariat on the amended language, and explain the purpose of the changes and why they are necessary; and</P>
                <P>(b) File the amended charter as specified in § 102-3.70.</P>
              </SECTION>
              <APPENDIX>
                <EAR>Pt. 102-3, Subpt. B, App. A</EAR>
                <HD SOURCE="HED">Appendix A to Subpart B of Part 102-3—Key Points and Principles</HD>
                <P>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:</P>
                <GPOTABLE CDEF="xl60,xl40,xl90,r100" COLS="4" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Key points and principles</CHED>
                    <CHED H="1">Section(s)</CHED>
                    <CHED H="1">Question(s)</CHED>
                    <CHED H="1">Guidance</CHED>
                  </BOXHD>
                  <ROW RUL="s">
                    <ENT I="01">I. Agency heads must consult with the Secretariat prior to establishing a discretionary advisory committee.</ENT>
                    <ENT>102-3.60, 102-3.115</ENT>
                    <ENT>1. Can an agency head delegate to the Committee Management Officer (CMO) responsibility for consulting with the Secretariat regarding the establishment, renewal, or reestablishment of discretionary advisory committees?</ENT>
                    <ENT>A. Yes. Many administrative functions performed to implement the Act may be delegated. However, those functions related to approving the final establishment, renewal, or reestablishment of discretionary advisory committees are reserved for the agency head. Each agency CMO should assure that their internal processes for managing advisory committees include appropriate certifications by the agency head.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">II. Agency heads are responsible for complying with the Act, including determining which discretionary advisory committees should be established and renewed.</ENT>
                    <ENT>102-3.60(a), 102-3.105</ENT>
                    <ENT>1. Who retains final authority for establishing or renewing a discretionary advisory committee?</ENT>
                    <ENT>A. Although agency heads retain final authority for establishing or renewing discretionary advisory committees, these decisions should be consistent with § 102-3.105(e) and reflect consultation with the Secretariat under § 102-3.60(a).</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <PRTPAGE P="22"/>
                    <ENT I="01">III. An advisory committee must be fairly balanced in its membership in terms of the points of view represented and the functions to be performed.</ENT>
                    <ENT>102-3.30(c), 102-3.60(b)(3)</ENT>
                    <ENT>1. What factors should be considered in achieving a “balanced” advisory committee membership?</ENT>
                    <ENT>A. The composition of an advisory committee's membership will depend upon several factors, including: (i) 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.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">IV. Charters for advisory committees required by statute must be filed every two years regardless of the duration provided in the statute.</ENT>
                    <ENT>102-3.70(b)</ENT>
                    <ENT>1. If an advisory committee's duration exceeds two years, must a charter be filed with the Congress and GSA every two years?</ENT>
                    <ENT>A. Yes. Section 14(b)(2) of the Act provides that: Any advisory committee established by an Act of 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.</ENT>
                  </ROW>
                </GPOTABLE>
              </APPENDIX>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—How Are Advisory Committees Managed?</HD>
              <SECTION>
                <SECTNO>§ 102-3.90</SECTNO>
                <SUBJECT>What does this subpart cover and how does it apply?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.95</SECTNO>
                <SUBJECT>What principles apply to the management of advisory committees?</SUBJECT>
                <P>Agencies are encouraged to apply the following principles to the management of their advisory committees:</P>
                <P>(a) <E T="03">Provide adequate support.</E> 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.</P>
                <P>(b) <E T="03">Focus on mission.</E> 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.</P>
                <P>(c) <E T="03">Follow plans and procedures.</E> 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.</P>
                <P>(d) <E T="03">Practice openness.</E> 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.</P>
                <P>(e) <E T="03">Seek feedback.</E> 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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="23"/>
                <SECTNO>§ 102-3.100</SECTNO>
                <SUBJECT>What are the responsibilities and functions of GSA?</SUBJECT>
                <P>(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.</P>
                <P>(b) The Secretariat carries out its responsibilities by:</P>
                <P>(1) Conducting an annual comprehensive review of Governmentwide advisory committee accomplishments, costs, benefits, and other indicators to measure performance;</P>
                <P>(2) Developing and distributing Governmentwide training regarding the Act and related statutes and principles;</P>
                <P>(3) Supporting the Interagency Committee on Federal Advisory Committee Management in its efforts to improve compliance with the Act;</P>
                <P>(4) Designing and maintaining a Governmentwide shared Internet-based system to facilitate collection and use of information required by the Act;</P>
                <P>(5) Identifying performance measures that may be used to evaluate advisory committee accomplishments; and</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.105</SECTNO>
                <SUBJECT>What are the responsibilities of an agency head?</SUBJECT>
                <P>The head of each agency that establishes or utilizes one or more advisory committees must:</P>
                <P>(a) Comply with the Act and this Federal Advisory Committee Management part;</P>
                <P>(b) Issue administrative guidelines and management controls that apply to all of the agency's advisory committees subject to the Act;</P>
                <P>(c) Designate a Committee Management Officer (CMO);</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(i) Designate a Designated Federal Officer (DFO) for each advisory committee and its subcommittees; and</P>
                <P>(j) Provide the opportunity for reasonable participation by the public in advisory committee activities, subject to § 102-3.140 and the agency's guidelines.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.110</SECTNO>
                <SUBJECT>What are the responsibilities of a chairperson of an independent Presidential advisory committee?</SUBJECT>
                <P>The chairperson of an independent Presidential advisory committee must:</P>
                <P>(a) Comply with the Act and this Federal Advisory Committee Management part;</P>
                <P>(b) Consult with the Secretariat concerning the designation of a Committee Management Officer (CMO) and Designated Federal Officer (DFO); and</P>
                <P>(c) Consult with the Secretariat in advance regarding any proposal to close any meeting in whole or in part.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="24"/>
                <SECTNO>§ 102-3.115</SECTNO>
                <SUBJECT>What are the responsibilities and functions of an agency Committee Management Officer (CMO)?</SUBJECT>
                <P>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:</P>
                <P>(a) <E T="03">Charter and membership documentation.</E> A set of filed charters for each advisory committee and membership lists for each advisory committee and subcommittee;</P>
                <P>(b) <E T="03">Annual comprehensive review.</E> Copies of the information provided as the agency's portion of the annual comprehensive review of Federal advisory committees, prepared according to § 102-3.175(b);</P>
                <P>(c) <E T="03">Agency guidelines.</E> Agency guidelines maintained and updated on committee management operations and procedures; and</P>
                <P>(d) <E T="03">Closed meeting determinations.</E> Agency determinations to close or partially close advisory committee meetings required by § 102-3.105.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.120</SECTNO>
                <SUBJECT>What are the responsibilities and functions of a Designated Federal Officer (DFO)?</SUBJECT>
                <P>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:</P>
                <P>(a) Approve or call the meeting of the advisory committee or subcommittee;</P>
                <P>(b) Approve the agenda, except that this requirement does not apply to a Presidential advisory committee;</P>
                <P>(c) Attend the meetings;</P>
                <P>(d) Adjourn any meeting when he or she determines it to be in the public interest; and</P>
                <P>(e) Chair the meeting when so directed by the agency head.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.125</SECTNO>
                <SUBJECT>How should agencies consider the roles of advisory committee members and staff?</SUBJECT>
                <P>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:</P>
                <P>(a) <E T="03">Clear operating procedures.</E> 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;</P>
                <P>(b) <E T="03">Agency operating policies.</E> In addition to compliance with the Act, advisory committee members and staff may be required to adhere to additional agency operating policies; and</P>
                <P>(c) <E T="03">Other applicable statutes.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.130</SECTNO>
                <SUBJECT>What policies apply to the appointment, and compensation or reimbursement of advisory committee members, staff, and experts and consultants?</SUBJECT>
                <P>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:</P>
                <P>(a) <E T="03">Appointment and terms of advisory committee members.</E> Unless otherwise provided by statute, Presidential directive, or other establishment authority, <PRTPAGE P="25"/>advisory committee members serve at the pleasure of the appointing or inviting authority. Membership terms are at the sole discretion of the appointing or inviting authority.</P>
                <P>(b) <E T="03">Compensation guidelines.</E> Each agency head must establish uniform compensation guidelines for members and staff of, and experts and consultants to an advisory committee.</P>
                <P>(c) <E T="03">Compensation of advisory committee members not required.</E> 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.</P>
                <P>(d) <E T="03">Compensation of advisory committee members.</E> 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.</P>
                <P>(e) <E T="03">Compensation of staff.</E> When an agency has authority to set pay administratively for advisory committee staff, it may establish appropriate rates of pay (including any applicable locality pay authorized by the President's Pay Agent under 5 U.S.C. 5304(h)), not to exceed the rate for level IV of the Executive Schedule under 5 U.S.C. 5315, unless a higher rate expressly is allowed by another statute. However, the agency head personally must authorize a rate of basic pay in excess of the maximum rate of basic pay established for the General Schedule under 5 U.S.C. 5332, or alternative similar agency compensation system. This maximum rate includes any applicable locality payment under 5 U.S.C. 5304. The agency must pay advisory committee staff on an hourly rate basis. The agency may provide additional compensation, such as bonuses or premium pay, so long as aggregate compensation paid in a calendar year does not exceed the rate for level IV of the Executive Schedule, with appropriate proration for a partial calendar year.</P>
                <P>(f) <E T="03">Other compensation considerations.</E> 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.</P>
                <P>(g) <E T="03">Compensation of experts and consultants.</E> 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.).<PRTPAGE P="26"/>
                </P>
                <P>(h) <E T="03">Federal employees assigned to an advisory committee.</E> 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.</P>
                <P>(i) <E T="03">Other appointment considerations.</E> 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.</P>
                <P>(j) <E T="03">Gratuitous services.</E> 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.</P>
                <P>(k) <E T="03">Travel expenses.</E> Advisory committee members and staff, while engaged in the performance of their duties away from their homes or regular places of business, may be allowed reimbursement for travel expenses, including per diem in lieu of subsistence, as authorized by 5 U.S.C. 5703, for persons employed intermittently in the Government service.</P>
                <P>(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.</P>
              </SECTION>
              <APPENDIX>
                <EAR>Pt. 102-3, Subpt. C, App. A</EAR>
                <HD SOURCE="HED">Appendix A to Subpart C of Part 102-3—Key Points and Principles</HD>
                <P>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:</P>
                <GPOTABLE CDEF="xl60,xl40,xl90,r100" COLS="4" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Key points and principles</CHED>
                    <CHED H="1">Section</CHED>
                    <CHED H="1">Question(s)</CHED>
                    <CHED H="1">Guidance</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">I. FACA does not specify the manner in which advisory committee members and staff must be appointed</ENT>
                    <ENT>102-3.105, 102-3.130(a)</ENT>
                    <ENT>1. Does the appointment of an advisory committee member necessarily result in a lengthy process?</ENT>
                    <ENT>A. No. Each agency head may specify those policies and procedures, consistent with the Act and this part, or other specific authorizing statute, governing the appointment of advisory committee members and staff.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22"/>
                    <ENT O="xl"/>
                    <ENT O="xl"/>
                    <ENT>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.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="22"/>
                    <ENT O="xl"/>
                    <ENT O="xl"/>
                    <ENT>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.</ENT>
                  </ROW>
                  <ROW>
                    <PRTPAGE P="27"/>
                    <ENT I="01">II. Agency heads retain the final authority for selecting advisory committee members, unless otherwise provided for by a specific statute or Presidential directive</ENT>
                    <ENT>102-3.130(a)</ENT>
                    <ENT>1. Can an agency head select for membership on an advisory committee from among nominations submitted by an organization?</ENT>
                    <ENT>A. The answer to question 1 is yes. Organizations may propose for membership individuals to represent them on an advisory committee. However, the agency head establishing the advisory committee, or other appointing authority, retains the final authority for selecting all members.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22"/>
                    <ENT O="xl"/>
                    <ENT O="xl">2. If so, can different persons represent the organization at different meetings?</ENT>
                    <ENT>B. The answer to question 2 also is yes. Alternates may represent an appointed member with the approval of the establishing agency, where the agency head is the appointing authority.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">III. An agency may compensate advisory committee members and staff, and also employ experts and consultants</ENT>
                    <ENT>102-3.130(d), 102-3.130(e), 102-3.130(g)</ENT>
                    <ENT>1. May members and staff be compensated for their service or duties on an advisory committee?<LI>2. Are the guidelines the same for compensating both members and staff?</LI>
                      <LI>3. May experts and consultants be employed to perform other advisory committee work?</LI>
                    </ENT>
                    <ENT>A. The answer to question 1 is yes. (i) However, FACA limits compensation for advisory committee members and staff to the rate for level IV of the Executive Schedule, unless higher rates expressly are allowed by other statutes. (ii) Although FACA provides for compensation guidelines, the Act does not require an agency to compensate its advisory committee members.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22"/>
                    <ENT O="xl"/>
                    <ENT O="xl"/>
                    <ENT>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.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="22"/>
                    <ENT O="xl"/>
                    <ENT O="xl"/>
                    <ENT>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.)</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">IV. Agency heads are responsible for ensuring that the interests and affiliations of advisory committee members are reviewed for conformance with applicable conflict of interest statutes and other Federal ethics rules.</ENT>
                    <ENT>102-3.105(h)</ENT>
                    <ENT>1. Are all advisory committee members subject to conflict of interest statutes and other Federal ethics rules?<LI>2. Who should be consulted for guidance on the proper application of Federal ethics rules to advisory committee members?</LI>
                    </ENT>
                    <ENT>A. The answer to question 1 is no. Whether an advisory committee member is subject to Federal ethics rules is dependent on the member's status. The determination of a member's status on an advisory committee is largely a personnel classification matter for the appointing agency. Most advisory committee members will serve either as a “representative” or a “special Government employee” (SGE), based on the role the member will play. In general, SGEs are covered by regulations issued by the U. S. Office of Government Ethics (OGE) and certain conflict of interest statutes,while representatives are not subject to these ethics requirements.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <PRTPAGE P="28"/>
                    <ENT I="01" O="xl"/>
                    <ENT O="xl"/>
                    <ENT O="xl"/>
                    <ENT>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.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">V. An agency head may delegate responsibility for appointing a Committee Management Officer (CMO) or Designated Federal Officer (DFO); however, there may be only one CMO for each agency.</ENT>
                    <ENT>102-3.105(c), 102-3.105(i)</ENT>
                    <ENT>1. Must an agency's CMO and each advisory committee DFO be appointed by the agency head?</ENT>
                    <ENT>A. The answer to question 1 is no. The agency head may delegate responsibility for appointing the CMO and DFOs. However, these appointments, including alternate selections, should be documented consistent with the agency's policies and procedures.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="22"/>
                    <ENT O="xl"/>
                    <ENT>2. May an agency have more than one CMO?</ENT>
                    <ENT>B. The answer to question 2 also is no. The functions of the CMO are specified in the Act and include oversight responsibility for all advisory committees within the agency. Accordingly, only one CMO may be appointed to perform these functions. The agency may, however, create additional positions, including those in its subcomponents, which are subordinate to the CMO's agencywide responsibilities and functions.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">VI. FACA is the principal statute pertaining to advisory committees. However, other statutes may impact their use and operations.</ENT>
                    <ENT>102-3.125(c)</ENT>
                    <ENT>1. Do other statutes or regulations affect the way an agency carries out its advisory committee management program?</ENT>
                    <ENT>A. Yes. While the Act provides a general framework for managing advisory committees Governmentwide, other factors may affect how advisory committees are managed. These include: (i) The statutory or Presidential authority used to establish an advisory committee; (ii) A statutory limitation placed on an agency regarding its annual expenditures for advisory committees; (iii) Presidential or agency management directives; (iv) The applicability of conflict of interest statutes and other Federal ethics rules; (v) Agency regulations affecting advisory committees; and (vi) Other requirements imposed by statute or regulation on an agency or its programs, such as those governing the employment of experts and consultants or the management of Federal records.</ENT>
                  </ROW>
                </GPOTABLE>
              </APPENDIX>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Advisory Committee Meeting and Recordkeeping Procedures</HD>
              <SECTION>
                <SECTNO>§ 102-3.135</SECTNO>
                <SUBJECT>What does this subpart cover and how does it apply?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.140</SECTNO>
                <SUBJECT>What policies apply to advisory committee meetings?</SUBJECT>
                <P>The agency head, or the chairperson of an independent Presidential advisory committee, must ensure that:</P>
                <P>(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;</P>

                <P>(b) The meeting room or other forum selected is sufficient to accommodate <PRTPAGE P="29"/>advisory committee members, advisory committee or agency staff, and a reasonable number of interested members of the public;</P>
                <P>(c) Any member of the public is permitted to file a written statement with the advisory committee;</P>
                <P>(d) Any member of the public may speak to or otherwise address the advisory committee if the agency's guidelines so permit; and</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.145</SECTNO>
                <SUBJECT>What policies apply to subcommittee meetings?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.150</SECTNO>
                <SUBJECT>How are advisory committee meetings announced to the public?</SUBJECT>
                <P>(a) A notice in the <E T="04">Federal Register</E> must be published at least 15 calendar days prior to an advisory committee meeting, which includes:</P>
                <P>(1) The name of the advisory committee (or subcommittee, if applicable);</P>
                <P>(2) The time, date, place, and purpose of the meeting;</P>
                <P>(3) A summary of the agenda, and/or topics to be discussed;</P>
                <P>(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</P>
                <P>(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.</P>

                <P>(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 <E T="04">Federal Register</E>.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.155</SECTNO>
                <SUBJECT>How are advisory committee meetings closed to the public?</SUBJECT>
                <P>To close all or part of an advisory committee meeting, the Designated Federal Officer (DFO) must:</P>
                <P>(a) <E T="03">Obtain prior approval.</E> 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 § 102-3.150.</P>
                <P>(b) <E T="03">Seek General Counsel review.</E> 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.</P>
                <P>(c) <E T="03">Obtain agency determination.</E> 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.</P>
                <P>(d) <E T="03">Assure public access to determination.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.160</SECTNO>
                <SUBJECT>What activities of an advisory committee are not subject to the notice and open meeting requirements of the Act?</SUBJECT>
                <P>The following activities of an advisory committee are excluded from the procedural requirements contained in this subpart:</P>
                <P>(a) <E T="03">Preparatory work.</E> Meetings of two or more advisory committee or subcommittee members convened solely to gather information, conduct research, <PRTPAGE P="30"/>or analyze relevant issues and facts in preparation for a meeting of the advisory committee, or to draft position papers for deliberation by the advisory committee; and</P>
                <P>(b) <E T="03">Administrative work.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.165</SECTNO>
                <SUBJECT>How are advisory committee meetings documented?</SUBJECT>
                <P>(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.</P>
                <P>(b) The minutes must include:</P>
                <P>(1) The time, date, and place of the advisory committee meeting;</P>
                <P>(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;</P>
                <P>(3) An accurate description of each matter discussed and the resolution, if any, made by the advisory committee regarding such matter; and</P>
                <P>(4) Copies of each report or other document received, issued, or approved by the advisory committee at the meeting.</P>
                <P>(c) The Designated Federal Officer (DFO) must ensure that minutes are certified within 90 calendar days of the meeting to which they relate.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.170</SECTNO>
                <SUBJECT>How does an interested party obtain access to advisory committee records?</SUBJECT>

                <P>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 <E T="03">reasonable expectation</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-3.175</SECTNO>
                <SUBJECT>What are the reporting and recordkeeping requirements for an advisory committee?</SUBJECT>
                <P>(a) <E T="03">Presidential advisory committee follow-up report.</E> Within one year after a Presidential advisory committee has submitted a public report to the President, a follow-up report required by section 6(b) of the Act must be prepared and transmitted to the Congress detailing the disposition of the advisory committee's recommendations. The Secretariat shall assure that these reports are prepared and transmitted to the Congress as directed by the President, either by the President's delegate, by the agency responsible for providing support to a Presidential advisory committee, or by the responsible agency or organization designated in the charter of the Presidential advisory committee pursuant to § 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.</P>
                <P>(b) <E T="03">Annual comprehensive review of Federal advisory committees.</E> 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 § 102-3.70, and which is in existence during any part of a Federal fiscal year. Committee Management Officers (CMOs), Designated Federal Officers <PRTPAGE P="31"/>(DFOs), and other responsible agency officials will provide this information by data filed electronically with GSA on a fiscal year basis, using a Governmentwide shared Internet-based system that GSA maintains. This information shall be consistent with specific guidance provided periodically by the Secretariat. The preparation of these electronic submissions by agencies has been assigned interagency report control number (IRCN) 0304-GSA-AN.</P>
                <P>(c) <E T="03">Annual report of closed or partially-closed meetings.</E> 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).</P>
                <P>(d) <E T="03">Advisory committee reports.</E> 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 § 102-3.70(a)(3).</P>
                <P>(e) <E T="03">Advisory committee records.</E> 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.</P>
              </SECTION>
              <APPENDIX>
                <EAR>Pt. 102-3, Subpt. D, App. A</EAR>
                <HD SOURCE="HED">Appendix A to Subpart D of Part 102-3—Key Points and Principles</HD>
                <P>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:</P>
                <GPOTABLE CDEF="xl60,xl40,xl90,r100" COLS="4" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Key points and principles</CHED>
                    <CHED H="1">Section(s)</CHED>
                    <CHED H="1">Question(s)</CHED>
                    <CHED H="1">Guidance</CHED>
                  </BOXHD>
                  <ROW RUL="s">
                    <ENT I="01">I. With some exceptions, advisory committee meetings are open to the public</ENT>
                    <ENT>102-3.140, 102-3.145(a), 102-3.155</ENT>
                    <ENT>1. Must all advisory committee and subcommittee meetings be open to the public?</ENT>
                    <ENT>A. No. Advisory committee meetings may be closed when 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.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <PRTPAGE P="32"/>
                    <ENT I="01">II. Notices must be published in the <E T="02">Federal Register</E> announcing advisory committee meetings</ENT>
                    <ENT>102-3.150</ENT>
                    <ENT>1. Can agencies publish a single <E T="02">Federal Register</E> notice announcing multiple advisory committee meetings?</ENT>
                    <ENT>A. Yes, agencies may publish a single notice announcing multiple meetings so long as these notices contain all of the information required by § 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.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <PRTPAGE P="33"/>
                    <ENT I="01">III. Although certain advisory committee records may be withheld under the Freedom of Information Act (FOIA), as amended, 5 U.S.C. 552, agencies may not require the use of FOIA procedures for records available under section 10(b) of FACA</ENT>
                    <ENT>102-3.170</ENT>
                    <ENT>1. May an agency require the use of its internal FOIA procedures for access to advisory committee records that are not exempt from release under FOIA?</ENT>
                    <ENT>A. No. Section 10(b) of FACA provides that: Subject to section 552 of title 5, United States Code, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist.(i) The purpose of section 10(b) of the Act is to provide for the contemporaneous availability of advisory committee records that, when taken in conjunction with the ability to attend advisory committee meetings, provide a meaningful opportunity to comprehend fully the work undertaken by the advisory committee. (ii) Although advisory committee records may be withheld under the provisions of FOIA if there is a reasonable expectation that the records sought fall within the exemptions contained in section 552(b) of FOIA, agencies may not require members of the public or other interested parties to file requests for non-exempt advisory committee records under the request and review process established by section 552(a)(3) of FOIA. (iii)Records covered by the exemptions set forth in section 552(b) of FOIA may be withheld. An opinion of the Office of Legal Counsel (OLC), U.S. Department of Justice concludes that: FACA requires disclosure of written advisory committee documents, including predecisional materials such as drafts, working papers, and studies. The disclosure exemption available to agencies under exemption 5 of FOIA for predecisional documents and other privileged materials is narrowly limited in the context of FACA to privileged “inter-agency or intra-agency” documents prepared by an agency and transmitted to an advisory committee. The language of the FACA statute and its legislative history support this restrictive application of exemption 5 to requests for public access to advisory committee documents. Moreover, since an advisory committee is not itself an agency, this construction is supported by the express language of exemption 5 which applies only to inter-agency or intra-agency materials. (iv)Agencies first should determine, however, whether or not records being sought by the public fall within the scope of FACA in general, and section 10(b) of the Act in particular, prior to applying the available exemptions under FOIA. (See OLC Opinion 12 Op. O.L.C. 73, dated April 29, 1988, which is available from the Committee Management Secretariat (MC), General Services Administration, 1800 F Street, NW., Washington, DC 20405-0002.)</ENT>
                  </ROW>
                  <ROW>
                    <PRTPAGE P="34"/>
                    <ENT I="01">IV. Advisory committee records must be managed 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 the Presidential Records Act (PRA), 44 U.S.C. Chapter 22</ENT>
                    <ENT>102-175(e)</ENT>
                    <ENT>1. How must advisory committee records be treated and preserved?</ENT>
                    <ENT>A. In order to ensure proper records management, the Committee Management Officer (CMO), Designated Federal Officer (DFO), or other representative of the advisory committee, in coordination with the agency's Records Management Officer, should clarify upon the establishment of the advisory committee whether its records will be managed in accordance with the FRA or the PRA.<LI>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.</LI>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22"/>
                    <ENT O="xl"/>
                    <ENT O="xl"/>
                    <ENT>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.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22"/>
                    <ENT O="xl"/>
                    <ENT O="xl"/>
                    <ENT>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.</ENT>
                  </ROW>
                </GPOTABLE>
              </APPENDIX>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">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?</HD>
              <SECTION>
                <SECTNO>§ 102-3.180</SECTNO>
                <SUBJECT>What does this subpart cover and how does it apply?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="35"/>
                <SECTNO>§ 102-3.185</SECTNO>
                <SUBJECT>What does this subpart require agencies to do?</SUBJECT>
                <P>(a) <E T="03">Section 15 requirements.</E> 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:</P>
                <P>(1) The committee was not subject to any actual management or control by an agency or officer of the Federal Government; and</P>
                <P>(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</P>
                <P>(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.</P>
                <P>(b) <E T="03">No agency management or control.</E> 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.</P>
                <P>(c) <E T="03">Funding agreements.</E> 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:</P>
                <P>(1) The academy has adopted policies and procedures that comply with the applicable requirements of section 15 of the Act; and</P>
                <P>(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.</P>
              </SECTION>
              <APPENDIX>
                <EAR>Pt. 102-3, Subpt. E, App. A</EAR>
                <HD SOURCE="HED">Appendix A to Subpart E of Part 102-3—Key Points and Principles</HD>
                <P>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:</P>
                <GPOTABLE CDEF="xl60,xl40,xl90,r100" COLS="4" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Key points and principles</CHED>
                    <CHED H="1">Section(s)</CHED>
                    <CHED H="1">Question(s)</CHED>
                    <CHED H="1">Guidance</CHED>
                  </BOXHD>
                  <ROW RUL="s">
                    <ENT I="01">I. Section 15 of the Act allows the National Academy of Sciences (NAS) and the National Academy of Public Administration (NAPA) to adopt separate procedures for complying with FACA</ENT>
                    <ENT>102-3.185(a)</ENT>
                    <ENT>1. May agencies rely upon an academy certification regarding compliance with section 15 of the Act if different policies and procedures are adopted by NAS and NAPA?</ENT>
                    <ENT>A. Yes. NAS and NAPA are completely separate organizations. Each is independently chartered by the Congress for different purposes, and Congress has recognized that the two organizations are structured and operate differently. Agencies should defer to the discretion of each academy to adopt policies and procedures that will enable it to comply substantially with the provisions of section 15 of the Act that apply to that academy.</ENT>
                  </ROW>
                  <ROW>
                    <PRTPAGE P="36"/>
                    <ENT I="01">II. Section 15 of the Act allows agencies to enter into funding agreements with NAS and NAPA without the academies' committees being “managed” or “controlled”</ENT>
                    <ENT>102-3.185(c)</ENT>
                    <ENT>1. Can an agency enter into a funding agreement with an academy which provides for the preparation of one or more academy reports containing advice or recommendations to the agency, to be developed by the academy by use of a committee created by the academy, without subjecting an academy to “actual management or control” by the agency?</ENT>
                    <ENT>A. Yes, if the members of the committee are selected by the academy and if the committee's meetings, deliberations, and the preparation of reports are all controlled by the academy. Under these circumstances, neither the existence of the funding agreement nor the fact that it contemplates use by the academy of an academy committee would constitute actual management or control of the committee by the agency.</ENT>
                  </ROW>
                </GPOTABLE>
              </APPENDIX>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PART 102-4—NONDISCRIMINATION IN FEDERAL FINANCIAL ASSISTANCE PROGRAMS [RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt. 102-5</EAR>
            <HD SOURCE="HED">PART 102-5—HOME-TO-WORK TRANSPORTATION</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—General</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-5.5</SECTNO>
                <SUBJECT>Preamble.</SUBJECT>
                <SECTNO>102-5.10</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <SECTNO>102-5.15</SECTNO>
                <SUBJECT>Who is covered by this part?</SUBJECT>
                <SECTNO>102-5.20</SECTNO>
                <SUBJECT>Who is not covered by this part?</SUBJECT>
                <SECTNO>102-5.25</SECTNO>
                <SUBJECT>What additional guidance concerning home-to-work transportation should Federal agencies issue?</SUBJECT>
                <SECTNO>102-5.30</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Authorizing Home-to-Work Transportation</HD>
                <SECTNO>102-5.35</SECTNO>
                <SUBJECT>Who is authorized home-to-work transportation?</SUBJECT>
                <SECTNO>102-5.40</SECTNO>
                <SUBJECT>May the agency head delegate the authority to make home-to-work determinations?</SUBJECT>
                <SECTNO>102-5.45</SECTNO>
                <SUBJECT>Should determinations be completed before an employee is provided with home-to-work transportation?</SUBJECT>
                <SECTNO>102-5.50</SECTNO>
                <SUBJECT>May determinations be made in advance for employees who respond to unusual circumstances when they arise?</SUBJECT>
                <SECTNO>102-5.55</SECTNO>
                <SUBJECT>How do we prepare determinations?</SUBJECT>
                <SECTNO>102-5.60</SECTNO>
                <SUBJECT>How long are initial determinations effective?</SUBJECT>
                <SECTNO>102-5.65</SECTNO>
                <SUBJECT>What procedures apply when the need for home-to-work transportation exceeds the initial period?</SUBJECT>
                <SECTNO>102-5.70</SECTNO>
                <SUBJECT>What considerations apply in making a determination to authorize home-to-work transportation for field work?</SUBJECT>
                <SECTNO>102-5.75</SECTNO>
                <SUBJECT>What circumstances do not establish a basis for authorizing home-to-work transportation for field work?</SUBJECT>
                <SECTNO>102-5.80</SECTNO>
                <SUBJECT>What are some examples of positions that may involve field work?</SUBJECT>
                <SECTNO>102-5.85</SECTNO>
                <SUBJECT>What information should our determination for field work include if positions are identified rather than named individuals?</SUBJECT>
                <SECTNO>102-5.90</SECTNO>
                <SUBJECT>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?</SUBJECT>
                <SECTNO>102-5.95</SECTNO>
                <SUBJECT>Is the comfort and/or convenience of an employee considered sufficient justification to authorize home-to-work transportation?</SUBJECT>
                <SECTNO>102-5.100</SECTNO>
                <SUBJECT>May we use home-to-work transportation for other than official purposes?</SUBJECT>
                <SECTNO>102-5.105</SECTNO>
                <SUBJECT>May others accompany an employee using home-to-work transportation?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Documenting and Reporting Determinations</HD>
                <SECTNO>102-5.110</SECTNO>
                <SUBJECT>Must we report our determinations outside of our agency?</SUBJECT>
                <SECTNO>102-5.115</SECTNO>
                <SUBJECT> When must we report our determinations?</SUBJECT>
                <SECTNO>102-5.120</SECTNO>
                <SUBJECT> What are our responsibilities for documenting use of home-to-work transportation?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); 31U.S.C. 1344(e)(1).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>65 FR 54966, Sept. 12, 2000, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General</HD>
              <SECTION>
                <SECTNO>§ 102-5.5</SECTNO>
                <SUBJECT>Preamble.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="37"/>
                <SECTNO>§ 102-5.10</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <P>This part covers the use of Government passenger carriers to transport employees between their homes and places of work.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.15</SECTNO>
                <SUBJECT>Who is covered by this part?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.20</SECTNO>
                <SUBJECT>Who is not covered by this part?</SUBJECT>
                <P>This part does not cover:</P>
                <P>(a) Employees who are on official travel (TDY); or</P>
                <P>(b) Employees who are on permanent change of station (PCS) travel; or</P>
                <P>(c) Employees who are essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or criminal law enforcement duties when designated in writing as such by their agency head.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.25</SECTNO>
                <SUBJECT>What additional guidance concerning home-to-work transportation should Federal agencies issue?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.30</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
                <P>The following definitions apply to this part:</P>
                <P>
                  <E T="03">Agency head</E> means the highest official of a Federal agency.</P>
                <P>
                  <E T="03">Clear and present danger</E> means highly unusual circumstances that present a threat to the physical safety of the employee or their property when the danger is:</P>
                <P>(1) Real; and</P>
                <P>(2) Immediate or imminent, not merely potential; and</P>
                <P>(3) The use of a Government passenger carrier would provide protection not otherwise available.</P>
                <P>
                  <E T="03">Compelling operational considerations</E> 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.</P>
                <P>
                  <E T="03">Emergency</E> 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.)</P>
                <P>
                  <E T="03">Employee</E> means a Federal officer or employee of a Federal agency, including an officer or enlisted member of the ArmedForces.</P>
                <P>
                  <E T="03">Federal agency</E> means:</P>
                <P>(1) A department (as defined in section 18 of the Act of August 2, 1946 (41 U.S.C. 5a));</P>
                <P>(2) An executive department (as defined in 5 U.S.C. 101);</P>
                <P>(3) A military department (as defined in 5 U.S.C. 102);</P>
                <P>(4) A Government corporation (as defined in 5 U.S.C. 103(1));</P>
                <P>(5) A Government controlled corporation (as defined in 5U.S.C. 103(2));</P>
                <P>(6) A mixed-ownership Government corporation (as defined in 31U.S.C. 9101(2));</P>
                <P>(7) Any establishment in the executive branch of the Government (including the Executive Office of the President);</P>
                <P>(8) Any independent regulatory agency (including an independent regulatory agency specified in 44 U.S.C. 3502(10));</P>
                <P>(9) The Smithsonian Institution;</P>
                <P>(10) Any nonappropriated fund instrumentality of the UnitedStates; and</P>
                <P>(11) The United States Postal Service.</P>
                <P>
                  <E T="03">Field work</E> means official work requiring the employee's presence at various locations other than his/her regular place of work. (Multiple stops <PRTPAGE P="38"/>(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.)</P>
                <P>
                  <E T="03">Home</E> means the primary place where an employee resides and from which the employee commutes to his/her place of work.</P>
                <P>
                  <E T="03">Home-to-work transportation</E> means the use of a Government passenger carrier to transport an employee between his/her home and place of work.</P>
                <P>
                  <E T="03">Passenger carrier</E> 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.</P>
                <P>
                  <E T="03">Work</E> 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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Authorizing Home-to-Work Transportation</HD>
              <SECTION>
                <SECTNO>§ 102-5.35</SECTNO>
                <SUBJECT>Who is authorized home-to-work transportation?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.40</SECTNO>
                <SUBJECT>May the agency head delegate the authority to make home-to-work determinations?</SUBJECT>
                <P>No, the agency head may not delegate the authority to make home-to-work determinations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.45</SECTNO>
                <SUBJECT>Should determinations be completed before an employee is provided with home-to-work transportation?</SUBJECT>
                <P>Yes, determinations should be completed before an employee is provided with home-to-work transportation unless it is impracticable to do so.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.50</SECTNO>
                <SUBJECT>May determinations be made in advance for employees who respond to unusual circumstances when they arise?</SUBJECT>
                <P>Yes, determinations may be made in advance when the Federal agency wants to have employees ready to respond to:</P>
                <P>(a) A clear and present danger;</P>
                <P>(b) An emergency; or</P>
                <P>(c) A compelling operational consideration.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-5.50:</HD>
                  <P>Implementation of these determinations is contingent upon one of the three circumstances occurring. Thus, these may be referred to as “contingency determinations.”</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.55</SECTNO>
                <SUBJECT>How do we prepare determinations?</SUBJECT>
                <P>Determinations must be in writing and include the:</P>
                <P>(a) Name and title of the employee (or other identification, if confidential);</P>
                <P>(b) Reason for authorizing home-to-work transportation; and</P>
                <P>(c) Anticipated duration of the authorization.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.60</SECTNO>
                <SUBJECT>How long are initial determinations effective?</SUBJECT>
                <P>Initial determinations are effective for no longer than:</P>
                <P>(a) Two years for field work, updated as necessary; and</P>
                <P>(b) Fifteen days for other circumstances.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.65</SECTNO>
                <SUBJECT>What procedures apply when the need for home-to-work transportation exceeds the initial period?</SUBJECT>
                <P>The agency head may approve unlimited subsequent determinations, when the need for home-to-work transportation exceeds the initial period, for no longer than:</P>

                <P>(a) Two years each for field work, updated as necessary; and<PRTPAGE P="39"/>
                </P>
                <P>(b) Ninety calendar days each for other circumstances.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.70</SECTNO>
                <SUBJECT>What considerations apply in making a determination to authorize home-to-work transportation for field work?</SUBJECT>
                <P>Agencies should consider the following when making a determination to authorize home-to-work transportation for field work:</P>
                <P>(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</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.75</SECTNO>
                <SUBJECT>What circumstances do not establish a basis for authorizing home-to-work transportation for field work?</SUBJECT>
                <P>The following circumstances do not establish a basis for authorizing home-to-work transportation for field work:</P>
                <P>(a) When an employee assigned to field work is not actually performing field work.</P>
                <P>(b) When the employee's workday begins at his/her work; or</P>

                <P>(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).
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-5.75:</HD>
                  <P>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.</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.80</SECTNO>
                <SUBJECT>What are some examples of positions that may involve field work?</SUBJECT>
                <P>Examples of positions that may involve field work include, but are not limited to:</P>
                <P>(a) Quality assurance inspectors;</P>
                <P>(b) Construction inspectors;</P>
                <P>(c) Dairy inspectors;</P>
                <P>(d) Mine inspectors;</P>
                <P>(e) Meat inspectors; and</P>
                <P>(f) Medical officers on outpatient service.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-5.80:</HD>
                  <P>The assignment of an employee to such a position does not, of itself, entitle an employee to receive daily home-to-work transportation.</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.85</SECTNO>
                <SUBJECT>What information should our determination for field work include if positions are identified rather than named individuals?</SUBJECT>

                <P>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).
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-5.85:</HD>
                  <P>An agency head may elect to designate positions rather than individual names, especially in positions where rapid turnover occurs.</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.90</SECTNO>
                <SUBJECT>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?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.95</SECTNO>
                <SUBJECT>Is the comfort and/or convenience of an employee considered sufficient justification to authorize home-to-work transportation?</SUBJECT>
                <P>No, the comfort and/or convenience of an employee is not considered sufficient justification to authorize home-to-work transportation.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="40"/>
                <SECTNO>§ 102-5.100</SECTNO>
                <SUBJECT>May we use home-to-work transportation for other than official purposes?</SUBJECT>
                <P>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 31U.S.C. note), you may use the vehicle in accordance with those rules in connection with an existing home-to-work authorization.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.105</SECTNO>
                <SUBJECT>May others accompany an employee using home-to-work transportation?</SUBJECT>
                <P>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 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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Documenting and Reporting Determinations</HD>
              <SECTION>
                <SECTNO>§ 102-5.110</SECTNO>
                <SUBJECT>Must we report our determinations outside of our agency?</SUBJECT>
                <P>Yes, you must submit your determinations to the followingCongressional Committees:</P>
                <P>(a) Chairman, Committee on Governmental Affairs, United StatesSenate, Suite SD-340, Dirksen Senate Office Building, Washington,DC 20510-6250; and</P>
                <P>(b) Chairman, Committee on Governmental Reform, UnitedStates House of Representatives, Suite 2157, Rayburn House OfficeBuilding, Washington, DC 20515-6143.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.115</SECTNO>
                <SUBJECT>When must we report our determinations?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.120</SECTNO>
                <SUBJECT>What are our responsibilities for documenting use of home-to-work transportation?</SUBJECT>
                <P>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:</P>
                <P>(a) Name and title of employee (or other identification, if confidential) using the passenger carrier;</P>
                <P>(b) Name and title of person authorizing use;</P>
                <P>(c) Passenger carrier identification;</P>
                <P>(d) Date(s) home-to-work transportation is authorized;</P>
                <P>(e) Location of residence;</P>
                <P>(f) Duration; and</P>
                <P>(g) Circumstances requiring home-to-work transportation.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PARTS 102-6—102-30 [RESERVED]</RESERVED>
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="P">
          <PRTPAGE P="41"/>
          <HD SOURCE="HED">SUBCHAPTER B—PERSONAL PROPERTY</HD>
          <PART>
            <RESERVED>PART 102-31—GENERAL [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-32—MANAGEMENT OF PERSONAL PROPERTY [RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt. 102-33</EAR>
            <HD SOURCE="HED">PART 102-33—MANAGEMENT OF GOVERNMENT AIRCRAFT</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—How These Rules Apply</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">General</HD>
                  <SECHD>Sec.</SECHD>
                  <SECTNO>102-33.5</SECTNO>
                  <SUBJECT>To whom do these rules apply?</SUBJECT>
                  <SECTNO>102-33.10</SECTNO>
                  <SUBJECT>May we request approval to deviate from these rules?</SUBJECT>
                  <SECTNO>102-33.15</SECTNO>
                  <SUBJECT>How does this part relate to the Federal Aviation Regulations?</SUBJECT>
                  <SECTNO>102-33.20</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Responsibilities</HD>
                  <SECTNO>102-33.25</SECTNO>
                  <SUBJECT>What are our responsibilities under this part?</SUBJECT>
                  <SECTNO>102-33.30</SECTNO>
                  <SUBJECT>What are the duties of an agency's Senior Aviation Management Official (SAMO)?</SUBJECT>
                  <SECTNO>102-33.35</SECTNO>
                  <SUBJECT>How can we get help in carrying out our responsibilities?</SUBJECT>
                  <SECTNO>102-33.40</SECTNO>
                  <SUBJECT>What are GSA's responsibilities for Federal aviation management?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Acquiring Government Aircraft and Aircraft Parts</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Overview</HD>
                  <SECTNO>102-33.45</SECTNO>
                  <SUBJECT>What is a Government aircraft?</SUBJECT>
                  <SECTNO>102-33.50</SECTNO>
                  <SUBJECT>Under what circumstances may we acquire Government aircraft?</SUBJECT>
                  <SECTNO>102-33.55</SECTNO>
                  <SUBJECT>Are there restrictions on acquiring Government aircraft?</SUBJECT>
                  <SECTNO>102-33.60</SECTNO>
                  <SUBJECT>What methods may we use to acquire Government aircraft?</SUBJECT>
                  <SECTNO>102-33.65</SECTNO>
                  <SUBJECT>What is the process for acquiring Government aircraft?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Planning to Acquire Government Aircraft</HD>
                  <SECTNO>102-33.70</SECTNO>
                  <SUBJECT>What directives must we follow when planning to acquire Government aircraft?</SUBJECT>
                  <SECTNO>102-33.75</SECTNO>
                  <SUBJECT>What other guidance is available to us in planning to acquire Government aircraft?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">OMB Circular A-76</HD>
                  <SECTNO>102-33.80</SECTNO>
                  <SUBJECT>Must we comply with OMB Circular A-76 before we acquire Government aircraft?</SUBJECT>
                  <SECTNO>102-33.85</SECTNO>
                  <SUBJECT>Where should we send our OMB Circular A-76 Cost-Comparison Studies?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">The Process for Budgeting to Acquire Government Aircraft</HD>
                  <SECTNO>102-33.90</SECTNO>
                  <SUBJECT>What is the process for budgeting to acquire a Federal aircraft (including a Federal aircraft transferred from another executive agency)?</SUBJECT>
                  <SECTNO>102-33.95</SECTNO>
                  <SUBJECT>What is the process for budgeting to acquire commercial aviation services (CAS)?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Contracting to Acquire Government Aircraft</HD>
                  <SECTNO>102-33.100</SECTNO>
                  <SUBJECT>What are our responsibilities when contracting to purchase or lease-purchase a Federal aircraft or to award a CAS contract?</SUBJECT>
                  <SECTNO>102-33.105</SECTNO>
                  <SUBJECT>What special requirements must we put into our CAS contracts?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Acquiring Aircraft Parts</HD>
                  <SECTNO>102-33.110</SECTNO>
                  <SUBJECT>What are our responsibilities when acquiring aircraft parts?</SUBJECT>
                  <SECTNO>102-33.115</SECTNO>
                  <SUBJECT>Are there special requirements for acquiring military Flight Safety Critical Aircraft Parts (FSCAP)?</SUBJECT>
                  <SECTNO>102-33.120</SECTNO>
                  <SUBJECT>Are there special requirements for acquiring life-limited parts?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Managing Government Aircraft and Aircraft Parts</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Overview</HD>
                  <SECTNO>102-33.125</SECTNO>
                  <SUBJECT>If we use Federal aircraft, what are our management responsibilities?</SUBJECT>
                  <SECTNO>102-33.130</SECTNO>
                  <SUBJECT>If we hire CAS, what are our management responsibilities?</SUBJECT>
                  <SECTNO>102-33.135</SECTNO>
                  <SUBJECT>Do we have to follow the direction in OMB Circular A-123, “Management Accountability and Control,” June 21, 1995, for establishing management controls for our aviation program?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Establishing Flight Program Standards</HD>
                  <SECTNO>102-33.140</SECTNO>
                  <SUBJECT>What are Flight Program Standards?</SUBJECT>
                  <SECTNO>102-33.145</SECTNO>
                  <SUBJECT>Why must we establish Flight Program Standards?</SUBJECT>
                  <SECTNO>102-33.150</SECTNO>
                  <SUBJECT>Is any agency exempt from establishing Flight Program Standards under this part?</SUBJECT>
                  <SECTNO>102-33.155</SECTNO>
                  <SUBJECT>How must we establish Flight Program Standards?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Management/Administration</HD>
                  <SECTNO>102-33.160</SECTNO>
                  <SUBJECT>What standards must we establish or require (contractually, where applicable) for management/administration of our flight program?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <PRTPAGE P="42"/>
                  <HD SOURCE="HED">Operations</HD>
                  <SECTNO>102-33.165</SECTNO>
                  <SUBJECT>What standards must we establish or require (contractually, where applicable) for operation of our flight program?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Maintenance</HD>
                  <SECTNO>102-33.170</SECTNO>
                  <SUBJECT>What standards must we establish or require (contractually, where applicable) for maintenance of our Government aircraft?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Training</HD>
                  <SECTNO>102-33.175</SECTNO>
                  <SUBJECT>What standards must we establish or require (contractually, where applicable) to train our flight program personnel?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Safety</HD>
                  <SECTNO>102-33.180</SECTNO>
                  <SUBJECT>What standards must we establish or require (contractually, where applicable) for flight program safety?</SUBJECT>
                  <SECTNO>102-33.185</SECTNO>
                  <SUBJECT>What standards must we establish or require (contractually, where applicable) for responding to aircraft accidents and incidents?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Accounting for the Cost of Government Aircraft</HD>
                  <SECTNO>102-33.190</SECTNO>
                  <SUBJECT>What are the aircraft operations and ownership costs for which we must account?</SUBJECT>
                  <SECTNO>102-33.195</SECTNO>
                  <SUBJECT>Do we need an automated system to account for aircraft costs?</SUBJECT>
                  <SECTNO>102-33.200</SECTNO>
                  <SUBJECT>Must we periodically justify owning and operating Federal aircraft?</SUBJECT>
                  <SECTNO>102-33.205</SECTNO>
                  <SUBJECT>When we use our aircraft to support other executive agencies, must we recover the operating costs?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Accounting for the Use of Government Aircraft</HD>
                  <SECTNO>102-33.210</SECTNO>
                  <SUBJECT>How do we account for the use of our Government aircraft?</SUBJECT>
                  <SECTNO>102-33.215</SECTNO>
                  <SUBJECT>May we use Government aircraft to carry passengers?</SUBJECT>
                  <SECTNO>102-33.220</SECTNO>
                  <SUBJECT>What are the responsibilities of an agency's aviation program in justifying the use of a Government aircraft to transport passengers?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Managing Aircraft Parts</HD>
                  <SECTNO>102-33.225</SECTNO>
                  <SUBJECT>How must we manage aircraft parts?</SUBJECT>
                  <SECTNO>102-33.230</SECTNO>
                  <SUBJECT>May we use military FSCAP on non-military FAA-type certificated Government aircraft?</SUBJECT>
                  <SECTNO>102-33.235</SECTNO>
                  <SUBJECT>What documentation must we maintain for life-limited parts and FSCAP?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Disposing of Government Aircraft and Aircraft Parts</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Overview</HD>
                  <SECTNO>102-33.240</SECTNO>
                  <SUBJECT>What must we consider before disposing of aircraft and aircraft parts?</SUBJECT>
                  <SECTNO>102-33.245</SECTNO>
                  <SUBJECT>May we report as excess, or replace (<E T="03">i.e.,</E> by exchange/sale), both operational and non-operational aircraft?</SUBJECT>
                  <SECTNO>102-33.250</SECTNO>
                  <SUBJECT>May we report as excess, or replace, declassified aircraft?</SUBJECT>
                  <SECTNO>102-33.255</SECTNO>
                  <SUBJECT>Must we document FSCAP or life-limited parts installed on aircraft that we will report as excess or replace?</SUBJECT>
                  <SECTNO>102-33.260</SECTNO>
                  <SUBJECT>When we report as excess, or replace, an aircraft (including a declassified aircraft), must we report the change in inventory to the Federal Aviation Interactive Reporting System (FAIRS)?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Reporting Excess Government Aircraft</HD>
                  <SECTNO>102-33.265</SECTNO>
                  <SUBJECT>What are our options if aircraft are excess to our needs?</SUBJECT>
                  <SECTNO>102-33.270</SECTNO>
                  <SUBJECT>What is the process for reporting an excess aircraft?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Replacing Aircraft Through Exchange or Sale</HD>
                  <SECTNO>102-33.275</SECTNO>
                  <SUBJECT>Are there restrictions on replacing aircraft by exchange or sale?</SUBJECT>
                  <SECTNO>102-33.280</SECTNO>
                  <SUBJECT>What are our options if we need a replacement aircraft?</SUBJECT>
                  <SECTNO>102-33.285</SECTNO>

                  <SUBJECT>Do we need to include any special disclaimers in our exchange/sale agreements for uncertificated aircraft or aircraft that we have operated as public aircraft (<E T="03">i.e.,</E> not in compliance with the Federal Aviation Regulations, 14 CFR chapter I)?</SUBJECT>
                  <SECTNO>102-33.290</SECTNO>
                  <SUBJECT>What other disclaimers must we include in our exchange/sale agreements for aircraft?</SUBJECT>
                  <SECTNO>102-33.295</SECTNO>
                  <SUBJECT>May we exchange or sell an aircraft through reimbursable transfer to another executive agency?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Disposing of Aircraft Parts</HD>
                  <SECTNO>102-33.300</SECTNO>
                  <SUBJECT>What must we consider before disposing of aircraft parts?</SUBJECT>
                  <SECTNO>102-33.305</SECTNO>
                  <SUBJECT>May we report as excess, or replace, FSCAP and life-limited parts?</SUBJECT>
                  <SECTNO>102-33.310</SECTNO>
                  <SUBJECT>May we report as excess, or replace, unsalvageable aircraft parts?</SUBJECT>
                  <SECTNO>102-33.315</SECTNO>
                  <SUBJECT> What are the procedures for mutilating unsalvageable aircraft parts?</SUBJECT>
                  <SECTNO>102-33.320</SECTNO>
                  <SUBJECT>What must we do if we are unable to perform required mutilation of aircraft parts?</SUBJECT>
                  <SECTNO>102-33.325</SECTNO>
                  <SUBJECT>What documentation must we furnish with excess/surplus or replaced parts when they are transferred, donated, exchanged, or sold?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <PRTPAGE P="43"/>
                  <HD SOURCE="HED">Reporting Excess Aircraft Parts</HD>
                  <SECTNO>102-33.330</SECTNO>
                  <SUBJECT>What must we do with aircraft parts that are excess to our needs?</SUBJECT>
                  <SECTNO>102-33.335</SECTNO>
                  <SUBJECT>What are the receiving agency's responsibilities in the transfer or donation of aircraft parts?</SUBJECT>
                  <SECTNO>102-33.340</SECTNO>
                  <SUBJECT>What are GSA's responsibilities in disposing of excess and surplus aircraft parts?</SUBJECT>
                  <SECTNO>102-33.345</SECTNO>
                  <SUBJECT>What are a State agency's responsibilities in the donation of Federal Government aircraft parts?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Replacing Aircraft Parts Through Exchange or Sale</HD>
                  <SECTNO>102-33.350</SECTNO>
                  <SUBJECT>Do we need approval from GSA to replace aircraft parts by exchange or sale?</SUBJECT>
                  <SECTNO>102-33.355</SECTNO>
                  <SUBJECT>May we do a reimbursable transfer of parts with another executive agency?</SUBJECT>
                  <SECTNO>102-33.360</SECTNO>
                  <SUBJECT>What is the process for selling or exchanging aircraft parts for replacement?</SUBJECT>
                  <SECTNO>102-33.365</SECTNO>
                  <SUBJECT>Must we report exchange or sale of parts to FAIRS?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Special Requirements for Disposing of Flight Safety Critical Aircraft Parts (FSCAP) and Life-Limited Parts</HD>
                  <SECTNO>102-33.370</SECTNO>
                  <SUBJECT>What must we do to dispose of military FSCAP or life-limited parts?</SUBJECT>
                  <SECTNO>102-33.375</SECTNO>
                  <SUBJECT>What is a FSCAP Criticality Code?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Reporting Information on Government Aircraft</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Overview</HD>
                  <SECTNO>102-33.380</SECTNO>
                  <SUBJECT>Who must report information to GSA on Government aircraft?</SUBJECT>
                  <SECTNO>102-33.385</SECTNO>
                  <SUBJECT>Is any civilian executive agency exempt from the requirement to report information to GSA on Government aircraft?</SUBJECT>
                  <SECTNO>102-33.390</SECTNO>
                  <SUBJECT>What information must we report on Government aircraft?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Federal Aviation Interactive Reporting System (FAIRS)</HD>
                  <SECTNO>102-33.395</SECTNO>
                  <SUBJECT>What is FAIRS?</SUBJECT>
                  <SECTNO>102-33.400</SECTNO>
                  <SUBJECT>How must we report to FAIRS?</SUBJECT>
                  <SECTNO>102-33.405</SECTNO>
                  <SUBJECT>When must we report to FAIRS?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Federal Inventory Data</HD>
                  <SECTNO>102-33.410</SECTNO>
                  <SUBJECT>What are Federal inventory data?</SUBJECT>
                  <SECTNO>102-33.415</SECTNO>
                  <SUBJECT>When may we declassify an aircraft and remove it from our Federal aircraft inventory?</SUBJECT>
                  <SECTNO>102-33.420</SECTNO>
                  <SUBJECT>How must we declassify an aircraft?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Federal Aircraft Cost and Utilization Data</HD>
                  <SECTNO>102-33.425</SECTNO>
                  <SUBJECT>What Federal aircraft cost and utilization data must we report?</SUBJECT>
                  <SECTNO>102-33.430</SECTNO>
                  <SUBJECT>Who must report Federal aircraft cost and utilization data?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Commercial Aviation Services (CAS) Cost and Utilization Data</HD>
                  <SECTNO>102-33.435</SECTNO>
                  <SUBJECT>What CAS cost and utilization data must we report?</SUBJECT>
                  <SECTNO>102-33.440</SECTNO>
                  <SUBJECT>Who must report CAS cost and utilization data?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Accident and Incident Data</HD>
                  <SECTNO>102-33.445</SECTNO>
                  <SUBJECT>What accident and incident data must we report?</SUBJECT>
                  <SECTNO>102-33.450</SECTNO>
                  <SUBJECT>How must we report accident and incident data?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Common Aviation Management Information Standard (C-AMIS)</HD>
                  <SECTNO>102-33.455</SECTNO>
                  <SUBJECT>What is C-AMIS?</SUBJECT>
                  <SECTNO>102-33.460</SECTNO>
                  <SUBJECT>What is our responsibility in relation to C-AMIS?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 121(c); 31 U.S.C. 101 <E T="03">et seq.</E>; Reorganization Plan No. 2 of 1970, 35 FR 7959, 3 CFR, 1066-1970 Comp., p. 1070; Executive Order 11541, 35 FR 10737, 3 CFR, 1966-1970 Comp., p. 939; and OMB Circular No. A-126 (Revised May 22, 1992), 57 FR 22150.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>67 FR 67743, Nov. 6, 2002, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—How These Rules Apply</HD>
              <SUBJGRP>
                <HD SOURCE="HED">General</HD>
                <SECTION>
                  <SECTNO>§ 102-33.5</SECTNO>
                  <SUBJECT>To whom do these rules apply?</SUBJECT>
                  <P>The rules in this part apply to all federally funded aviation activities of executive agencies of the U.S. Government, except those listed in paragraphs (a), (b), (c), and (d) of this section, who use Government aircraft to accomplish their official business.</P>
                  <P>(a) The Armed Forces are exempt from all but—</P>
                  <P>(1) Section 102-33.25(e) and (g), which concern responsibilities related to the Interagency Committee for Aviation Policy (ICAP); and</P>
                  <P>(2) Subpart D of this part.</P>
                  <P>(b) The President or Vice President and their offices are exempt.</P>

                  <P>(c) When an executive agency provides Government-furnished avionics for commercially owned or privately <PRTPAGE P="44"/>owned aircraft for the purpose of technology demonstration or testing, those aircraft are exempt.</P>
                  <P>(d) Privately owned aircraft that agency personnel use for official travel (even though such use is federally funded) are exempt.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.10</SECTNO>
                  <SUBJECT>May we request approval to deviate from these rules?</SUBJECT>
                  <P>Yes, see §§ 102-2.60 through 102-2.110 of subchapter A of this chapter for guidance on requesting a deviation from the requirements in this part. GSA may not grant deviations from the requirements in OMB Circular A-126, “Improving the Management of Government Aircraft,” revised May 22, 1992. You should consult with GSA's Aircraft Management Policy Division (MTA) before you request a deviation. Also, you should fax a copy of your letter of request to MTA at 202-501-6742 at the same time you mail it to GSA's Regulatory Secretariat (see § 102-2.90 of subchapter A of this chapter). In most cases, GSA will respond to your written request within 30 days.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.15</SECTNO>
                  <SUBJECT>How does this part relate to the Federal Aviation Regulations?</SUBJECT>
                  <P>This part does not supersede any of the regulations in 14 CFR chapter I (Federal Aviation Regulations).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.20</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                  <P>The following definitions apply to this part:</P>
                  <P>
                    <E T="03">Acquisition date</E> means the date that the acquiring executive agency took responsibility for the aircraft, <E T="03">e.g.,</E> received title (through purchase, exchange, or gift), signed a bailment agreement with the Department of Defense (DOD), took physical custody (in the case of reassignment or interagency transfer), received a court order (in the case of forfeiture), put into operational status an aircraft that is newly manufactured by the agency, or otherwise accepted physical transfer (for example, in the case of a borrowed aircraft).</P>
                  <P>
                    <E T="03">Aircraft Management Policy Division (MTA)</E> is a division in the Office of Transportation and Personal Property, Office of Governmentwide Policy, GSA. Contact MTA staff at 1800 F Street, NW., Washington, DC 20405, Room 1221; (202) 501-4866; fax (202) 501-6742; Web site at <E T="03">http://www.gsa.gov/aircraftpolicy.</E>
                  </P>
                  <P>
                    <E T="03">Aircraft part</E> means an individual component or an assembly of components that is primarily designated for and used on aircraft.</P>
                  <P>
                    <E T="03">Armed Forces</E> means the Army, Navy, Air Force, Marine Corps, and Coast Guard, including their regular and Reserve components and members serving without component status. For purposes of this part, the National Guard is also included in the Armed Forces.</P>
                  <P>
                    <E T="03">Aviation life support equipment (ALSE)</E> means equipment that protects flight crewmembers and others aboard an aircraft, assisting their safe escape, survival, and recovery during an accident or other emergency.</P>
                  <P>
                    <E T="03">Bailed aircraft</E> means a Federal aircraft that is owned by one executive agency, but is in the custody of and operated by another executive agency under an agreement that may or may not include cost-reimbursement. Bailments are executive agency-to-executive agency agreements and involve only aircraft, not services.</P>
                  <P>
                    <E T="03">Borrowed aircraft</E> means an aircraft owned by a non-executive agency and provided to an executive agency for use without compensation. The executive agency operates and maintains the aircraft.</P>
                  <P>
                    <E T="03">Chartered aircraft</E> means an aircraft that an executive agency hires commercially under a contractual agreement specifying performance and one-time exclusive use. The commercial source operates and maintains a charter aircraft. A charter is one form of a full service contract.</P>
                  <P>
                    <E T="03">Commercial aviation services (CAS)</E> include—</P>
                  <P>(1) Leasing aircraft for exclusive use or lease-purchasing an aircraft with the intent of taking title;</P>
                  <P>(2) Chartering or renting aircraft for exclusive use;</P>
                  <P>(3) Contracting for full services (<E T="03">i.e.,</E> aircraft and related aviation services for exclusive use) or obtaining full services through an inter-service support agreement (ISSA); or</P>
                  <P>(4) Obtaining related aviation services (<E T="03">i.e.,</E> services but not aircraft) by commercial contract or ISSA, except <PRTPAGE P="45"/>those services acquired to support a Federal aircraft.</P>
                  <P>
                    <E T="03">Crewmember</E> means a person assigned to operate or assist in operating an aircraft during flight time. Crewmembers perform duties directly related to the operation of the aircraft (<E T="03">e.g.,</E> as pilots, co-pilots, flight engineers, navigators) or duties assisting in operation of the aircraft (<E T="03">e.g.,</E> as flight directors, crew chiefs, electronics technicians, mechanics). For related terms, see <E T="03">Qualified non-crewmember</E> and <E T="03">Passenger</E> elsewhere in this section.</P>
                  <P>
                    <E T="03">Criticality code</E> means a single digit code that DOD assigns to military FlightSafety Critical Aircraft Parts (FSCAP) (see § 102-33.370).</P>
                  <P>
                    <E T="03">Data plate</E> means a fireproof plate that is inscribed with certain information required by the Federal Aviation Regulations (14 CFR part 45) and secured to an aircraft, aircraft engine, propeller, or propeller blade. The information must be marked by etching, stamping, engraving, or other approved method of fireproof marking. The plate must be attached in such a manner that it is not likely to be defaced or removed during normal service or lost or destroyed in an accident. Data plates are required only on certificated aircraft; however, uncertificated aircraft may also have data plates.</P>
                  <P>
                    <E T="03">Declassify</E> means to remove a non-operational aircraft from the Federal aircraft inventory. Agencies may declassify only non-operational aircraft that they will retain for ground use only. Agencies must declassify an aircraft following the rules in §§ 102-33.415 and 102-33.420.</P>
                  <P>
                    <E T="03">Disposal date</E> means the date that the disposing executive agency relinquishes responsibility for an aircraft, for example, when the agency transfers title in the case of a sale or exchange; returns the aircraft to the lessor or bailer; declassifies it (for FAIRS, declassification is considered a “disposal” action, even though the agency retains the property); or relinquishes custody to another agency (<E T="03">i.e.,</E> in the case of excess(transferred) or surplus (donated or sold) aircraft).</P>
                  <P>
                    <E T="03">Donated aircraft</E> means an aircraft disposed of as surplus by GSA through donation to a non-federal government, a tax-exempt nonprofit entity, or other eligible recipient, following the rules in part 102-37 of this subchapter. (Some agencies, for example DOD, may have independent donation authority.)</P>
                  <P>
                    <E T="03">Exclusive use</E> means a condition under which—</P>
                  <P>(1) An aircraft is operated for the sole benefit of the U.S. Government; and</P>
                  <P>(2) The executive agency using the aircraft has operational control of the aircraft and the authority to define departure times, origins and destinations of flights, and payloads, passengers, and cargo.</P>
                  <P>
                    <E T="03">Executive agency</E> means any executive department or independent establishment in the executive branch of the United States Government, including any wholly owned Government corporation. See 40 U.S.C. 472(a).</P>
                  <P>
                    <E T="03">Federal Acquisition Regulation (48 CFR chapter 1, parts 1 through 53)</E> is a codified regulation of the U.S. Government that provides uniform policies and procedures for acquisition of personal property and services by executive agencies.</P>
                  <P>
                    <E T="03">Federal aircraft</E> means an aircraft that an executive agency owns (<E T="03">i.e.,</E> holds title to) or borrows for any length of time. When an executive agency loans or bails an aircraft that meets the criteria for Federal aircraft, that loaned or bailed aircraft is still considered a Federal aircraft in the owning agency's inventory except when DOD is the owning agency of a bailed aircraft. In that case, the aircraft is recorded in the inventory of the bailee.</P>
                  <P>
                    <E T="03">Federal Aviation Interactive Reporting System (FAIRS).</E> (See §§ 102-33.395 through 102-33.440.)</P>
                  <P>
                    <E T="03">Federal Aviation Regulation (14 CFR chapter I)</E> is a codified publication of the U.S. Government that describes uniform policies and procedures for regulating aviation within the national airspace system.</P>
                  <P>
                    <E T="03">Federal Supply Service (FSS)</E> is a component of GSA. FSS is organized by geographical regions. The FSS Property Management Division in GSA's Region 9, 450 Golden Gate Ave., 9FBP, San Francisco, CA 94102-3434, (415) 522-3029, has responsibility for disposing of excess and surplus aircraft.</P>
                  <P>
                    <E T="03">Federal Travel Regulation (FTR) (41 CFR chapters 300-304)</E> is a codified publication of the U.S. Government that <PRTPAGE P="46"/>describes uniform policies and procedures for managing travel of the executive agencies.</P>
                  <P>
                    <E T="03">Flight Safety Critical Aircraft Part (FSCAP)</E> means any military aircraft part, assembly, or installation containing a critical characteristic whose failure, malfunction, or absence could cause a catastrophic failure resulting in loss or serious damage to the aircraft or an uncommanded engine shut-down resulting in an unsafe condition.</P>
                  <P>
                    <E T="03">Forfeited aircraft</E> means an aircraft acquired by the Government either by summary process or by order of a court of competent jurisdiction pursuant to any law of the United States.</P>
                  <P>
                    <E T="03">Full service contract</E> means a contractual agreement through which an executive agency acquires an aircraft and related aviation services (for example, pilot, crew, maintenance, catering) for exclusive use. Aircraft hired under full service contracts are commercial aviation services (CAS), not Federal aircraft, regardless of the length of the contract.</P>
                  <P>
                    <E T="03">Government aircraft</E> means an aircraft that is operated for the exclusive use of an executive agency and is a—</P>
                  <P>(1) Federal aircraft, which an executive agency owns, bails, loans, or borrows; or</P>
                  <P>(2) Commercial aircraft hired as commercial aviation services (CAS), which an executive agency—</P>
                  <P>(i) Leases or lease-purchases with the intent to take title;</P>
                  <P>(ii) Charters or rents; or</P>
                  <P>(iii) Hires as part of a full service contract or an inter-service support agreement(ISSA).</P>
                  <P>
                    <E T="03">Government Aircraft Cost Accounting Guide (CAG)</E> means guidance published by GSA based on the cost elements defined in Attachments A and B to OMB Circular A-126 and in OMB Circular A-76, FAIRS, and the U.S. Government Standard General Ledger to account for Government aircraft costs.</P>
                  <P>
                    <E T="03">Governmental function</E> means a federally funded activity that an executive agency performs in compliance with its statutory authorities.</P>
                  <P>
                    <E T="03">Intelligence agencies</E> mean the following agencies or organizations within the U.S. intelligence community:</P>
                  <P>(1) Central Intelligence Agency.</P>
                  <P>(2) National Security Agency.</P>
                  <P>(3) Defense Intelligence Agency.</P>
                  <P>(4) National Reconnaissance Office.</P>
                  <P>(5) The Bureau of Intelligence and Research of the Department of State.</P>
                  <P>(6) Intelligence elements of the Army, Navy, Air Force, Marine Corps, Department of Justice, Department of the Treasury, and Department of Energy.</P>
                  <P>
                    <E T="03">Inter-service support agreement (ISSA)</E> means any agreement between two or more executive agencies (including the Department of Defense) in which one agency consents to perform aviation support services (<E T="03">i.e.,</E> providing an aircraft and other aviation services or providing only services) for another agency with or without cost-reimbursement. An executive agency-to-executive agency agreement that involves only the use of an aircraft, not services, is a bailment, not an ISSA.</P>
                  <P>
                    <E T="03">Leased aircraft</E> means an aircraft hired under a commercial contractual agreement in which an executive agency has exclusive use of the aircraft for an agreed upon period of time. The acquiring executive agency operates and maintains the aircraft. Leased aircraft are hired as commercial aviation services (CAS).</P>
                  <P>
                    <E T="03">Lease-purchase aircraft</E> means a leased aircraft for which the leasing executive agency holds an option to purchase.</P>
                  <P>
                    <E T="03">Life-limited part</E> means any aircraft part that has an established replacement time, inspection interval, or other time-related procedure associated with it. For non-military parts, FAA specifies life-limited parts' airworthiness limitations in 14 CFR chapter I, §§ 21.50, 23.1529, 25.1529, 27.1529, 29.1529, 31.82, 33.4, and 35.5, and on product Type Certificate Data Sheets (TCDS) for products certified before airworthiness limitations were added to 14 CFR chapter I. Letters authorizing Technical Standards Orders (TSO) must also note or reference mandatory replacement or inspection of parts.</P>
                  <P>
                    <E T="03">Loaned aircraft</E> means a Federal aircraft owned by an executive agency, but in the custody of a non-executive agency under an agreement that does not include compensation.</P>
                  <P>
                    <E T="03">Military aircraft part</E> means an aircraft part used on an uncertificated aircraft that was developed for the Armed Forces.<PRTPAGE P="47"/>
                  </P>
                  <P>
                    <E T="03">Non-operational aircraft</E> means a Federal aircraft that is not safe for flight and, in the owning executive agency's determination, cannot economically be made safe for flight. This definition refers to the aircraft's flight capability, not its mission-support equipment capability. An aircraft that is temporarily out of service for maintenance or repair and can economically be made safe for flight is considered operational.</P>
                  <P>
                    <E T="03">Official Government business,</E> in relation to Government aircraft—</P>
                  <P>(1) Includes, but is not limited to—</P>
                  <P>(i) Carrying crewmembers, qualified non-crewmembers, and cargo directly required for or associated with performing Governmental functions (including travel-related Governmental functions);</P>
                  <P>(ii) Carrying passengers authorized to travel on Government aircraft (seeOMB Circular A-126); and</P>
                  <P>(iii) Training pilots and other aviation personnel.</P>
                  <P>(2) Does not include—</P>
                  <P>(i) Using Government aircraft for personal or political purposes, except for required use travel and space available travel as defined in OMB Circular A-126; or</P>
                  <P>(ii) Carrying passengers who are not officially authorized to travel on Government aircraft.</P>
                  <P>
                    <E T="03">Operational aircraft</E> means a Federal aircraft that is safe for flight or, in the owning executive agency's determination, can economically be made safe for flight. This definition refers to the aircraft's flight capability, not its mission-support capability. An aircraft temporarily out of service for maintenance or repair is considered operational.</P>
                  <P>
                    <E T="03">Original equipment manufacturer</E> means the person or company who originally designed, engineered, and manufactured, or who currently holds the data rights to manufacture, a specific aircraft or aircraft part.</P>
                  <P>
                    <E T="03">Owned aircraft</E> means an aircraft for which title or rights of title are vested in an executive agency. Owned aircraft are considered Federal aircraft.</P>
                  <P>
                    <E T="03">Passenger</E> means a person flying onboard a Government aircraft who is officially authorized to travel and who is not a crewmember or qualified non-crewmember.</P>
                  <P>
                    <E T="03">Production approval holder</E> means the person or company who holds a ProductionCertificate (PC), Approved Production Inspection System (APIS), Parts ManufacturerApproval (PMA), or Technical Standards Order (TSO) authorization, issued under provisions of 14 CFR part 21, Certification Procedures for Products and Parts, and who controls the design and quality of a specific aircraft part.</P>
                  <P>
                    <E T="03">Qualified non-crewmember</E> means a person flying onboard a Government aircraft whose skills or expertise are required to perform or are associated with performing the Governmental function for which the aircraft is being operated (qualified non-crewmembers may be researchers, law enforcement agents, fire fighters, agricultural engineers, biologists, etc.). <E T="03">Qualified non-crewmembers</E> are not passengers.</P>
                  <P>
                    <E T="03">Registration mark</E> means the unique identification mark that is assigned by the Federal Aviation Administration and displayed on Government aircraft (including foreign aircraft hired as CAS). <E T="03">Tail number</E> is commonly used for <E T="03">registration mark.</E>
                  </P>
                  <P>
                    <E T="03">Related aviation services contract</E> means a commercial contractual agreement through which an executive agency hires aviation services only (not aircraft), <E T="03">e.g.,</E> pilot, crew, maintenance, cleaning, dispatching, or catering.</P>
                  <P>
                    <E T="03">Rental aircraft</E> means an aircraft hired commercially under an agreement in which the executive agency has exclusive use of the aircraft for an agreed upon period of time. The executive agency operates, but does not maintain, a rental aircraft.</P>
                  <P>
                    <E T="03">Required use</E> means use of a Government aircraft for the travel of an executive agency officer or employee to meet bona fide communications or security needs of the agency or to meet exceptional scheduling requirements. Required use travel must be approved as described in OMB Circular A-126.</P>
                  <P>
                    <E T="03">Risk analysis and management</E> means a systematic process for—</P>

                  <P>(1) Identifying risks associated with alternative courses of action involved in an aviation operation; and<PRTPAGE P="48"/>
                  </P>
                  <P>(2) Choosing from among these alternatives the course(s) of action that will promote optimum aviation safety.</P>
                  <P>
                    <E T="03">Safe for flight</E> means approved for flight and refers to an aircraft, aircraft engine, propeller, appliance, or part that has been inspected and certified to meet the requirements of applicable regulations, specifications, or standards. When applied to an aircraft that an executive agency operates under the Federal Aviation Regulations (14 CFR chapter I), safe for flight means “airworthy,” <E T="03">i.e.,</E> the aircraft or related parts meet their type designs and are in a condition, relative to wear and deterioration, for safe operation. When applied to an aircraft that an executive agency uses, but does not operate or require to be operated under the Federal Aviation Regulations, safe for flight means a state of compliance with military specifications or the executive agency's own Flight Program Standards, and as approved, inspected, and certified by the agency.</P>
                  <P>
                    <E T="03">Senior Aviation Management Official</E> means the person in an executive agency who will be the agency's primary member of the Interagency Committee for Aviation Policy (ICAP). This person must be of appropriate grade and position to represent the agency and promote flight safety and adherence to standards.</P>
                  <P>
                    <E T="03">Serviceable aircraft part</E> means a part that is safe for flight, can fulfill its operational requirements, and is sufficiently documented to indicate that the part conforms to applicable standards/specifications.</P>
                  <P>
                    <E T="03">Suspected unapproved part</E> means a non-military aircraft part, component, or material that any person suspects of not meeting the requirements of an “approved part.” Approved parts are those that are produced in compliance with the Federal Aviation Regulations (14 CFR part 21), are maintained in compliance with 14 CFR parts 43 and 91, and meet applicable design standards. A part, component, or material may be suspect because of its questionable finish, size, or color; improper (or lack of) identification; incomplete or altered paperwork; or any other questionable indication. See detailed guidance in FAA Advisory Circular 21-29, “Detecting and Reporting SuspectedUnapproved Parts,” available from FAA at <E T="03">http://www.faa.gov.</E>
                  </P>
                  <P>
                    <E T="03">Tail number</E> (See <E T="03">registration mark</E>).</P>
                  <P>
                    <E T="03">Traceable part</E> means an aircraft part whose original equipment manufacturer or production approval holder can be identified by documentation, markings/characteristics on the part, or packaging of the part. Non-military parts are traceable if you can establish that the parts were manufactured under rules in 14 CFR part 21 or were previously determined to be airworthy under rules in 14 CFR part 43. Possible sources for making a traceability determination could be shipping tickets, bar codes, invoices, parts marking(<E T="03">e.g.,</E> PMA, TSO), data plates, serial/part numbers, manufacturing production numbers, maintenance records, work orders, etc.</P>
                  <P>
                    <E T="03">Training</E> means instruction for flight program personnel to enable them to qualify initially for their positions and to maintain qualification for their positions over time.</P>
                  <P>
                    <E T="03">Travel Management Policy Division (MTT)</E> means GSA's Office of Transportation and Personal Property, Office of Governmentwide Policy. MTT is responsible for publishing the Federal Travel Regulation (41 CFR chapters 300 through 304), which contains policy for management of travel of U.S. Government personnel and certain others. Contact the MTT staff at 1800 F Street, NW., Washington, DC 20405,Room G-219; (202) 501-1538; see their Web site at <E T="03">http://www.gsa.gov/travelpolicy.</E>
                  </P>
                  <P>
                    <E T="03">Unsalvageable aircraft part</E> means an aircraft part that cannot be restored to a condition that is safe for flight because of its age, its physical condition, a non-repairable defect, insufficient documentation, or its non-conformance with applicable standards/specifications.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Responsibilities</HD>
                <SECTION>
                  <SECTNO>§ 102-33.25</SECTNO>
                  <SUBJECT>What are our responsibilities under this part?</SUBJECT>
                  <P>Under this part, your responsibilities are to—</P>

                  <P>(a) Acquire, manage, and dispose of Government aircraft (<E T="03">i.e.,</E> Federal aircraft and commercial aviation services <PRTPAGE P="49"/>(CAS); see § 102-33.45) as safely, efficiently, and effectively as possible consistent with the nature of your agency's aviation missions;</P>
                  <P>(b) Document and report the—</P>
                  <P>(1) Types and numbers of your Federal aircraft;</P>
                  <P>(2) Costs of acquiring and operating Government aircraft;</P>
                  <P>(3) Amount of time that your agency uses Government aircraft; and</P>
                  <P>(4) Accidents and incidents involving Government aircraft;</P>
                  <P>(c) Ensure that your Government aircraft are used only to accomplish your agency's official Government business;</P>
                  <P>(d) Ensure that all passengers traveling on your agency's Government aircraft are authorized to travel on such aircraft (see OMB Circular A-126);</P>
                  <P>(e) Appoint (by letter to the Associate Administrator, Office of Governmentwide Policy, GSA) a Senior Aviation Management Official (SAMO), who will be your agency's primary member of the Interagency Committee for Aviation Policy (ICAP) (this paragraph (e) applies to all executive agencies that use aircraft, including the Department of Defense (DOD), the Federal Aviation Administration (FAA), and the NationalTransportation Safety Board (NTSB);</P>
                  <P>(f) Designate an official (by letter to the Associate Administrator, Office of Governmentwide Policy, GSA) to certify the accuracy and completeness of information reported by your agency through the Federal Aviation Interactive Reporting System(FAIRS) (this official may be the SAMO or may be another individual who has the appropriate authority). (Armed Forces agencies, which include DOD and the U.S. CoastGuard, are not required to report information to FAIRS.);</P>
                  <P>(g) Appoint representatives of the agency as members of ICAP subcommittees and working groups; and</P>
                  <P>(h) Ensure that your agency's internal policies and procedures are consistent with the requirements of OMB Circulars A-126 and A-76 and this part.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.30</SECTNO>
                  <SUBJECT>What are the duties of an agency's Senior Aviation Management Official (SAMO)?</SUBJECT>
                  <P>The SAMO's duties are to—</P>
                  <P>(a) Represent the agency's views to the ICAP and vote on behalf of the agency as needed; contribute technical and operational policy expertise to ICAP deliberations and activities; and serve as the designated approving official for FAIRS when the agency elects to have one person serve as both the SAMO and the designated official for FAIRS(DOD will not have a designated official for FAIRS); and</P>
                  <P>(b) Appoint representatives of the agency as members of ICAP subcommittees and working groups.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.35</SECTNO>
                  <SUBJECT>How can we get help in carrying out our responsibilities?</SUBJECT>
                  <P>To get help in carrying out your responsibilities under this part, you may—</P>
                  <P>(a) Call or write to GSA's Aircraft Management Policy Division (MTA) (see § 102-33.20); or</P>
                  <P>(b) Find more information on the Internet from the following Web sites:</P>
                  <P>(1) <E T="03">http://www.gsa.gov/aircraftpolicy</E> (GSA Aircraft Management Policy Division).</P>
                  <P>(2) <E T="03">http://www.gsa.gov/travelpolicy</E> (GSA Travel Management Policy Division).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.40</SECTNO>
                  <SUBJECT>What are GSA's responsibilities for Federal aviation management?</SUBJECT>

                  <P>Under OMB Circular A-126, “Improving the Management and Use of Government Aircraft,” revised May 22, 1992 (available from <E T="03">http://www.whitehouse.gov/omb),</E> GSA's chief responsibilities for Federal aviation management are to maintain—</P>
                  <P>(a) A single office (<E T="03">i.e.,</E> MTA) for developing policy for improving the management of Federal aviation, including acquisition, operation, safety, and disposal of Government aircraft, and publishing that policy;</P>
                  <P>(b) An interagency committee (<E T="03">i.e.,</E> the ICAP), whose members represent the executive agencies that use Government aircraft to conduct their official business(including FAA and NTSB specifically) and advise GSA on developing policy for managing Government aircraft; and</P>

                  <P>(c) A management information system to collect, analyze, and report information on the inventory, cost, <PRTPAGE P="50"/>usage, and safety of Government aircraft.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-33.40:</HD>
                    <P>See OMB Circular A-126 for a complete listing of GSA's responsibilities related to Federal aviation. </P>
                  </NOTE>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Acquiring Government Aircraft and Aircraft Parts</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Overview</HD>
                <SECTION>
                  <SECTNO>§ 102-33.45</SECTNO>
                  <SUBJECT>What is a Government aircraft?</SUBJECT>
                  <P>A Government aircraft is one that is operated for the exclusive use of an executive agency and is a—</P>
                  <P>(a) Federal aircraft, which an executive agency owns, bails, loans, or borrows; or</P>
                  <P>(b) Commercial aircraft hired as commercial aviation services (CAS), which an executive agency—</P>
                  <P>(1) Leases or lease-purchases with the intent to take title;</P>
                  <P>(2) Charters or rents; or</P>
                  <P>(3) Hires as part of a full service contract or an inter-service support agreement(ISSA).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.50</SECTNO>
                  <SUBJECT>Under what circumstances may we acquire Government aircraft?</SUBJECT>

                  <P>Your agency may acquire Government aircraft when you meet the requirements for operating an in-house aviation program contained in OMB Circular A-76, “Performance of Commercial Activities,” August 4, 1983 (available from <E T="03">http://www.whitehouse.gov/omb),</E> and when—</P>
                  <P>(a) For Federal aircraft—</P>
                  <P>(1) Aircraft are the optimum means of supporting your agency's official business;</P>

                  <P>(2) You do not have aircraft that can support your agency's official business safely (<E T="03">i.e.,</E> in compliance with applicable safety standards and regulations) and cost-effectively;</P>

                  <P>(3) No commercial or other Governmental source is available to provide aviation services safely (<E T="03">i.e.,</E> in compliance with applicable safety standards and regulations) and cost-effectively; and</P>
                  <P>(4) Congress has specifically authorized your agency to purchase, lease, or transfer aircraft and to maintain and operate those aircraft (see 31 U.S.C. 1343).</P>
                  <P>(b) For commercial aviation services (CAS)—</P>
                  <P>(1) Aircraft are the optimum means of supporting your agency's official business; and</P>

                  <P>(2) Using commercial aircraft and services is safe (<E T="03">i.e.,</E> conforms to applicable laws, safety standards, and regulations) and is more cost effective than using Federal aircraft, aircraft from any other Governmental source, or scheduled air carriers.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.55</SECTNO>
                  <SUBJECT>Are there restrictions on acquiring Government aircraft?</SUBJECT>
                  <P>Yes, you may not acquire—</P>
                  <P>(a) More aircraft than you need to carry out your official business;</P>
                  <P>(b) Aircraft of greater size or capacity than you need to perform your Governmental functions cost-effectively; or</P>
                  <P>(c) Federal aircraft that Congress has not authorized your agency to acquire or Federal aircraft or commercial aircraft and services for which you have not followed the requirements in OMB Circular A-76.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.60</SECTNO>
                  <SUBJECT>What methods may we use to acquire Government aircraft?</SUBJECT>
                  <P>Following the requirements of §§ 102-33.50 and 102-33.55, you (or an internal bureau or sub-agency within your agency) may acquire Government aircraft by means including, but not limited to—</P>
                  <P>(a) Purchase;</P>
                  <P>(b) Borrowing from a non-federal source;</P>
                  <P>(c) Bailment from another executive agency;</P>
                  <P>(d) Exchange/sale (but only with approval from GSA; see § 102-33.275);</P>
                  <P>(e) Reimbursable transfer from another executive agency (see §§ 102-36.75 through 102-36.85 of this subchapter B);</P>
                  <P>(f) Transfer from another executive agency as approved by GSA;</P>
                  <P>(g) Reassignment from one internal bureau or subagency to another within your agency;</P>
                  <P>(h) Forfeiture (you must have specific authority to seize aircraft);</P>
                  <P>(i) Insurance replacement (<E T="03">i.e.,</E> receiving a replacement aircraft);</P>
                  <P>(j) Lease or lease-purchase;<PRTPAGE P="51"/>
                  </P>
                  <P>(k) Rent or charter;</P>
                  <P>(l) Contract for full services (<E T="03">i.e.,</E> aircraft plus crew and related aviation services) from a commercial source; or</P>
                  <P>(m) Inter-service support agreements with other executive agencies for aircraft and services.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.65</SECTNO>
                  <SUBJECT>What is the process for acquiring Government aircraft?</SUBJECT>
                  <P>Acquiring aircraft generally follows a three-step process; planning, budgeting, and contracting, as described in §§ 102-33.70 through 102-33.105.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Planning To Acquire Government Aircraft</HD>
                <SECTION>
                  <SECTNO>§ 102-33.70</SECTNO>
                  <SUBJECT>What directives must we follow when planning to acquire Government aircraft?</SUBJECT>
                  <P>When planning to acquire aircraft, you must follow the requirements in—</P>
                  <P>(a) 31 U.S. Code Section 1343, “Buying and Leasing Passenger Motor Vehicles and Aircraft”;</P>
                  <P>(b) OMB Circular A-126, “Improving the Management and Use of Government Aircraft,” revised May 22, 1992;</P>
                  <P>(c) OMB Circular A-11, Part 7, “Planning, Budgeting, Acquisition, and Management of Capital Assets,” revised June 2002;</P>
                  <P>(d) OMB Circular A-76, “Performance of Commercial Activities,” revised June 14, 1999; and</P>

                  <P>(e) OMB Circular A-94, “Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs,” revised January 22, 2002.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-33.70:</HD>
                    <P>OMB Circulars are available from <E T="03">http://www.whitehouse.gov/omb.</E>
                    </P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.75</SECTNO>
                  <SUBJECT>What other guidance is available to us in planning to acquire Government aircraft?</SUBJECT>
                  <P>You can find guidance for acquisition planning in the “ICAP Fleet Modernization Planning Guide,” which is available from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405, and in OMB's “Capital Programming Guide,” which is a supplement to OMB Circular A-11.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">OMB Circular A-76</HD>
                <SECTION>
                  <SECTNO>§ 102-33.80</SECTNO>
                  <SUBJECT>Must we comply with OMB Circular A-76 before we acquire Government aircraft?</SUBJECT>
                  <P>Yes, before you acquire Government aircraft, you must comply with OMB Circular A-76 to assure that the private sector cannot provide Government aircraft or related aviation services more cost-effectively than you can provide Federal aircraft and related services (see particularly the Circular's Revised Supplemental Handbook's Appendix 6, Aviation Competitions).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.85</SECTNO>
                  <SUBJECT>Where should we send our OMB Circular A-76 Cost-Comparison Studies?</SUBJECT>
                  <P>You should forward copies of the completed A-76 Cost-Comparison studies to OMB upon request or as required by OMB Circular A-11 to justify aircraft purchases and to GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405, upon completion of a study.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">The Process for Budgeting To Acquire Government Aircraft</HD>
                <SECTION>
                  <SECTNO>§ 102-33.90</SECTNO>
                  <SUBJECT>What is the process for budgeting to acquire a Federal aircraft (including a Federal aircraft transferred from another executive agency)?</SUBJECT>
                  <P>(a) The process for budgeting to acquire a Federal aircraft or to accept a Federal aircraft transferred from another executive agency requires that you have specific authority from Congress in your appropriation, as called for in 31 U.S.C. 1343, to—</P>
                  <P>(1) Purchase, lease-purchase, or lease a Federal aircraft and to operate and maintain it; or</P>
                  <P>(2) Accept a Federal aircraft transferred from another executive agency and to operate and maintain it.</P>

                  <P>(b) For complete information on budgeting to own Government aircraft (<E T="03">i.e.,</E> large purchase of a capital asset), see OMB Circular A-11, Part 7, and the “Capital Programming Guide,” Supplement to Part 7, Appendix 7.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="52"/>
                  <SECTNO>§ 102-33.95</SECTNO>
                  <SUBJECT>What is the process for budgeting to acquire commercial aviation services (CAS)?</SUBJECT>
                  <P>Except for leases and lease-purchases, for which you must have specific Congressional authorization as required under 31 U.S.C. 1343, you may budget to fund your commercial aviation services (CAS) hires out of your agency's operating budget.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Contracting To Acquire Government Aircraft</HD>
                <SECTION>
                  <SECTNO>§ 102-33.100</SECTNO>
                  <SUBJECT>What are our responsibilities when contracting to purchase or lease-purchase a Federal aircraft or to award a CAS contract?</SUBJECT>
                  <P>In contracting to purchase or lease-purchase a Federal aircraft or to award a CAS contract, you must follow the Federal Acquisition Regulation (48 CFR chapter 1) unless your agency is exempt from following the Federal Acquisition Regulation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.105</SECTNO>
                  <SUBJECT>What special requirements must we put into our CAS contracts?</SUBJECT>
                  <P>At a minimum, your contracts and agreements must require that any provider of CAS comply with—</P>
                  <P>(a) Civil standards in the Federal Aviation Regulations (14 CFR chapter I) applicable to the type of operations you are asking the contractor to conduct;</P>
                  <P>(b) Applicable military standards; or</P>
                  <P>(c) Your agency's Flight Program Standards (see §§ 102-33.140 through 102-33.185 for the requirements for Flight Program Standards).</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Acquiring Aircraft Parts</HD>
                <SECTION>
                  <SECTNO>§ 102-33.110</SECTNO>
                  <SUBJECT>What are our responsibilities when acquiring aircraft parts?</SUBJECT>
                  <P>When acquiring aircraft parts, you must do the following:</P>
                  <P>(a) Acquire the parts cost-effectively and acquire only what you need.</P>
                  <P>(b) Inspect and test (as appropriate) all incoming parts and ensure that they are documented as safe for flight before installing them.</P>

                  <P>(c) Obtain all logbooks and maintenance records (for guidance on maintaining records for non-military parts, see FAA Advisory Circular 43-9C, “Maintenance Records,” which is available from the Federal Aviation Administration (FAA)) at <E T="03">http://www.faa.gov.</E>
                  </P>
                  <P>(d) Plan for adequate storage and protection.</P>
                  <P>(e) Report all Suspected Unapproved Parts (SUP) to the FAA, SUP Program Office, AVR-20, 45005 Aviation Drive, Suite 214, Dulles, VA 20166-7541, by telephone at 703-661-0580, or by calling the FAA Aviation Safety Hotline at 800-255-1111.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.115</SECTNO>
                  <SUBJECT>Are there special requirements for acquiring military Flight Safety Critical Aircraft Parts (FSCAP)?</SUBJECT>
                  <P>Yes, when you acquire military Flight Safety Critical Aircraft Parts (FSCAP), you must—</P>
                  <P>(a) Accept a FSCAP only when it is documented or traceable to its original equipment manufacturer (a FSCAP's DOD FSCAP Criticality Code should be marked or tagged on the part or appear on its invoice/transfer document; see § 102-33.375 for further explanation of the FSCAP Criticality Codes); and</P>
                  <P>(b) Not install undocumented, but traceable FSCAP until you have the parts inspected and recertified by the original equipment manufacturer or FAA-approved production approval holder (see § 102-33.370 on FSCAP).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.120</SECTNO>
                  <SUBJECT>Are there special requirements for acquiring life-limited parts?</SUBJECT>
                  <P>Yes, when you acquire new or used life-limited parts, you must—</P>

                  <P>(a) Identify and inspect the parts, ensuring that they have civil or military-certified documentation (<E T="03">i.e.,</E> complete life histories); and</P>
                  <P>(b) Mutilate and dispose of any expired life-limited parts (see § 102-33.370 on handling life-limited parts).</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Managing Government Aircraft and Aircraft Parts</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Overview</HD>
                <SECTION>
                  <SECTNO>§ 102-33.125</SECTNO>
                  <SUBJECT>If we use Federal aircraft, what are our management responsibilities?</SUBJECT>

                  <P>If you use Federal aircraft, you are responsible for—<PRTPAGE P="53"/>
                  </P>
                  <P>(a) Establishing agency-specific Flight Program Standards, as defined in §§ 102-33.140 through 102-33.185;</P>
                  <P>(b) Accounting for the cost of acquiring, operating, and supporting your aircraft;</P>
                  <P>(c) Accounting for use of your aircraft;</P>
                  <P>(d) Maintaining and accounting for aircraft parts;</P>
                  <P>(e) Reporting inventory, cost, and utilization data (for reporting requirements, see subpart E of this part); and</P>
                  <P>(f) Properly disposing of aircraft and parts following this part and FMR subchapter B (41 CFR chapter 102, subchapter B).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.130</SECTNO>
                  <SUBJECT>If we hire CAS, what are our management responsibilities?</SUBJECT>
                  <P>If you hire CAS, you are responsible for—</P>
                  <P>(a) Establishing agency-specific Flight Program Standards, as defined in §§ 102-33.140 through 102-33.185, as applicable, and requiring compliance with these standards in your contracts and agreements;</P>
                  <P>(b) Accounting for the cost of your aircraft and services hired as CAS;</P>
                  <P>(c) Accounting for use of your aircraft hired as CAS; and</P>
                  <P>(d) Reporting the cost and usage data for your CAS hires (for reporting requirements, see subpart E of this part).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.135</SECTNO>
                  <SUBJECT>Do we have to follow the direction in OMB Circular A-123, “Management Accountability and Control,” June 21, 1995, for establishing management controls for our aviation program?</SUBJECT>
                  <P>Yes, you must follow the direction in OMB Circular A-123, “Management Accountability and Control,” June 21, 1995, for establishing management controls for your aviation program. (See Note to § 102-33.70.) The circular requires that you establish organizations, policies, and procedures to ensure that, among other things, your aviation program achieves its intended results and you use your resources consistently with your agency's missions.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Establishing Flight Program Standards</HD>
                <SECTION>
                  <SECTNO>§ 102-33.140</SECTNO>
                  <SUBJECT>What are Flight Program Standards?</SUBJECT>

                  <P>Flight Program Standards are standards specific to your agency's aviation operations, including your commercial aviation services (CAS) contracts. Your Flight Program Standards must meet the requirements in §§ 102-33.155 through 102-33.185, and they must meet or exceed applicable civil or military rules. When civil or military rules do not apply, you must use risk management techniques to develop Flight Program Standards specifically for your program. In your standards, you must address all aspects of your program, <E T="03">e.g.,</E> uncertificated aircraft, high-risk operations, special personnel requirements, that may not be addressed under the rules for civil aircraft in the Federal Aviation Regulations (14 CFR chapter I). The requirements for Flight Program Standards in §§ 102-33.155 through 102-33.185 incorporate and adapt the ICAP's “Safety Standards Guidelines for Federal Flight Programs,” revised December 22, 1999, and available from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.145</SECTNO>
                  <SUBJECT>Why must we establish Flight Program Standards?</SUBJECT>
                  <P>You must establish Flight Program Standards to ensure that aircraft your agency uses are operated safely, effectively, and efficiently.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.150</SECTNO>
                  <SUBJECT>Is any agency exempt from establishing Flight Program Standards under this part?</SUBJECT>
                  <P>Yes, in addition to the Armed Forces and intelligence agencies, entities outside the executive branch of the Federal Government are exempt from establishing Flight Program Standards when using aircraft loaned to them by an executive agency (that is, owned by an executive agency, but operated by and on behalf of the loanee) unless the loanee—</P>

                  <P>(a) Uses the aircraft to conduct official Government business; or<PRTPAGE P="54"/>
                  </P>
                  <P>(b) Is required to follow §§ 102-33.140 through 102-33.185 under a Memorandum of Agreement governing the loan.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.155</SECTNO>
                  <SUBJECT>How must we establish Flight Program Standards?</SUBJECT>
                  <P>To establish Flight Program Standards, you must write, publish (as appropriate), implement, and comply with detailed, agency-specific standards, which establish or require (contractually, where applicable) policies and procedures for—</P>
                  <P>(a) Management/administration of your flight program (in this part, “flight program” includes CAS contracts);</P>
                  <P>(b) Operation of your flight program;</P>
                  <P>(c) Maintenance of your Government aircraft;</P>
                  <P>(d) Training for your flight program personnel; and</P>
                  <P>(e) Safety of your flight program.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Management/Administration</HD>
                <SECTION>
                  <SECTNO>§ 102-33.160</SECTNO>
                  <SUBJECT>What standards must we establish or require (contractually, where applicable) for management/administration of our flight program?</SUBJECT>
                  <P>For management/administration of your flight program, you must establish or require (contractually, where applicable) the following:</P>
                  <P>(a) A management structure responsible for the administration, operation, safety, training, maintenance, and financial needs of your aviation operation (including establishing minimum requirements for these items for any commercial contracts).</P>

                  <P>(b) Guidance describing the roles, responsibilities, and authorities of your flight program personnel, <E T="03">e.g.,</E> managers, pilots and other crewmembers, flight safety personnel, maintenance personnel, and dispatchers.</P>
                  <P>(c) Procedures to record and track flight time, duty time, and training of crewmembers.</P>
                  <P>(d) Procedures to record and track duty time and training of maintenance personnel.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Operations</HD>
                <SECTION>
                  <SECTNO>§ 102-33.165</SECTNO>
                  <SUBJECT>What standards must we establish or require (contractually, where applicable) for operation of our flight program?</SUBJECT>
                  <P>For operation of your flight program, you must establish or require (contractually, where applicable) the following:</P>
                  <P>(a) Basic qualifications and currency requirements for your pilots and other crewmembers, maintenance personnel, and other mission-related personnel.</P>
                  <P>(b) Limitations on duty time and flight time for pilots and other crewmembers.</P>
                  <P>(c) Compliance with owning-agency or military safety of flight notices and operational bulletins.</P>
                  <P>(d) Flight-following procedures to notify management and initiate search and rescue operations for lost or downed aircraft.</P>
                  <P>(e) Dissemination, as your agency determines appropriate, of a disclosure statement to all crewmembers and qualified non-crewmembers who fly aboard your agency's Government aircraft, as follows:</P>
                  <EXTRACT>
                    <HD SOURCE="HD2">Disclosure Statement for Crewmembers and Qualified Non-Crewmembers Flying on Board Government Aircraft Operated as Public Aircraft</HD>
                    <P>Generally, an aircraft used exclusively for the U.S. Government may be considered a “public aircraft” as defined in Public Law 106-181, provided it is not a Government-owned aircraft transporting passengers or operating for commercial purposes. A public aircraft is not subject to many Federal Aviation Regulations, including requirements relating to aircraft certification, maintenance, and pilot certification. If an agency transports passengers on a Government-owned aircraft or uses that aircraft for commercial purposes, the agency must comply with all Federal Aviation Regulations applicable to civil aircraft. If you have any questions concerning whether a particular flight will be a public aircraft operation or a civil aircraft operation, you should contact the agency sponsor of that flight.</P>

                    <P>You have certain rights and benefits in the unlikely event you are injured or killed while working aboard a Government-owned or operated aircraft. Federal employees and some private citizens are eligible for workers' compensation benefits under the Federal Employees' Compensation Act (FECA). When FECA applies, it is the sole remedy. For more information about FECA and its coverage, consult with your agency's benefits <PRTPAGE P="55"/>office or contact the Branch of Technical Assistance at the Department of Labor's Office of Workers' Compensation Programs at (202) 693-0044.</P>
                    <P>State or foreign laws may provide for product liability or “third party” causes of actions for personal injury or wrongful death. If you have questions about a particular case or believe you have a claim, you should consult with an attorney.</P>
                    <P>Some insurance policies may exclude coverage for injuries or death sustained while working or traveling aboard a Government or military aircraft or while within a combat area. You may wish to check your policy or consult with your insurance provider before your flight. The insurance available to Federal employees through the Federal Employees Group Life Insurance Program does not contain an exclusion of this type.</P>
                    <P>If you are the victim of an air disaster resulting from criminal activity, Victim and Witness Specialists from the Federal Bureau of Investigation (FBI) and/or the local U.S. Attorney's Office will keep you or your family informed about the status of the criminal investigation(s) and provide you or your family with information about rights and services, such as crisis intervention, counseling and emotional support. State crime victim compensation may be able to cover crime-related expenses, such as medical costs, mental health counseling, funeral and burial costs, and lost wages or loss of support. The Office for Victims of Crime (an agency of the Department of Justice) and the U.S. Attorneys Office are authorized by the Antiterrorism Act of 1996 to provide emergency financial assistance to State programs for the benefit of victims of terrorist acts or mass violence.</P>
                    <P>
                      <E T="03">If you are a Federal employee.</E> If you are injured or killed on the job during the performance of duty, including while traveling or working aboard a Government aircraft or other Government-owned or operated conveyance for official Government business purposes, you and your family are eligible to collect workers' compensation benefits under FECA. You and your family may not file a personal injury or wrongful death suit against the United States or its employees. However, you may have cause of action against potentially liable third parties.</P>
                    <P>You or your qualifying family member must normally also choose between FECA disability or death benefits, and those payable under your retirement system (either the Civil Service Retirement System or the Federal Employees Retirement System). You may choose the benefit that is more favorable to you.</P>
                    <P>
                      <E T="03">If you are a private citizen not employed by the Federal government.</E> Even if the Federal government does not regularly employ you, if you are rendering personal service to the Federal government on a voluntary basis or for nominal pay, you may be defined as a Federal employee for purposes of FECA. If that is the case, you and your family are eligible to receive workers' compensation benefits under FECA, but may not collect in a personal injury or wrongful death lawsuit against the United States or its employees. You and your family may file suit against potentially liable third parties. Before you board a Government aircraft, you may wish to consult with the department or agency sponsoring the flight to clarify whether you are considered a Federal employee.</P>
                    <P>If the agency determines that you are not a “Federal employee,” you and your family will not be eligible to receive workers' compensation benefits under FECA. If you are onboard the aircraft for purposes of official Government business, you may be eligible for workman's compensation benefits under state law. If an accident occurs within the United States, or its territories, its airspace, or over the high seas, you and your family may claim against the United States under the Federal Tort Claims Act or Suits in Admiralty Act. If you are killed aboard a military aircraft, your family may be eligible to receive compensation under the Military Claims Act, or if you are an inhabitant of a foreign country, under the Foreign Claims Act. </P>
                  </EXTRACT>
                  <NOTE>
                    <HD SOURCE="HED">Note:</HD>
                    <P>This disclosure statement is not all-inclusive. You should contact your agency's personnel office, or if you are a private citizen, your agency sponsor or point-of-contact for further assistance. </P>
                  </NOTE>
                  <P>(f) At the origin of each flight, creation of a manifest containing the full names of all persons on board for each leg of flight, a point of contact for each person, and phone numbers for the points of contact.</P>
                  <P>(g) Documentation of any changes in the manifest by leg, and retention of manifests for two years from the time of flight.</P>
                  <P>(h) Procedures for reconciling flight manifests with persons actually on board and a method to test those procedures periodically.</P>
                  <P>(i) At the origin of each flight, preparation of a complete weight and balance computation and a cargo-loading manifest, and retention of this computation and manifest for 30 days from the time of flight.</P>
                  <P>(j) Appropriate emergency procedures and equipment for specific missions.</P>
                  <P>(k) Procedures to ensure that required Aviation Life Support Equipment (ALSE) is inspected and serviceable.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="56"/>
                <HD SOURCE="HED">Maintenance</HD>
                <SECTION>
                  <SECTNO>§ 102-33.170</SECTNO>
                  <SUBJECT>What standards must we establish or require (contractually, where applicable) for maintenance of our Government aircraft?</SUBJECT>
                  <P>For maintenance of your Government aircraft, you must establish or require (contractually, where applicable) the following:</P>
                  <P>(a) Aircraft maintenance and inspection programs that comply with whichever is most applicable among—</P>
                  <P>(1) Programs for ex-military aircraft;</P>
                  <P>(2) Manufacturers' programs;</P>
                  <P>(3) FAA-approved programs (<E T="03">i.e.,</E> following the Federal Aviation Regulations);</P>
                  <P>(4) FAA-accepted programs (<E T="03">i.e.,</E> those following ICAP guides that have been accepted by the FAA); or</P>
                  <P>(5) Your agency's self-prescribed programs.</P>
                  <P>(b) Compliance with owning-agency or military safety of flight notices, FAA airworthiness directives, or mandatory manufacturers' bulletins applicable to the types of aircraft, engines, propellers, and appliances you operate.</P>
                  <P>(c) Procedures for operating aircraft with inoperable equipment.</P>
                  <P>(d) Technical support, including appropriate engineering documentation and testing, for aircraft, powerplant, propeller, or appliance repairs, modifications, or equipment installations.</P>
                  <P>(e) A quality control system for acquiring replacement parts, ensuring that the parts you acquire have the documentation needed to determine that they are safe for flight and are inspected and tested, as applicable.</P>
                  <P>(f) Procedures for recording and tracking maintenance actions; inspections; and the flight hours, cycles, and calendar times of life-limited parts and FSCAP.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Training</HD>
                <SECTION>
                  <SECTNO>§ 102-33.175</SECTNO>
                  <SUBJECT>What standards must we establish or require (contractually, where applicable) to train our flight program personnel?</SUBJECT>
                  <P>You must establish or require (contractually, where applicable) an instructional program to train your flight program personnel, initially and on a recurrent basis, in their responsibilities and in the operational skills relevant to the types of operations that you conduct. See § 102-33.180(a) for specific requirements for safety manager training.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Safety</HD>
                <SECTION>
                  <SECTNO>§ 102-33.180</SECTNO>
                  <SUBJECT>What standards must we establish or require (contractually, where applicable) for flight program safety?</SUBJECT>
                  <P>For flight program safety, you must establish or require (contractually, where applicable) the following:</P>

                  <P>(a) The appointment of qualified aviation safety managers (<E T="03">i.e.,</E> those individuals who are responsible for an agency's aviation safety program, regardless of title), who must be—</P>
                  <P>(1) Experienced as pilots or crewmembers or in aviation operations management/flight program management; and</P>
                  <P>(2) Graduated from an aviation safety officer course provided by a recognized training provider and authority in aviation safety before appointment or within one year after appointment.</P>
                  <P>(b) Risk analysis and risk management to identify and mitigate hazards and provide procedures for managing risk to an optimum level.</P>

                  <P>(c) Use of independent oversight and assessments (<E T="03">i.e.,</E> unbiased inspections) to verify compliance with the standards called for in this part.</P>
                  <P>(d) Procedures for reporting unsafe operations to senior aviation safety managers.</P>
                  <P>(e) A system to collect and report information on aircraft accidents and incidents (as required by 49 CFR part 830 and §§ 102-33.445 and 102-33.450).</P>
                  <P>(f) A program for preventing accidents, which includes—</P>
                  <P>(1) Measurable accident prevention procedures (<E T="03">e.g.,</E> pilot proficiency evaluations, fire drills, hazard analyses);</P>
                  <P>(2) A system for disseminating accident-prevention information;</P>
                  <P>(3) Safety training;</P>
                  <P>(4) An aviation safety awards program; and</P>
                  <P>(5) For Federal aircraft-owning agencies, a safety council.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="57"/>
                  <SECTNO>§ 102-33.185</SECTNO>
                  <SUBJECT>What standards must we establish or require (contractually, where applicable) for responding to aircraft accidents and incidents?</SUBJECT>
                  <P>For responding to aircraft accidents and incidents, you must establish or require (contractually, where applicable) the following:</P>
                  <P>(a) An aircraft accident/incident reporting capability to ensure that you will comply with the NTSB's regulations (in 49 CFR parts 830 and 831), including notifyingNTSB immediately when you have an aircraft accident or an incident as defined in 49 CFR 830.5.</P>

                  <P>(b) An accident/incident response plan, modeled on the NTSB's “Federal Plan for Aviation Accidents Involving Aircraft Operated by or Chartered by Federal Agencies,” and periodic disaster response exercises to test your plan. You can see a copy of the NTSB's plan on the Web at <E T="03">http://www.ntsb.gov/publictn/1999/SPC9904.pdf</E> or htm.</P>
                  <P>(c) Procedures (see 49 CFR 831.11) for participating as a party in NTSB's investigations of accidents or incidents involving aircraft that your agency owns or hires and for conducting parallel investigations, as appropriate.</P>
                  <P>(d) Training in investigating accidents/incidents for your agency's personnel who may be asked to participate in NTSB investigations.</P>

                  <P>(e) Procedures for disseminating, in the event of an aviation disaster that involves one of your Government aircraft, information about eligibility for benefits that is contained in the disclosure statement in § 102-33.165(e) to anyone injured, to injured or deceased persons' points of contact (listed on the manifest), and to the families of injured or deceased crewmembers and qualified non-crewmembers.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-33.185:</HD>
                    <P>This part does not supersede any of the regulations in 49 CFR part 830 or part 831. For definitions of terms and complete regulatory guidance on notifying NTSB and reporting aircraft accidents and incidents, see 49 CFR parts 830 and 831. </P>
                  </NOTE>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Accounting for the Cost of Government Aircraft</HD>
                <SECTION>
                  <SECTNO>§ 102-33.190</SECTNO>
                  <SUBJECT>What are the aircraft operations and ownership costs for which we must account?</SUBJECT>
                  <P>You must account for the operations and ownership costs of your Government aircraft as described in the “Government Aircraft Cost Accounting Guide” (CAG), which follows OMB Circular A-126 and is available from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.195</SECTNO>
                  <SUBJECT>Do we need an automated system to account for aircraft costs?</SUBJECT>
                  <P>If you own Federal aircraft or operate bailed Federal aircraft, you must maintain an automated system to account for aircraft costs by collecting the cost data elements required by the Federal Aviation Interactive Reporting System (FAIRS). The functional specifications and data definitions for a FAIRS-compliant system are described in the “Common Aviation Management Information Standard” (C-AMIS), which is available from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405. See §§ 102-33.395 and 102-33.460 for more information on FAIRS and C-AMIS. Agencies who use only CAS aircraft and do not have Federal aircraft must keep records adequate for reporting information through FAIRS, but are not required to have an automated system (see §§ 102-33.435 and 102-33.440 for the information on CAS that you must report through FAIRS).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.200</SECTNO>
                  <SUBJECT>Must we periodically justify owning and operating Federal aircraft?</SUBJECT>
                  <P>Yes, after you have held a Federal aircraft for five years, you must justify owning and operating the aircraft by reviewing your operations and establishing that you have a continuing need for the aircraft, as required in OMB Circular A-76. You must also establish the cost-effectiveness of all your aircraft operations following OMB-approved cost justification methodologies, which are described in OMB Circular A-76 every five years.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.205</SECTNO>
                  <SUBJECT>When we use our aircraft to support other executive agencies, must we recover the operating costs?</SUBJECT>

                  <P>(a) Under 31 U.S.C. 1535 and other statutes, you may be required to recover the costs of operating aircraft in support of other agencies. Depending on the statutory authorities under <PRTPAGE P="58"/>which you acquired and operate your aircraft, you will use either of two methods for establishing the rates charged for using your aircraft:</P>
                  <P>(1) The variable cost recovery rate; or</P>
                  <P>(2) The full cost recovery rate.</P>
                  <P>(b) See the Government Aircraft CAG, which is available from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405, for definitions of these terms.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Accounting for the Use of Government Aircraft</HD>
                <SECTION>
                  <SECTNO>§ 102-33.210</SECTNO>
                  <SUBJECT>How do we account for the use of our Government aircraft?</SUBJECT>
                  <P>To account for the use of Government aircraft, you must document all flights and keep this documentation for two years after the date of the flight. For each flight, record the—</P>
                  <P>(a) Aircraft's registration mark;</P>
                  <P>(b) Owner and operator (<E T="03">e.g.,</E> the owner may not be the operator, as is the case when a CAS aircraft, owned commercially, is operated by U.S. Government personnel);</P>
                  <P>(c) Purpose of the flight (<E T="03">i.e.,</E> the Governmental function that the aircraft was dispatched to perform);</P>
                  <P>(d) Departure and destination points;</P>
                  <P>(e) Flight date(s) and times;</P>
                  <P>(f) A manifest (see §§ 102-33.165(g) and (h)); and</P>
                  <P>(g) Name(s) of the pilot(s) and crewmembers.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.215</SECTNO>
                  <SUBJECT>May we use Government aircraft to carry passengers?</SUBJECT>
                  <P>Yes, you may use Government aircraft to carry passengers with the following restrictions:</P>
                  <P>(a) You may carry passengers only on aircraft that you operate or require contractually to be operated according to the rules and requirements in Federal Aviation Regulations (14 CFR chapter I).</P>
                  <P>(b) For certain kinds of travel, your agency must justify passengers' presence on Government aircraft (see OMB Circular A-126 and the Government Aircraft Cost Accounting Guide (CAG) published by GSA for complete information on authorizing travel and analyzing costs before authorizing travel on Government aircraft).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.220</SECTNO>
                  <SUBJECT>What are the responsibilities of an agency's aviation program in justifying the use of a Government aircraft to transport passengers?</SUBJECT>
                  <P>(a) Upon request from an agency's travel approving authority, the agency's aviation program must provide cost estimates to assist in determining whether or not use of a Government aircraft to carry passengers is justified. See OMB Circular A-126 for more information on justifying travel on Government aircraft. See also the Government Aircraft Cost Accounting Guide (CAG) published by GSA (defined in § 102-33.20) for guidance on estimating the cost of using a Government aircraft. The cost of using a Government aircraft is—</P>
                  <P>(1) The variable cost of using a Federal aircraft;</P>
                  <P>(2) The amount your agency will be charged by a CAS provider; or</P>
                  <P>(3) The variable cost of using an aircraft owned by another agency as reported by the owning agency if you are not charged for the use of the aircraft.</P>
                  <P>(b) In weighing alternatives for travel on Government aircraft, you must also consider the following:</P>
                  <P>(1) If no follow-on trip is scheduled, all time required positioning the aircraft to begin the trip and to return the aircraft to its normal base of operations.</P>
                  <P>(2) If a follow-on trip requires repositioning, the cost for the repositioning should be charged to the associated follow-on trip.</P>
                  <P>(3) If an aircraft supports a multi-leg trip (a series of flights scheduled sequentially), the use of the aircraft for the total trip may be justified by comparing the total variable cost of the entire trip to the commercial aircraft cost (including charter) for all legs of the trip.</P>
                  <P>(4) The use of foreign aircraft as CAS is authorized when the agency has determined that an equivalent level of safety exists as compared to U.S. operations of a like kind. The safety of passengers shall be the overriding consideration for the selection of travel mode when comparing foreign sources of scheduled commercial airlines and CAS.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="59"/>
                <HD SOURCE="HED">Managing Aircraft Parts</HD>
                <SECTION>
                  <SECTNO>§ 102-33.225</SECTNO>
                  <SUBJECT>How must we manage aircraft parts?</SUBJECT>
                  <P>You must manage your aircraft parts by maintaining proper storage, protection, maintenance procedures, and records for the parts throughout their life cycles.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.230</SECTNO>
                  <SUBJECT>May we use military FSCAP on non-military FAA-type certificated Government aircraft?</SUBJECT>
                  <P>You may use dual-use military FSCAP on non-military aircraft operated under restricted or standard airworthiness certificates if the parts are inspected and approved for such installation by the FAA. See detailed guidance in FAA Advisory Circular 20-142, “Eligibility and Evaluation of U.S. Military Surplus Flight Safety Critical Aircraft Parts, Engines, and Propellers.”</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.235</SECTNO>
                  <SUBJECT>What documentation must we maintain for life-limited parts and FSCAP?</SUBJECT>
                  <P>For life-limited parts and FSCAP, you must hold and update the documentation that accompanies these parts for as long as you use or store them. When you dispose of life-limited parts or FSCAP, the up-to-date documentation must accompany the parts. (See § 102-33.370.)</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Disposing of Government Aircraft and Aircraft Parts</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Overview</HD>
                <SECTION>
                  <SECTNO>§ 102-33.240</SECTNO>
                  <SUBJECT>What must we consider before disposing of aircraft and aircraft parts?</SUBJECT>

                  <P>Before disposing of aircraft and aircraft parts, you must first determine if the aircraft or parts are excess to your agency's mission requirements or if you will need replacements (<E T="03">i.e.,</E> your aircraft or parts are not excess), as follows:</P>
                  <GPOTABLE CDEF="s100,r100,r100" COLS="3" OPTS="L2">
                    <BOXHD>
                      <CHED H="1">(a) If your aircraft/parts are ...</CHED>
                      <CHED H="1">And ...</CHED>
                      <CHED H="1">Then ...</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01" O="xl"> No longer needed to perform, or cannot perform, any Governmental function for your agency, <E T="03">i.e.,</E> they are excess to your needs,</ENT>
                      <ENT>You will not replace them,</ENT>
                      <ENT>You must report them to GSA as excess property (see part 102-36 of this subchapter B).</ENT>
                    </ROW>
                  </GPOTABLE>
                  <GPOTABLE CDEF="s100,r100,r100" COLS="3" OPTS="L2">
                    <BOXHD>
                      <CHED H="1">(b) If your aircraft/parts are ...</CHED>
                      <CHED H="1">But ...</CHED>
                      <CHED H="1">Then ...</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01" O="xl">No longer suitable for performing their mission(s) for your agency,</ENT>
                      <ENT>You need to replace them to continue performing your mission(s)</ENT>
                      <ENT>You are prohibited from exchanging or selling your aircraft unless you ask for and receive approval from GSA to deviate from part 102-39 of this subchapter B. However, exchange/sale of aircraft parts is permitted.</ENT>
                    </ROW>
                  </GPOTABLE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.245</SECTNO>
                  <SUBJECT>May we report as excess, or replace (<E T="03">i.e.,</E> by exchange/sale), both operational and non-operational aircraft?</SUBJECT>
                  <P>Yes, you may report as excess both operational and non-operational aircraft by following the rules governing excess property in part 102-36 of this subchapter B. Exchange or sale of aircraft is prohibited by part 102-39 of this subchapter B, so you will need approval from GSA to deviate from that part to replace operational or non-operational aircraft by exchange/sale. (See § 102-33.275 for further guidance on this restriction).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.250</SECTNO>
                  <SUBJECT>May we report as excess, or replace, declassified aircraft?</SUBJECT>

                  <P>Yes, you may report as excess, or replace, a declassified aircraft (see §§ 102-33.415 through 102-33.420 for information on declassifying aircraft). However, a declassified aircraft is no longer considered an aircraft, but may be considered as a group of aircraft parts or other property for ground use only. You must carry such “aircraft parts or other property” on your property <PRTPAGE P="60"/>records under the appropriate Federal Supply Classification group(s) (<E T="03">e.g.,</E> miscellaneous property, but not as an “aircraft”). For disposal of the property remaining after declassification of an aircraft, you must follow the property disposal regulations in parts 102-36, 102-37, and 102-39 of this subchapter B.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.255</SECTNO>
                  <SUBJECT>Must we document FSCAP or life-limited parts installed on aircraft that we will report as excess or replace?</SUBJECT>
                  <P>Yes, you must comply with the documentation procedures described in § 102-33.370 if your aircraft and/or engines contain FSCAP or life-limited parts.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.260</SECTNO>
                  <SUBJECT>When we report as excess, or replace, an aircraft (including a declassified aircraft), must we report the change in inventory to the Federal Aviation Interactive Reporting System (FAIRS)?</SUBJECT>
                  <P>(a) Yes, when you report as excess, or replace, an aircraft, you must report the change in inventory to the Federal Aviation Interactive Reporting System (FAIRS). For complete information, see the “FAIRS User's Manual,” which is available from GSA, Aircraft Management Policy Division (MTA),1800 F Street, NW., Washington, DC 20405.</P>
                  <P>(b) Within 14 calendar days of the date you dispose of the aircraft, you must report—</P>
                  <P>(1) The disposal method (<E T="03">e.g.,</E> reassignment, inter-agency transfer, donation, sale as surplus or scrap, declassification, or exchange/sale);</P>
                  <P>(2) The disposal date; and</P>
                  <P>(3) The identity and type of recipient (<E T="03">e.g.,</E> State, educational institution, executive agency, commercial vendor).</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Reporting Excess Government Aircraft</HD>
                <SECTION>
                  <SECTNO>§ 102-33.265</SECTNO>
                  <SUBJECT>What are our options if aircraft are excess to our needs?</SUBJECT>
                  <P>If aircraft are excess to your needs, your options include first determining if any of your sub-agencies can use the aircraft. If so, you may reassign the aircraft within your agency. If not, you must report the aircraft as excess property to GSA (see parts 102-36 and 102-37 of this subchapter B). GSA will dispose of the property, giving priority first to transferring it to another Federal agency, next to donating it as surplus property, and finally to selling it to the public as surplus.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.270</SECTNO>
                  <SUBJECT>What is the process for reporting an excess aircraft?</SUBJECT>
                  <P>To report an excess aircraft, you must submit a Standard Form (SF) 120, Report of Excess Personal Property (see § 102-2.135 of this chapter), to GSA (Federal SupplyService (FSS) Region 9, 450 Golden Gate Ave., 9FBP, San Francisco, CA 94102-3434, (415) 522-3029). You may also report electronically to GSA's Federal Disposal System(FEDS). For information on reporting excess property electronically, contact the FSSOffice of Transportation and Personal Property (FBP), 1941 Jefferson Davis Highway,Room 812, Arlington, VA 22202, (703) 305-7240.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Replacing Aircraft Through Exchange or Sale</HD>
                <SECTION>
                  <SECTNO>§ 102-33.275</SECTNO>
                  <SUBJECT>Are there restrictions on replacing aircraft by exchange or sale?</SUBJECT>
                  <P>Yes, because aircraft are on GSA's exchange/sale prohibited list (see part 102-39 of this subchapter B), you may not exchange or sell aircraft unless you obtain approval from GSA to deviate from part 102-39 of this subchapter B (see § 102-33.10 on how to request a deviation). In your letter of request to GSA, you must include the full details of your situation and the proposed transaction and certify that—</P>
                  <P>(a) Your agency's mission is dependent upon receiving a replacement aircraft;</P>
                  <P>(b) You will be replacing the aircraft with similar-type property (see § 102-39.15 of this subchapter B for a definition of “similar”);</P>
                  <P>(c) Your replacement will be on a one-for-one basis (you must request and justify a waiver from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405, to deviate from the one-for-one rule); and</P>

                  <P>(d) The exchange or sale meets all other requirements in part 102-39 of this subchapter B.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-33.275:</HD>

                    <P>The requirement to get GSA's approval for an exchange/sale does <PRTPAGE P="61"/>not apply if a Federal statute specifically authorizes your agency to exchange or sell certain aircraft. </P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.280</SECTNO>
                  <SUBJECT>What are our options if we need a replacement aircraft?</SUBJECT>
                  <P>If you need to replace an aircraft, and you have GSA's prior written approval for a deviation (see § 102-33.275), your options include—</P>
                  <P>(a) Negotiating and conducting an exchange transaction directly with an aircraft provider and obtaining credit toward the purchase of a replacement aircraft, following the procurement rules applicable to your agency; or</P>
                  <P>(b) Selling the aircraft and using the proceeds to offset the cost of purchasing a replacement aircraft, following part 102-39 of this subchapter B. The GSA can conduct sales for you; contact GSA (Region 9) for more information.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.285</SECTNO>

                  <SUBJECT>Do we need to include any special disclaimers in our exchange/sale agreements for uncertificated aircraft or aircraft that we have operated as public aircraft (<E T="03">i.e.,</E> not in compliance with the Federal Aviation Regulations, 14 CFR chapter I)?</SUBJECT>

                  <P>Yes, when you exchange or sell uncertificated aircraft or aircraft maintained as public aircraft, you must ensure that the exchange or sales offerings contain the following statement:
                  </P>
                  <EXTRACT>
                    <P>
                      <E T="03">Warning to purchasers/recipients.</E> The aircraft you have purchased or received in an exchange may not be in compliance with applicable FAA requirements. You are solely responsible for bringing the aircraft into compliance with 14 CFR chapter I, or other applicable standards, by obtaining all necessary FAA inspections or modifications. </P>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.290</SECTNO>
                  <SUBJECT>What other disclaimers must we include in our exchange/sale agreements for aircraft?</SUBJECT>

                  <P>When you exchange or sell aircraft, you must ensure that the following disclaimer is signed by the purchaser/recipient and received by the Government before releasing the aircraft to the purchaser/recipient:
                  </P>
                  <EXTRACT>
                    <P>The purchaser/recipient agrees that the Government shall not be liable for personal injuries to, disabilities of, or death of the purchaser/recipient, the purchaser's/recipient's employees, or to any other persons arising from or incident to the purchase of this aircraft, its use, or disposition. The purchaser/recipient shall hold the Government harmless from any or all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to purchase, use, or resale of this item. </P>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.295</SECTNO>
                  <SUBJECT>May we exchange or sell an aircraft through reimbursable transfer to another executive agency?</SUBJECT>
                  <P>Yes, you may exchange or sell aircraft through reimbursable transfer to another executive agency if you have prior written approval from GSA to deviate from part 102-39 of this subchapter B (see § 102-33.275). See part 102-39, subpart B, and part 102-36 of this subchapter B for more information on reimbursable transfer of property. Before offering to the public an aircraft that is eligible for exchange/sale, you should consult with other executive agencies to find out if any agency is interested in taking the aircraft for reimbursement in funds or in kind (as you are directed in part 102-39 of this subchapter B).</P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-33.295:</HD>
                    <P>Some agencies may also have special congressional authorization to recover costs. </P>
                  </NOTE>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Disposing of Aircraft Parts</HD>
                <SECTION>
                  <SECTNO>§ 102-33.300</SECTNO>
                  <SUBJECT>What must we consider before disposing of aircraft parts?</SUBJECT>

                  <P>Before disposing of aircraft parts, you must determine if they are excess to your agency's mission requirements or if you will need replacements (<E T="03">i.e.,</E> they are not excess).The table in § 102-33.240 shows the differences between excess and replacement parts.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.305</SECTNO>
                  <SUBJECT>May we report as excess, or replace, FSCAP and life-limited parts?</SUBJECT>
                  <P>Yes, you may report as excess, or replace, FSCAP and life-limited parts, but they require special handling. See the tables in § 102-33.370.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.310</SECTNO>
                  <SUBJECT>May we report as excess, or replace, unsalvageable aircraft parts?</SUBJECT>

                  <P>No, you may not report unsalvageable aircraft parts as excess or exchange or sell them for replacements. You must mutilate unsalvageable parts. You may sell the <PRTPAGE P="62"/>mutilated parts only as scrap or report that scrap to GSA for sale.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.315</SECTNO>
                  <SUBJECT>What are the procedures for mutilating unsalvageable aircraft parts?</SUBJECT>
                  <P>To mutilate unsalvageable aircraft parts, you must—</P>
                  <P>(a) Destroy the data plates, remove the serial/lot/part numbers, and cut, crush, grind, melt, burn, or use other means to prevent the parts from being misidentified or used as serviceable aircraft parts. See detailed guidance in the FAA's Advisory Circular 21-38, “Disposition of Unsalvageable Aircraft Parts and Materials,” available from the FAA.Call your regional FAA Flight Standards District Office for additional guidance;</P>
                  <P>(b) Ensure that an authorized official of your agency witnesses and documents the mutilation; and</P>
                  <P>(c) Retain a signed certification and statement of mutilation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.320</SECTNO>
                  <SUBJECT>What must we do if we are unable to perform required mutilation of aircraft parts?</SUBJECT>
                  <P>If you are unable to perform the required mutilation of aircraft parts, you must turn in the parts to a Federal or federally approved facility for mutilation and proper disposition. Ensure that any contractor follows the provisions of § 102-33.315 for mutilating and disposing of the parts.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.325</SECTNO>
                  <SUBJECT>What documentation must we furnish with excess/surplus or replaced parts when they are transferred, donated, exchanged, or sold?</SUBJECT>
                  <P>When you transfer, donate, exchange, or sell excess/surplus or replaced parts, you must—</P>
                  <P>(a) Furnish all applicable labels, tags, and historical and modification records for serviceable aircraft parts;</P>
                  <P>(b) Mark mutilated parts as unsalvageable (mutilated parts may be sold only for scrap; see § 102-33.315); and</P>
                  <P>(c) Ensure that all available tags, labels, applicable historical data, life-histories, and maintenance records accompany FSCAP and life-limited parts and that FSCAP criticality codes (see § 102-33.375) are perpetuated on documentation (see § 102-33.330 for additional requirements).</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Reporting Excess Aircraft Parts</HD>
                <SECTION>
                  <SECTNO>§ 102-33.330</SECTNO>
                  <SUBJECT>What must we do with aircraft parts that are excess to our needs?</SUBJECT>
                  <P>If you have aircraft parts that are excess to your needs, you must first determine if any of your sub-agencies can use the parts. If they can, you may reassign them within your agency. If they cannot, then you must report the excess parts to the GSA FSS Office in your region, using SF 120, Report of Excess Personal Property (see § 102-2.135 of subchapter A of this chapter). When reporting excess FSCAP, you must include the manufacturer's name, date of manufacture, part number, serial number, and the appropriate Criticality Code on the SF 120. You may report electronically using the FEDS system. For information on reporting excess property electronically, contact the FSS Office of Transportation and Personal Property (FBP), 1941 Jefferson Davis Highway, Room 812, Arlington, VA 22202, (703) 305-7240. See parts 102-36 and 102-37 of this subchapter B on disposing of excess property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.335</SECTNO>
                  <SUBJECT>What are the receiving agency's responsibilities in the transfer or donation of aircraft parts?</SUBJECT>
                  <P>An agency that receives transferred or donated aircraft parts must:</P>

                  <P>(a) Verify that all applicable labels and tags and historical and modification records are furnished with serviceable aircraft parts (<E T="03">i.e.,</E> parts that are intended for flight use). This requirement does not apply to parts for ground use only. See the tables at § 102-33.370.</P>
                  <P>(b) Mutilate all transferred or donated parts that you discover to be unsalvageable, and dispose of them properly, following the procedures in § 102-33.315.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.340</SECTNO>
                  <SUBJECT>What are GSA's responsibilities in disposing of excess and surplus aircraft parts?</SUBJECT>

                  <P>In disposing of excess aircraft parts, the GSA Federal Supply Service office in your region reviews your SF 120, Report of Excess Personal Property (see § 102-2.135 of subchapter A of this chapter) for completeness and accuracy (of <PRTPAGE P="63"/>status, condition, and FSCAP and demilitarization codes if applicable) and ensures that the following certification is included on disposal documents (<E T="03">e.g.,</E> transfer orders or purchasers' receipts):
                  </P>
                  <EXTRACT>
                    <P>Because of the critical nature of aircraft parts' failure and the resulting potential safety threat, recipients of aircraft parts must ensure that any parts installed on an aircraft meet applicable Federal Aviation Regulations and must obtain required certifications.GSA makes no representation as to a part's conformance with the Federal AviationAdministration's requirements. </P>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.345</SECTNO>
                  <SUBJECT>What are a State agency's responsibilities in the donation of FederalGovernment aircraft parts?</SUBJECT>
                  <P>When a State agency accepts surplus Federal Government aircraft parts for donation, the agency must—</P>
                  <P>(a) Review donation and transfer documents for completeness and accuracy, and ensure that the certification in § 102-33.340 is included;</P>
                  <P>(b) Ensure that when the donee determines the part to be unsalvageable, the donee mutilates the part following the procedures in § 102-33.315; and</P>

                  <P>(c) Ensure that the donee retains, maintains, and perpetuates all documentation for serviceable parts (<E T="03">i.e.,</E> parts intended for flight use).</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Replacing Aircraft Parts Through Exchange or Sale</HD>
                <SECTION>
                  <SECTNO>§ 102-33.350</SECTNO>
                  <SUBJECT>Do we need approval from GSA to replace aircraft parts by exchange or sale?</SUBJECT>
                  <P>No, you don't need approval from GSA to replace parts by exchange or sale.However, you must follow the provisions of this subpart and part 102-39 of this subchapter B. Replacement parts do not have to be for the same type or design of aircraft, but you must use the exchange allowance or sales proceeds to purchase aircraft parts to support your aviation program to meet the “similarity” requirement in part 102-39 of this subchapter B.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.355</SECTNO>
                  <SUBJECT>May we do a reimbursable transfer of parts with another executive agency?</SUBJECT>
                  <P>Yes, you may request that the Federal Supply Service office in your region approve a reimbursable transfer of aircraft parts under the exchange/sale authority in part 102-39 of this subchapter B to another executive agency as a way to receive parts in exchange or money to be used to purchase replacement parts.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.360</SECTNO>
                  <SUBJECT>What is the process for selling or exchanging aircraft parts for replacement?</SUBJECT>
                  <P>(a) You or your agent (<E T="03">e.g.,</E> another Federal agency or GSA, Federal SupplyService (FSS)) may transact an exchange or sale directly with a non-federal source or do a reimbursable transfer with another executive agency as long as you or your agent—</P>
                  <P>(1) Follow the provisions in this part and in part 102-39 of this subchapter B.</P>

                  <P>(2) Ensure that the applicable labels and tags, historical data and modification records accompany the parts at the time of sale, and that sales offerings on aircraft parts contain the following statement:
                  </P>
                  <EXTRACT>
                    <P>
                      <E T="03">Warning to purchasers/recipients.</E> The parts you have purchased or received in an exchange may not be in compliance with applicable FAA requirements. You are solely responsible for bringing the parts into compliance with 14 CFR part 21 or other applicable standards, by obtaining all necessary FAA inspections or modifications. </P>
                  </EXTRACT>
                  

                  <P>(3) Ensure that the following certification is signed by the purchaser/recipient and received by the Government before releasing parts to the purchaser/recipient:
                  </P>
                  <EXTRACT>
                    <P>The purchaser/recipient agrees that the Government shall not be liable for personal injuries to, disabilities of, or death of the purchaser/recipient, the purchaser's/recipient's employees, or to any other persons arising from or incident to the purchase of this item, its use, or disposition. The purchaser/recipient shall hold the Government harmless from any or all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to purchase, use, or resale of this item. </P>
                  </EXTRACT>
                  
                  <P>(b) GSA, Federal Supply Service (FSS), can conduct sales of aircraft parts for you. Contact your GSA Regional Office for more information.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.365</SECTNO>
                  <SUBJECT>Must we report exchange or sale of parts to FAIRS?</SUBJECT>

                  <P>No, you don't have to report exchange or sale of parts to FAIRS. However, you must keep records of the <PRTPAGE P="64"/>transactions, which GSA may request to see.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Special Requirements for Disposing of Flight Safety Critical Aircraft Parts (FSCAP) and Life-Limited Parts</HD>
                <SECTION>
                  <SECTNO>§ 102-33.370</SECTNO>
                  <SUBJECT>What must we do to dispose of military FSCAP or life-limited parts?</SUBJECT>
                  <P>To dispose of military FSCAP or life-limited parts, you must use the following tables:</P>
                  <P>(a) Table 1 for disposing of uninstalled FSCAP and life-limited parts follows:</P>
                  <GPOTABLE CDEF="s50,r50,r100" COLS="3" OPTS="L2,p1,8/9,i1">
                    <TTITLE>Table 1 for Disposing of Uninstalled FSCAP and Life-Limited Parts</TTITLE>
                    <ROW>
                      <ENT I="21">(1) If an Uninstalled FSCAP (<E T="03">i.e.,</E> not installed in an aircraft or engine)—</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">(i) Is documented</ENT>
                      <ENT>Then</ENT>
                      <ENT>(A) You may exchange or sell it or transfer it to another executive agency under parts 102-36 and 102-39 of this subchapter B and the rules in this part;<LI>(B) GSA may donate it for flight use under part 102-37 of this subchapter B; or</LI>
                        <LI>(C) GSA may donate it for ground use only, after you mutilate and mark it, “FSCAP—NOT AIRWORTHY” (the State Agency for Surplus Property must certify that the part has been mutilated and marked before donation).</LI>
                      </ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01" O="xl">(ii) Is undocumented, but traceable to its original equipment manufacturer (OEM) or production approval holder (PAH)—</ENT>
                      <ENT>Then</ENT>
                      <ENT>(A) You may exchange or sell it only to the OEM or PAH under part 102-39 of this subchapter B;<LI>(B) GSA may transfer or donate it for flight use, but only by making it a condition of the transfer or donation agreement that the recipient will have the part inspected, repaired, and certified by the OEM or PAH before putting it into service (Note: Mark parts individually to ensure that the recipient is aware of the parts' service status); or</LI>
                        <LI>(C) GSA may donate it for ground use only, after you mutilate and mark it, “FSCAP—NOT AIRWORTHY” (the State Agency for Surplus Property must certify that the part has been mutilated and marked before donation).</LI>
                      </ENT>
                    </ROW>
                    <ROW>
                      <PRTPAGE P="65"/>
                      <ENT I="01" O="xl">(iii) Is undocumented and untraceable, you must mutilate it, and—</ENT>
                      <ENT>Then</ENT>
                      <ENT>(A) GSA may transfer or donate it for ground use only, after you mark it, “FSCAP—NOT AIRWORTHY” (the State Agency for Surplus Property must certify that the part has been mutilated and marked before donation); or<LI>(B) You may sell it only for scrap under §§ 102-33.310 and 102-33.315.</LI>
                      </ENT>
                    </ROW>
                    <ROW>
                      <ENT I="21">(2) If an uninstalled life-limited part (<E T="03">i.e.,</E> not installed in an aircraft or engine)—</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">(i) Is documented with service life remaining</ENT>
                      <ENT>Then</ENT>
                      <ENT>(A) You may exchange or sell it or transfer it to another executive agency under parts 102-36 and 102-39 of this subchapter B and the rules in this part;<LI>(B) GSA may donate it for flight use under part 102-37 of this subchapter B; or</LI>
                        <LI>(C) GSA may donate it for ground use only, after you mutilate and mark it, “EXPIRED LIFE-LIMITED—NOT AIRWORTHY” (the State Agency for Surplus Property must certify that the part has been mutilated and marked before donation).</LI>
                      </ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01" O="xl">(ii) Is documented with no service life remaining, or undocumented, GSA may not transfer it to another executive agency for flight use—</ENT>
                      <ENT>But</ENT>
                      <ENT>(A) GSA may transfer or donate it for ground use only, after you mutilate and mark it, “EXPIRED LIFE-LIMITED—NOT AIRWORTHY” (the State Agency for Surplus Property must certify that the part has been mutilated and marked before donation); or<LI>(B) You must mutilate it and may sell it only for scrap.</LI>
                      </ENT>
                    </ROW>
                  </GPOTABLE>

                  <P>(b) Table 2 for disposing of installed life-limited parts follows:<PRTPAGE P="66"/>
                  </P>
                  <GPOTABLE CDEF="s50,r40,r100" COLS="3" OPTS="L2,p1,8/9,i1">
                    <TTITLE>Table 2 for Disposing of Installed Life-Limited Parts</TTITLE>
                    <BOXHD>
                      <CHED H="1"/>
                      <CHED H="1"/>
                      <CHED H="1"/>
                    </BOXHD>
                    <ROW>
                      <ENT I="11">(1) If a life-limited part is installed in an aircraft or an engine, and it—</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01" O="xl">(i) Is documented with service life remaining—</ENT>
                      <ENT>Then</ENT>
                      <ENT>(A) You may exchange or sell the aircraft or engine, or GSA may tranfer the aircraft or engine to another executive agency under parts 102-36 and 102-39 of this subchapter B and the rules in this part;<LI>(B) GSA may donate the aircraft or engine for flight use; or</LI>
                        <LI>(C) GSA may donate the aircraft or engine for ground use only, after you remove the part, mutilate it and mark it, “EXPIRED LIFE-LIMITED—NOT AIRWORTHY.” (Note: An internal engine part may be left installed, if, as a condition of the donation agreement, the receiving donee agrees to remove and mutilate the part, and mark it (the State Agency for Surplus Property must certify that the part has been multilated and marked)).</LI>
                      </ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01" O="xl">(ii) Is documented with no service life remaining, or undocumented—</ENT>
                      <ENT>Then</ENT>
                      <ENT>(A) You must remove and mutilate the part before you exchange or sell the aircraft or engine (see rules for disposing of uninstalled life-limited parts in Table 1 of paragraph (a) of this section). (Note: If an aircraft or engine is exchanged or sold to its OEM or PAH, you do not have to remove the expired life-limited part);<LI>(B) You must remove and mutilate it before GSA may transfer or donate the aircraft or engine for flight use (see the rules for disposing of uninstalled FSCAP in Table 1 in paragraph (a) of this section). (Note: An internal engine part may be left installed, if you identify the part individually to ensure that the receiving agency is aware of the part's service status and, as a condition of the transfer or donation agreement, the receiving agency agrees to remove and mutilate the part before the engine is put into service. You must certify mutilation for transfers, and the State Agency for Surplus Property must certify that the part has been mutilated for donations); or</LI>
                        <LI>(C) GSA may donate the aircraft or engine for ground use only, after you remove the part, mutilate and mark it “EXPIRED LIFE-LIMITED—NOT AIRWORTHY.” (Note: An internal engine part may be left installed, if, as a condition of the donation agreement, the receiving agency agrees to remove and mutilate the part and mark it (the State Agency for Surplus Property must certify that the part has been mutilated and marked)). </LI>
                      </ENT>
                    </ROW>
                  </GPOTABLE>

                  <CITA>[67 FR 67743, Nov. 6, 2002; 67 FR 70480, Nov. 22, 2002]<PRTPAGE P="67"/>
                  </CITA>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.375</SECTNO>
                  <SUBJECT>What is a FSCAP Criticality Code?</SUBJECT>
                  <P>A FSCAP Criticality Code is a code assigned by DOD to indicate the type of FSCAP: Code “F” indicates a standard FSCAP; Code “E” indicates a nuclear-hardened FSCAP. You must perpetuate a FSCAP's Criticality Code on all property records and reports of excess. If the code is not annotated on the transfer document that you received when you acquired the part, you may contact the appropriate military service or query DOD's Federal Logistics Information System (FLIS—FedLog) using the National Stock Number (NSN) or the part number. For assistance in subscribing to the FLIS service, contact the FedLog Consumer Support Office, 800-351-4381.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Reporting Information on Government Aircraft</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Overview</HD>
                <SECTION>
                  <SECTNO>§ 102-33.380</SECTNO>
                  <SUBJECT>Who must report information to GSA on Government aircraft?</SUBJECT>
                  <P>You must report information to GSA on Government aircraft if your agency—</P>
                  <P>(a) Is an executive agency of the United States Government; and</P>
                  <P>(b) Owns, lease-purchases, bails, borrows, loans, leases, rents, charters, or contracts for (or obtains by inter-service support agreement) Government aircraft.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.385</SECTNO>
                  <SUBJECT>Is any civilian executive agency exempt from the requirement to report information to GSA on Government aircraft?</SUBJECT>
                  <P>No civilian executive agency is exempt, however, the Armed Forces (including the U.S. Coast Guard, the Reserves, and the National Guard) and U.S. intelligence agencies are exempt from the requirement to report to GSA on Government aircraft.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.390</SECTNO>
                  <SUBJECT>What information must we report on Government aircraft?</SUBJECT>
                  <P>(a) You must report the following information to GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405:</P>
                  <P>(1) Inventory data on Federal aircraft through FAIRS.</P>
                  <P>(2) Cost and utilization data on Federal aircraft through FAIRS.</P>
                  <P>(3) Cost and utilization data on CAS aircraft and related aviation services through FAIRS.</P>
                  <P>(4) Accident and incident data through the ICAP Aircraft Accident IncidentReporting System (AAIRS).</P>
                  <P>(5) The results of cost-comparison studies in compliance with OMB Circular A-76 to justify purchasing, leasing, modernizing, replacing, or otherwise acquiring aircraft and related aviation services.</P>
                  <P>(b) Information on senior Federal officials and others who travel on Government aircraft to GSA, Travel Management Policy Division (MTT), 1800 F Street, NW., Washington, DC 20405 (see OMB Circular A-126 for specific rules and a definition of senior Federal official).</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Federal Aviation Interactive Reporting System (FAIRS)</HD>
                <SECTION>
                  <SECTNO>§ 102-33.395</SECTNO>
                  <SUBJECT>What is FAIRS?</SUBJECT>
                  <P>FAIRS is a management information system operated by GSA (MTA) to collect, maintain, analyze, and report information on Federal aircraft inventories and cost and usage of Federal aircraft and CAS aircraft (and related aviation services). Users access FAIRS through a highly-secure Web site. The “FAIRS User's Manual” contains the business rules for using the system and is available from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.400</SECTNO>
                  <SUBJECT>How must we report to FAIRS?</SUBJECT>
                  <P>You must report to FAIRS electronically through a secure Web interface to the FAIRS application on the Internet. For information on becoming a FAIRS user, call GSA, Aircraft Management Policy Division, (MTA).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.405</SECTNO>
                  <SUBJECT>When must we report to FAIRS?</SUBJECT>

                  <P>You must report any changes in your Federal aircraft inventory within 14 calendar days. You must report cost and utilization data to FAIRS at the end of every quarter of the fiscal year <PRTPAGE P="68"/>(December 31, March 31, June 30, and September 30). However, you may submit your information to FAIRS on a daily, weekly, or monthly basis. To provide enough time to calculate your cost and utilization data, you may report any one quarter's cost and utilization in the following quarter, as follows:</P>
                  <GPOTABLE CDEF="s100,xs200" COLS="2" OPTS="L2">
                    <BOXHD>
                      <CHED H="1">Quarter</CHED>
                      <CHED H="1">Submit</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">QTR 1—October 1—December 31</ENT>
                      <ENT>Federal inventory for QTR 1.<LI>Federal cost and utilization for previous QTR 4.</LI>
                        <LI>CAS cost and utilization for previous QTR 4.</LI>
                      </ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">QTR 2—January 1—March 31</ENT>
                      <ENT>Federal inventory for QTR 2.<LI>Federal cost and utilization for QTR 1.</LI>
                        <LI>CAS cost and utilization for QTR 1.</LI>
                      </ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">QTR 3—April 1—June 30</ENT>
                      <ENT>Federal inventory for QTR 3.<LI>Federal cost and utilization for QTR 2.</LI>
                        <LI>CAS cost and utilization for QTR 2.</LI>
                      </ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">QTR 4—July 1—September 30</ENT>
                      <ENT>Federal inventory for QTR 4.<LI>Federal cost and utilization for QTR 3.</LI>
                        <LI>CAS cost and utilization for QTR 3.</LI>
                      </ENT>
                    </ROW>
                  </GPOTABLE>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Federal Inventory Data</HD>
                <SECTION>
                  <SECTNO>§ 102-33.410</SECTNO>
                  <SUBJECT>What are Federal inventory data?</SUBJECT>
                  <P>Federal inventory data include information on each of the operational and non-operational Federal aircraft that you own, bail, borrow, or loan. See the “FAIRS User's Manual,” published by GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405, for a complete listing and definitions of the FAIRS Federal inventory data elements.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.415</SECTNO>
                  <SUBJECT>When may we declassify an aircraft and remove it from our Federal aircraft inventory?</SUBJECT>
                  <P>When an aircraft is lost or destroyed, or is otherwise non-operational and you want to retain it, you may declassify it and remove it from your Federal aircraft inventory. When you declassify an aircraft, you remove the data plate permanently, and the resulting “aircraft parts or other property” are no longer considered an aircraft. See §§ 102-33.415 through 102-33.420 for rules on declassifying aircraft, and see part 102-36 or 102-37 of this subchapter B on reporting declassified aircraft as excess.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.420</SECTNO>
                  <SUBJECT>How must we declassify an aircraft?</SUBJECT>
                  <P>To declassify an aircraft, you must—</P>
                  <P>(a) Send a letter to GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405, requesting approval to declassify the aircraft and stating that the aircraft is non-operational (which includes lost or destroyed). In this letter, identify the Federal Supply Classification (FSC) group(s) that the declassified aircraft/parts will fall under if applicable, describe the condition of the aircraft (crash-damaged, unrecoverable, parts unavailable, etc.), and include photographs as appropriate.</P>
                  <P>(b) Within 14 calendar days of receiving GSA's approval to declassify the aircraft—</P>
                  <P>(1) Following applicable Federal Aviation Regulations (14 CFR 45.13), request approval from your local FAA Flight Standards District Office (FSDO) to remove the manufacturer's data plate;</P>
                  <P>(2) Within 14 calendar days of receiving approval from FAA to remove the data plate, inform GSA (MTA) of FAA's approval, send the data plate by courier or registered mail to the FAA, as directed by your FSDO, and remove any Certificate of Airworthiness and the aircraft's registration form from the aircraft, complete the reverse side of the registration form, and send both documents to the FAA.</P>
                  <P>(c) Delete the aircraft from your FAIRS inventory records and update your personal property records, deleting the declassified aircraft from the aircraft category and adding it to another Federal Supply Classification group or groups, as appropriate.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="69"/>
                <HD SOURCE="HED">Federal Aircraft Cost and Utilization Data</HD>
                <SECTION>
                  <SECTNO>§ 102-33.425</SECTNO>
                  <SUBJECT>What Federal aircraft cost and utilization data must we report?</SUBJECT>
                  <P>You must report certain costs for each of your Federal aircraft and the number of hours that you flew each aircraft. In reporting the costs of your Federal aircraft, you must report both the amounts you paid as Federal costs, which are for services the Government provides, and the amounts you paid as commercial costs in support of your Federal aircraft. For a list and definitions of the Federal aircraft cost and utilization data elements, see the “FAIRS User's Manual,” which is available from GSA, AircraftManagement Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.430</SECTNO>
                  <SUBJECT>Who must report Federal aircraft cost and utilization data?</SUBJECT>
                  <P>Executive agencies, except the Armed Forces and U.S. intelligence agencies, must report Federal cost and utilization data on all Federal aircraft. Agencies should report Federal cost and utilization data for loaned aircraft only if Federal money was expended on the aircraft.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Commercial Aviation Services (CAS) Cost and Utilization Data</HD>
                <SECTION>
                  <SECTNO>§ 102-33.435</SECTNO>
                  <SUBJECT>What CAS cost and utilization data must we report?</SUBJECT>

                  <P>You must report the costs and flying hours for each CAS aircraft you hire. You must also report the costs and contractual periods for related aviation services that you hire (<E T="03">i.e.,</E> by contract or through an inter-service support agreement (ISSA)). Report related aviation services that you hire commercially in support of Federal aircraft as “paid out” Federal aircraft costs—do not report them as CAS. See the “FAIRS User's Manual,” available from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405 for a complete description of the CAS data elements reportable to FAIRS.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.440</SECTNO>
                  <SUBJECT>Who must report CAS cost and utilization data?</SUBJECT>
                  <P>Executive agencies, except the Armed Forces and U.S. intelligence agencies, must report CAS cost and utilization data. You must report CAS cost and utilization data if your agency makes payments to—</P>
                  <P>(a) Charter or rent aircraft;</P>
                  <P>(b) Lease or lease-purchase aircraft;</P>
                  <P>(c) Hire aircraft and related services through an ISSA or a full service contract; or</P>
                  <P>(d) Obtain related aviation services through an ISSA or by contract except when you use the services in support of Federal aircraft.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Accident and Incident Data</HD>
                <SECTION>
                  <SECTNO>§ 102-33.445</SECTNO>
                  <SUBJECT>What accident and incident data must we report?</SUBJECT>
                  <P>You must report within 14 calendar days to GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405, all aviation accidents and incidents that your agency is required to report to the NTSB. You may also report other incident information. The GSA and the ICAP will use the collected accident/incident information in conjunction with FAIRS' data, such as flying hours and missions, to calculate safety statistics for the Federal aviation community and to share safety lessons-learned.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.450</SECTNO>
                  <SUBJECT>How must we report accident and incident data?</SUBJECT>
                  <P>You must report accident and incident data through the ICAP Aviation Accident and Incident Reporting System (AAIRS), which is accessible from the Internet. Instructions for using the system and the data elements and definitions for accident/incident reporting are available through the system or from GSA, AircraftManagement Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Common Aviation Management Information Standard (C-AMIS)</HD>
                <SECTION>
                  <SECTNO>§ 102-33.455</SECTNO>
                  <SUBJECT>What is C-AMIS?</SUBJECT>

                  <P>Common Aviation Management Information Standard (C-AMIS), jointly written by the ICAP and GSA and <PRTPAGE P="70"/>available from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405, is a guide to assist agencies in developing or modernizing their internal aviation management information systems. C-AMIS includes standard specifications and data definitions related to Federal aviation operations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-33.460</SECTNO>
                  <SUBJECT>What is our responsibility in relation to C-AMIS?</SUBJECT>
                  <P>If you use a management information system to provide data to FAIRS by batch upload, you are responsible for ensuring that your system is C-AMIS-compliant. For more information on compliance with C-AMIS, contact GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt.102-34</EAR>
            <HD SOURCE="HED">PART 102-34—MOTOR VEHICLE MANAGEMENT</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-34.5</SECTNO>
              <SUBJECT>Preamble.</SUBJECT>
              <SECTNO>102-34.10</SECTNO>
              <SUBJECT>What definitions apply to motor vehicle management?</SUBJECT>
              <SECTNO>102-34.15</SECTNO>
              <SUBJECT>What motor vehicles are not covered by this part?</SUBJECT>
              <SECTNO>102-34.20</SECTNO>
              <SUBJECT>What types of motor vehicle fleets are there?</SUBJECT>
              <SECTNO>102-34.25</SECTNO>
              <SUBJECT>What sources of supply are available for obtaining motor vehicles?</SUBJECT>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—Obtaining Fuel Efficient Motor Vehicles</HD>
                <SECTNO>102-34.30</SECTNO>
                <SUBJECT>Who must comply with motor vehicle fuel efficiency requirements?</SUBJECT>
                <SECTNO>102-34.35</SECTNO>
                <SUBJECT>What are the procedures for purchasing and leasing motor vehicles?</SUBJECT>
                <SECTNO>102-34.40</SECTNO>
                <SUBJECT>How are passenger automobiles classified?</SUBJECT>
                <SECTNO>102-34.45</SECTNO>
                <SUBJECT>What size motor vehicles may we purchase and lease?</SUBJECT>
                <SECTNO>102-34.50</SECTNO>
                <SUBJECT>What are fleet average fuel economy standards?</SUBJECT>
                <SECTNO>102-34.55</SECTNO>
                <SUBJECT>What are the minimum fleet average fuel economy standards?</SUBJECT>
                <SECTNO>102-34.60</SECTNO>
                <SUBJECT>How do we calculate the average fuel economy for our fleet?</SUBJECT>
                <SECTNO>102-34.65</SECTNO>
                <SUBJECT>How may we request an exemption from the fuel economy standards?</SUBJECT>
                <SECTNO>102-34.70</SECTNO>
                <SUBJECT>How does GSA monitor the fuel economy of purchased and leased motor vehicles?</SUBJECT>
                <SECTNO>102-34.75</SECTNO>
                <SUBJECT>How must we report fuel economy data for passenger automobiles and light trucks we purchase or commercially lease?</SUBJECT>
                <SECTNO>102-34.80</SECTNO>
                <SUBJECT>Do we report fuel economy data for passenger automobiles and light trucks purchased for our agency by the GSA Automotive Division?</SUBJECT>
                <SECTNO>102.-34.85</SECTNO>
                <SUBJECT>Do we have to submit a negative report if we don't purchase or lease any motor vehicles in a fiscal year?</SUBJECT>
                <SECTNO>102-34.90</SECTNO>
                <SUBJECT>Are any motor vehicles exempted from these reporting requirements?</SUBJECT>
                <SECTNO>102-34.95</SECTNO>
                <SUBJECT>Does fleet average fuel economy reporting affect our acquisition plan?</SUBJECT>
                <SECTNO>102-34.100</SECTNO>
                <SUBJECT>Where may we obtain help with our motor vehicle acquisition plan?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Identifying and Registering Motor Vehicles</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Motor Vehicle Identification</HD>
                  <SECTNO>102-34.105</SECTNO>
                  <SUBJECT>What motor vehicles require motor vehicle identification?</SUBJECT>
                  <SECTNO>102-34.110</SECTNO>
                  <SUBJECT>What motor vehicle identification must we put on motor vehicles we purchase or lease?</SUBJECT>
                  <SECTNO>102-34.115</SECTNO>
                  <SUBJECT>What motor vehicle identification must the Department of Defense (DOD) put on motor vehicles it purchases or leases?</SUBJECT>
                  <SECTNO>102-34.120</SECTNO>
                  <SUBJECT> Where is motor vehicle identification placed on purchased and leased motor vehicles?</SUBJECT>
                  <SECTNO>102-34.125</SECTNO>
                  <SUBJECT>Before we sell a motor vehicle, what motor vehicle identification or markings must we remove?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">License Plates</HD>
                  <SECTNO>102-34.130</SECTNO>
                  <SUBJECT>Must our motor vehicles use Government license plates?</SUBJECT>
                  <SECTNO>102-34.135</SECTNO>
                  <SUBJECT>Do we need to register motor vehicles owned or leased by the Government?</SUBJECT>
                  <SECTNO>102-34.140</SECTNO>
                  <SUBJECT>Where may we obtain U.S. Government license plates?</SUBJECT>
                  <SECTNO>102-34.145</SECTNO>
                  <SUBJECT>How do we display license plates on motor vehicles?</SUBJECT>
                  <SECTNO>102-34.150</SECTNO>
                  <SUBJECT>What do we do about a lost or stolen license plate?</SUBJECT>
                  <SECTNO>102-34.155</SECTNO>
                  <SUBJECT>What records do we need to keep on U.S. Government license plates?</SUBJECT>
                  <SECTNO>102-34.160</SECTNO>
                  <SUBJECT>How are U.S. Government license plates coded and numbered?</SUBJECT>
                  <SECTNO>102-34.165</SECTNO>
                  <SUBJECT>How can we get a new license plate code designation?</SUBJECT>
                  <SECTNO>102-34.170</SECTNO>
                  <SUBJECT>Are there special licensing procedures for motor vehicles operating in the District of Columbia (DC)?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Identification Exemptions</HD>
                  <SECTNO>102-34.175</SECTNO>
                  <SUBJECT>What types of exemptions are there?</SUBJECT>
                  <SECTNO>102-34.180</SECTNO>
                  <SUBJECT>May we have a limited exemption from displaying U.S. Government license plates and other motor vehicle identification?</SUBJECT>
                  <SECTNO>102-34.185</SECTNO>

                  <SUBJECT>What information must the certification contain?<PRTPAGE P="71"/>
                  </SUBJECT>
                  <SECTNO>102-34.190</SECTNO>
                  <SUBJECT>For how long is a limited exemption valid?</SUBJECT>
                  <SECTNO>102-34.195</SECTNO>
                  <SUBJECT>What agencies have an unlimited exemption from displaying U.S. Government license plates and motor vehicle identification?</SUBJECT>
                  <SECTNO>102-34.200</SECTNO>
                  <SUBJECT>What agencies have a special exemption from displaying U.S. Government license plates and motor vehicle identification?</SUBJECT>
                  <SECTNO>102-34.205</SECTNO>
                  <SUBJECT>What license plates and motor vehicle identification do we use on motor vehicles that are exempt from motor vehicle identification and U.S. Government license plates?</SUBJECT>
                  <SECTNO>102-34.210</SECTNO>
                  <SUBJECT>What special requirements apply to exempted motor vehicles operating in the District of Columbia?</SUBJECT>
                  <SECTNO>102-34.215</SECTNO>
                  <SUBJECT>Can GSA ask for a listing of exempted motor vehicles?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Official Use of Government Motor Vehicles</HD>
                <SECTNO>102-34.220</SECTNO>
                <SUBJECT>What is official use of a motor vehicle owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.225</SECTNO>
                <SUBJECT>May I use a motor vehicle owned or leased by the Government for transportation between my residence and place of employment?</SUBJECT>
                <SECTNO>102-34.230</SECTNO>
                <SUBJECT>May Government contractors use motor vehicles owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.235</SECTNO>
                <SUBJECT>What does GSA do if it learns of unofficial use of a motor vehicle owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.240</SECTNO>
                <SUBJECT>How are Federal employees disciplined for misuse of motor vehicles owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.245</SECTNO>
                <SUBJECT>How am I responsible for protecting motor vehicles?</SUBJECT>
                <SECTNO>102-34.250</SECTNO>
                <SUBJECT>Am I bound by State and local traffic laws?</SUBJECT>
                <SECTNO>102-34.255</SECTNO>
                <SUBJECT>Who pays for parking fees and fines?</SUBJECT>
                <SECTNO>102-34.260</SECTNO>
                <SUBJECT>Do Federal employees in motor vehicles owned or leased by the Government have to use safety belts?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Replacement of Motor Vehicles</HD>
                <SECTNO>102-34.265</SECTNO>
                <SUBJECT>What are motor vehicle replacement standards?</SUBJECT>
                <SECTNO>102-34.270</SECTNO>
                <SUBJECT>May we replace a Government-owned motor vehicle sooner?</SUBJECT>
                <SECTNO>102-34.275</SECTNO>
                <SUBJECT>May we keep a Government-owned motor vehicle even though the standard permits replacement?</SUBJECT>
                <SECTNO>102-34.280</SECTNO>
                <SUBJECT>How long must we keep a Government-owned motor vehicle?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Scheduled Maintenance of Motor Vehicles</HD>
                <SECTNO>102-34.285</SECTNO>
                <SUBJECT>What kind of maintenance programs must we have?</SUBJECT>
                <SECTNO>102-34.290</SECTNO>
                <SUBJECT>Must our motor vehicles pass State inspections?</SUBJECT>
                <SECTNO>102-34.295</SECTNO>
                <SUBJECT>Where can we obtain help in setting up a maintenance program?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart F—Motor Vehicle Accident Reporting</HD>
                <SECTNO>102-34.300</SECTNO>
                <SUBJECT>What forms do I use to report an accident involving a motor vehicle owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.305</SECTNO>
                <SUBJECT>To whom do we send accident reports?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart G—Disposal of Motor Vehicles</HD>
                <SECTNO>102-34.310</SECTNO>
                <SUBJECT>How do we dispose of a motor vehicle in any State, Commonwealth, territory or possession of the United States, or the District of Columbia?</SUBJECT>
                <SECTNO>102-34.315</SECTNO>
                <SUBJECT>What forms do we use to transfer ownership when selling a motor vehicle?</SUBJECT>
                <SECTNO>102-34.320</SECTNO>
                <SUBJECT>How do we distribute the completed Standard Form 97?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart H—Motor Vehicle Fueling</HD>
                <SECTNO>102-34.325</SECTNO>
                <SUBJECT>How do we obtain fuel for motor vehicles?</SUBJECT>
                <SECTNO>102-34.330</SECTNO>
                <SUBJECT>What Government-issued charge cards may I use to purchase fuel and motor vehicle related services?</SUBJECT>
                <SECTNO>102-34.335</SECTNO>
                <SUBJECT>What type of fuel do I use in motor vehicles?</SUBJECT>
                <SECTNO>102-34.340</SECTNO>
                <SUBJECT>Do I have to use self-service fuel pumps?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart I—Federal Motor Vehicle Fleet Report</HD>
                <SECTNO>102-34.345</SECTNO>
                <SUBJECT>What is the Federal Motor Vehicle Fleet Report?</SUBJECT>
                <SECTNO>102-34.350</SECTNO>
                <SUBJECT>What records do we need to keep?</SUBJECT>
                <SECTNO>102-34.355</SECTNO>
                <SUBJECT>When and how do we report motor vehicle data?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart J—Forms</HD>
                <SECTNO>102-34.360</SECTNO>
                <SUBJECT>How do we obtain the forms prescribed in this part?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>64 FR 59593, Nov. 2, 1999, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-34.5</SECTNO>
              <SUBJECT>Preamble.</SUBJECT>

              <P>(a) This part governs the economical and efficient management and control of motor vehicles that the Government owns or leases. Agencies will incorporate appropriate provisions of this <PRTPAGE P="72"/>part into contracts offering Government-furnished equipment in order to ensure adequate control over the use of motor vehicles.</P>
              <P>(b) The questions and associated answers in this part are regulatory in effect. Thus compliance with the written text of this part is required by all executive agencies.</P>
              <P>(c) The terms “we,” “I,” “our,” “you,” and “your,” when used in this part, mean you as an executive agency, as your agency's fleet manager, or as a motor vehicle user or operator, as appropriate.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-34.10</SECTNO>
              <SUBJECT>What definitions apply to motor vehicle management?</SUBJECT>
              <P>The following definitions apply to motor vehicle management:</P>
              <P>
                <E T="03">Commercial design motor vehicle</E> means a motor vehicle procurable from regular production lines and designed for use by the general public.</P>
              <P>
                <E T="03">Domestic fleet</E> (see § 102-34.20(a)).</P>
              <P>
                <E T="03">Foreign fleet</E> (see § 102-34.20(b)).</P>
              <P>
                <E T="03">GSA Fleet lease</E> (see § 102-34.25(d)).</P>
              <P>
                <E T="03">Large fleet</E> (see § 102-34.20(d)).</P>
              <P>
                <E T="03">Law enforcement motor vehicle</E> means a passenger automobile or light truck that is specifically approved in an agency's appropriation act for use in apprehension, surveillance, police or other law enforcement work or specifically designed for use in law enforcement. If not identified in an agency's appropriation language, a motor vehicle qualifies as a law enforcement motor vehicle only in the following cases:</P>
              <P>(1) A passenger automobile having heavy duty components for electrical, cooling and suspension systems and at least the next higher cubic inch displacement or more powerful engine than is standard for the automobile concerned.</P>
              <P>(2) A light truck having emergency warning lights and identified with markings such as “police.”</P>
              <P>(3) An unmarked motor vehicle certified by the agency head as essential for the safe and efficient performance of intelligence, counterintelligence, protective, or other law enforcement duties.</P>
              <P>(4) A motor vehicle seized by a Federal agency that is subsequently used for the purpose of performing law enforcement activities.</P>
              <P>
                <E T="03">Light duty motor vehicle</E> means any motor vehicle with a gross motor vehicle weight rating (GVWR) of 8,500 pounds or less.</P>
              <P>
                <E T="03">Light truck</E> means a motor vehicle on a truck chassis with a gross motor vehicle weight rating (GVWR) of 8,500 pounds or less.</P>
              <P>
                <E T="03">Military design motor vehicle</E> means a motor vehicle (excluding general-purpose motor vehicles) designed according to military specifications to support directly combat or tactical operations or training for such operations.</P>
              <P>
                <E T="03">Motor vehicle</E> means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, but does not include a military design motor vehicle or vehicles not covered by this part (see § 102-34.15).</P>
              <P>
                <E T="03">Motor vehicle identification</E> (also referred to as “motor vehicle markings”) means the legends “For Official Use Only” and “U.S. Government” placed on a motor vehicle plus other legends showing the full name of the department, agency, establishment, corporation, or service by which the motor vehicle is used. This identification is usually a decal placed in the rear window or on the side of the motor vehicle.</P>
              <P>
                <E T="03">Motor vehicle lease</E> (see § 102-34.25(b)).</P>
              <P>
                <E T="03">Motor vehicle markings</E> (see “Motor vehicle identification” in this section).</P>
              <P>
                <E T="03">Motor vehicle purchase</E> (see § 102-34.25(a)).</P>
              <P>
                <E T="03">Motor vehicle rental</E> (see § 102-34.25(c)).</P>
              <P>
                <E T="03">Motor vehicles transferred from excess</E> (see § 102-34.25(e)).</P>
              <P>
                <E T="03">Owning agency</E> means the executive agency that holds the vehicle title, manufacturer's Certificate of Origin, or is the lessee of a motor vehicle lease. This term does not apply to agencies that lease motor vehicles from the GSA Fleet.</P>
              <P>
                <E T="03">Passenger automobile</E> means a sedan or station wagon designed primarily to transport people.</P>
              <P>
                <E T="03">Reportable motor vehicles</E> are vehicles which are reported to GSA as outlined in Subpart I of this part:</P>

              <P>(1) Included are sedans, station wagons, buses, ambulances, vans, utility <PRTPAGE P="73"/>motor vehicles, trucks and truck tractors, regardless of fuel type.</P>
              <P>(2) Excluded are fire trucks, motorcycles, military-design motor vehicles, semi-trailers, trailers and other trailing equipment such as pole trailers, dollies, cable reels, trailer coaches and bogies, and trucks with permanently mounted equipment such as generators and air compressors.</P>
              <P>
                <E T="03">Small fleet</E> (see § 102-34.20(c)).</P>
              <P>
                <E T="03">Using agency</E> means a Federal agency that obtains motor vehicles from the GSA Fleet, commercial firms or another Federal agency and does not hold the vehicle title or manufacturer's Certificate of Origin. However, this does not include a Federal agency that obtains a motor vehicle by motor vehicle rental.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-34.15</SECTNO>
              <SUBJECT>What motor vehicles are not covered by this part?</SUBJECT>
              <P>Motor vehicles not covered are:</P>
              <P>(a) Designed or used for military field training, combat, or tactical purposes;</P>
              <P>(b) Used principally within the confines of a regularly established military post, camp, or depot; or</P>
              <P>(c) Used by an agency in the performance of investigative, law enforcement, or intelligence duties if the head of such agency determines that exclusive control of such vehicle is essential to the effective performance of such duties, although such vehicles are subject to subpart C and subpart I of this part.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-34.20</SECTNO>
              <SUBJECT>What types of motor vehicle fleets are there?</SUBJECT>
              <P>The types of motor vehicle fleets are:</P>
              <P>(a) <E T="03">Domestic fleet</E> means all reportable agency-owned motor vehicles operated in any State, Commonwealth, territory or possession of the United States, and the District of Columbia.</P>
              <P>(b) <E T="03">Foreign fleet</E> means all reportable agency-owned motor vehicles operated in areas outside any State, Commonwealth, territory or possession of the United States, and the District of Columbia.</P>
              <P>(c) <E T="03">Small fleet</E> means a fleet of fewer than 2,000 reportable agency-owned motor vehicles, worldwide.</P>
              <P>(d) <E T="03">Large fleet</E> means a fleet of 2,000 or more reportable agency-owned motor vehicles, worldwide.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-34.25</SECTNO>
              <SUBJECT>What sources of supply are available for obtaining motor vehicles?</SUBJECT>
              <P>The following sources of supply are available:</P>
              <P>(a) <E T="03">Motor vehicle purchase</E> means buying a motor vehicle from a commercial source, usually a motor vehicle manufacturer or a motor vehicle manufacturer's dealership.</P>
              <P>(b) <E T="03">Motor vehicle lease</E> means obtaining a motor vehicle by contract or other arrangement from a commercial source for 60 continuous days or more.</P>
              <P>(c) <E T="03">Motor vehicle rental</E> means obtaining a motor vehicle by contract or other arrangement from a commercial source for less than 60 continuous days.</P>
              <P>(d) <E T="03">GSA Fleet lease</E> means obtaining a motor vehicle from the General Services Administration (GSA Fleet). Where “lease” is used alone within this part, it refers to “motor vehicle lease” in paragraph (b) of this section and not GSA Fleet lease.</P>
              <P>(e) <E T="03">Motor vehicles transferred from excess</E> means obtaining a motor vehicle reported as excess and transferred with or without cost.</P>
            </SECTION>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—Obtaining Fuel Efficient Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.30</SECTNO>
                <SUBJECT>Who must comply with motor vehicle fuel efficiency requirements?</SUBJECT>
                <P>Executive agencies located in any State, Commonwealth, territory or possession of the United States, and the District of Columbia which operate motor vehicles owned or leased by the Government in the conduct of official business. This subpart does not apply to motor vehicles exempted by law or other regulations, such as law enforcement and motor vehicles in foreign areas. Other Federal agencies are encouraged to comply so that maximum energy conservation benefits may be realized in obtaining, operating, and managing motor vehicles owned or leased by the Government.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.35</SECTNO>
                <SUBJECT>What are the procedures for purchasing and leasing motor vehicles?</SUBJECT>
                <P>Procedures for purchasing and leasing motor vehicles can be found in subpart 101-26.5 of this title.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="74"/>
                <SECTNO>§ 102-34.40</SECTNO>
                <SUBJECT>How are passenger automobiles classified?</SUBJECT>
                <P>Passenger automobiles are classified in the following table:</P>
                <GPOTABLE CDEF="s25,xls25,r50" COLS="3" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Sedan class</CHED>
                    <CHED H="1">Station wagon class</CHED>
                    <CHED H="1">Descriptive name</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">I</ENT>
                    <ENT>I</ENT>
                    <ENT>Subcompact.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">II</ENT>
                    <ENT>II</ENT>
                    <ENT>Compact.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">III</ENT>
                    <ENT>III</ENT>
                    <ENT>Midsize</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">IV</ENT>
                    <ENT>IV</ENT>
                    <ENT>Large.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">V</ENT>
                    <ENT/>
                    <ENT>Limousine.</ENT>
                  </ROW>
                </GPOTABLE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.45</SECTNO>
                <SUBJECT>What size motor vehicles may we purchase and lease?</SUBJECT>
                <P>(a) You must select motor vehicles to achieve maximum fuel efficiency.</P>
                <P>(b) Limit motor vehicle body size, engine size and optional equipment to what is essential to meet your agency's mission.</P>
                <P>(c) With the exception of motor vehicles used by the President and Vice President and motor vehicles for security and highly essential needs, you must purchase and lease midsize (class III) or smaller sedans.</P>
                <P>(d) Purchase and lease large (class IV) sedans only when such motor vehicles are essential to your agency's mission.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.50</SECTNO>
                <SUBJECT>What are fleet average fuel economy standards?</SUBJECT>
                <P>(a) The minimum miles per gallon that a fleet of motor vehicles purchased or leased by an executive agency must obtain. The need to meet these standards is set forth in 49 U.S.C. 32917, Standards for Executive Agency Automobiles, and Executive Order 12375, Motor Vehicles. These standards have two categories:</P>
                <P>(1) Average fuel economy standard for all passenger automobiles.</P>
                <P>(2) Average fuel economy standard for light trucks.</P>
                <P>(b) These standards do not apply to passenger automobiles and light trucks designed to perform combat-related missions for the U.S. Armed Forces or motor vehicles designed for use in law enforcement or emergency rescue work.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.55</SECTNO>
                <SUBJECT>What are the minimum fleet average fuel economy standards?</SUBJECT>
                <P>The minimum fleet average fuel economy standards appear in the following table:</P>
                <GPOTABLE CDEF="s50,8,8" COLS="3" OPTS="L2">
                  <TTITLE>Fleet Average Fuel Economy Standards <SU>a</SU>
                  </TTITLE>
                  <BOXHD>
                    <CHED H="1">Fiscal year</CHED>
                    <CHED H="1">Passsenger automobile <SU>1</SU>
                    </CHED>
                    <CHED H="1">Light truck <SU>2</SU>
                    </CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">1995</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.6 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">1996</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.7 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">1997</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.7 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">1998</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.7 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">1999</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.7 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">2000 &amp; beyond</ENT>
                    <ENT>27.5</ENT>
                    <ENT>(<SU>4</SU>)</ENT>
                  </ROW>
                  <TNOTE>
                    <SU>a</SU> These figures represent miles/gallon.</TNOTE>
                  <TNOTE>
                    <SU>1</SU> Established by section 49 U.S.C. 32902 and the Secretary of Transportation.</TNOTE>
                  <TNOTE>
                    <SU>2</SU> Fleet average fuel economy standard set by the Secretary of Transportation and mandated by Executive Order 12375 beginning in fiscal year 1982.</TNOTE>
                  <TNOTE>
                    <SU>3</SU> Fleet average fuel economy for light trucks is the combined fleet average fuel economy for all 4 × 2 and 4 × 4 light trucks.</TNOTE>
                  <TNOTE>
                    <SU>4</SU> Requirements not yet set by the Secretary of Transportation.</TNOTE>
                </GPOTABLE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.60</SECTNO>
                <SUBJECT>How do we calculate the average fuel economy for our fleet?</SUBJECT>
                <P>(a) Due to the variety of motor vehicle configurations, you must take an average of all motor vehicles, by category (passenger automobiles or light truck) purchased and leased by your agency during the fiscal year. This calculation is the sum of passenger automobiles or light trucks that your executive agency purchases or leases from commercial sources divided by the sum of the fractions representing the number of motor vehicles of each category by model divided by the unadjusted city/highway mile-per-gallon ratings for that model, developed by the Environmental Protection Agency (EPA) for each fiscal year. The EPA mile-per-gallon rating for each motor vehicle make, model, and model year may be obtained from the: General Services Administration, Attn: FFA, Washington, DC 20406.</P>
                <P>(b) An example follows:
                </P>
                <EXTRACT>
                  <P>Light trucks: i. 600 light trucks acquired in a specific year. These are broken down into:</P>
                  <P>A. 200 Six cylinder automatic transmission pick-up trucks, EPA rating: 24.3 mpg, plus</P>
                  <P>B. 150 Six cylinder automatic transmission mini-vans, EPA rating 24.8 mpg, plus</P>

                  <P>C. 150 Eight cylinder automatic transmission pick-up trucks, EPA rating: 20.4 mpg, plus<PRTPAGE P="75"/>
                  </P>
                  <P>D. 100 Eight cylinder automatic transmission cargo vans, EPA rating: 22.2 mpg.</P>
                  <GPH DEEP="98" SPAN="2">
                    <GID>ER02NO99.009</GID>
                  </GPH>
                  <P>ii. Fleet average fuel economy for light trucks in this case is 23.0 mpg.</P>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.65</SECTNO>
                <SUBJECT>How may we request an exemption from the fuel economy standards?</SUBJECT>
                <P>(a) You must submit your reasons for the exemption in a written request to the: Administrator of General Services, ATTN: MTV, Washington, DC 20405.</P>
                <P>(b) GSA will review the request and advise you of the determination within 30 days of receipt. Passenger automobiles and light trucks exempted under the provisions of this section must not be included in calculating your fleet average fuel economy.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.70</SECTNO>
                <SUBJECT>How does GSA monitor the fuel economy of purchased and leased motor vehicles?</SUBJECT>
                <P>(a) Executive agencies report to GSA their leases and purchases of passenger automobiles and light trucks. GSA keeps a master record of the miles per gallon for passenger automobiles and light trucks acquired by each agency during the fiscal year. GSA verifies that each agency's passenger automobile and light truck leases and purchases achieve the fleet average fuel economy for the applicable fiscal year, as required by Executive Order 12375.</P>
                <P>(b) The GSA Federal Vehicle Policy Division (MTV) issues information about the EPA miles-per-gallon ratings to executive agencies at the beginning of each fiscal year to help agencies with their acquisition plans.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.75</SECTNO>
                <SUBJECT>How must we report fuel economy data for passenger automobiles and light trucks we purchase or commercially lease?</SUBJECT>

                <P>(a) You must send copies or synopses of motor vehicle leases and purchases to GSA. Use the unadjusted combined city/highway mile-per-gallon ratings for passenger automobiles and light trucks developed each fiscal year by the Environmental Protection Agency (EPA). All submissions for a fiscal year must reach GSA by December 1 of the next fiscal year. Submit the information as soon as possible after the purchase or effective date of each lease to the: General Services Administration, ATTN: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>.</P>
                <P>(b) Include in your submission to GSA motor vehicles purchased or leased by your agency for use in any State, Commonwealth, territory or possession of the United States, and the District of Columbia.</P>
                <P>(c) Your submission to GSA must include:</P>
                <P>(1) Number of passenger automobiles and light trucks, by category.</P>
                <P>(2) Year.</P>
                <P>(3) Make.</P>
                <P>(4) Model.</P>
                <P>(5) Transmission type (if manual, number of forward speeds).</P>
                <P>(6) Cubic inch displacement of engine.</P>
                <P>(7) Fuel type (i.e., gasoline, diesel, or type of alternative fuel).</P>
                <P>(8) Monthly lease cost, if applicable.
                </P>
                <NOTE>
                  <PRTPAGE P="76"/>
                  <HD SOURCE="HED">Note to § 102-34.75:</HD>
                  <P>Do not include passenger automobile and light truck lease renewal options as new acquisition motor vehicle leases. Do not report passenger automobiles and light trucks exempted from fleet average fuel economy standards (see § 102-34.50(b) and § 102-34.65).</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.80</SECTNO>
                <SUBJECT>Do we report fuel economy data for passenger automobiles and light trucks purchased for our agency by the GSA Automotive Division?</SUBJECT>
                <P>No. The GSA Automotive Division provides information for passenger automobiles and light trucks it purchases for agencies.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.85</SECTNO>
                <SUBJECT>Do we have to submit a negative report if we don't purchase or lease any motor vehicles in a fiscal year?</SUBJECT>
                <P>Yes, you must submit a negative report if you don't purchase or lease any motor vehicles in a fiscal year.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.90</SECTNO>
                <SUBJECT>Are any motor vehicles exempted from these reporting requirements?</SUBJECT>
                <P>Yes. You do not need to report passenger automobiles and light trucks that are:</P>
                <P>(a) Purchased or leased for use outside any State, Commonwealth, territory or possession of the United States, or the District of Columbia.</P>
                <P>(b) Designed to perform combat-related missions for the U.S. Armed Forces.</P>
                <P>(c) Designed for use in law enforcement or emergency rescue work.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.95</SECTNO>
                <SUBJECT>Does fleet average fuel economy reporting affect our acquisition plan?</SUBJECT>
                <P>It may. If previous motor vehicle purchases and leases have caused your fleet to fail to meet the required fuel economy by the end of the fiscal year, GSA may encourage you to adjust future requests to meet fuel economy requirements.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.100</SECTNO>
                <SUBJECT>Where may we obtain help with our motor vehicle acquisition plans?</SUBJECT>
                <P>For help with your motor vehicle acquisition plan, contact the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: vehicle.policy@gsa.gov</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Identifying and Registering Motor Vehicles</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Motor Vehicle Identification</HD>
                <SECTION>
                  <SECTNO>§ 102-34.105</SECTNO>
                  <SUBJECT>What motor vehicles require motor vehicle identification?</SUBJECT>
                  <P>All motor vehicles owned or leased by the Government must display motor vehicle identification unless exempted under § 102-34.180, § 102-34.195, or § 102-34.200.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.110</SECTNO>
                  <SUBJECT>What motor vehicle identification must we put on motor vehicles we purchase or lease?</SUBJECT>
                  <P>(a) For motor vehicles with rear windows, display:</P>
                  <P>(1) “For Official Use Only,” in letters <FR>1/2</FR> to <FR>3/4</FR> inch high.</P>
                  <P>(2) “U.S. Government” in letters <FR>3/4</FR> to 1 inch high; and</P>
                  <P>(3) The full name of the department, agency, establishment, corporation, or service owning or leasing the motor vehicle (in letters 1 to 1<FR>1/2</FR> inch high), or in the alternative, a title that describes the activity in which it is operated (if the title readily identifies the department, agency, establishment, corporation, or service concerned).</P>
                  <P>(b) For other than motor vehicle rear windows, display the motor vehicle identification in paragraphs (a)(1) through (3) of this section, but:</P>
                  <P>(1) Use letters 1 to 1<FR>1/2</FR> inches high in colors contrasting to the motor vehicle.</P>
                  <P>(2) If you use subsidiary words or titles of subordinate units, use letters <FR>1/2</FR> inch to <FR>3/4</FR> inch high.</P>

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

                  <P>(b) An appropriate title for the DOD component; and<PRTPAGE P="77"/>
                  </P>
                  <P>(c) The DOD code and registration number assigned by the DOD component accountable for the motor vehicle.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.120</SECTNO>
                  <SUBJECT>Where is motor vehicle identification placed on purchased and leased motor vehicles?</SUBJECT>
                  <P>(a) <E T="03">On most motor vehicles.</E> On the left side of the rear window, 1<FR>1/2</FR> inches or less from the bottom of the window.</P>
                  <P>(b) <E T="03">On motor vehicles without rear windows or where identification on the rear window would not be easily seen.</E> Centered on both front doors or in any appropriate position on each side of the motor vehicle.</P>
                  <P>(c) <E T="03">On trailers.</E> Centered on both sides of the front quarter of the trailer in a conspicuous location.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.125</SECTNO>
                  <SUBJECT>Before we sell a motor vehicle, what motor vehicle identification or markings must we remove?</SUBJECT>
                  <P>You must remove all motor vehicle identification before you transfer the title or deliver the motor vehicle.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">License Plates</HD>
                <SECTION>
                  <SECTNO>§ 102-34.130</SECTNO>
                  <SUBJECT>Must our motor vehicles use Government license plates?</SUBJECT>
                  <P>Yes you must use Government license plates, with the exception of motor vehicles exempted under § 102-34.180, § 102-34.195, and § 102-34.200.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.135</SECTNO>
                  <SUBJECT>Do we need to register motor vehicles owned or leased by the Government?</SUBJECT>
                  <P>For a motor vehicle owned or leased by the Government that is regularly based or operated outside the District of Columbia and displaying U.S. Government license plates and motor vehicle identification, you need not register it in a State, Commonwealth, territory or possession of the United States. Motor vehicles exempted under § 102-34.180, § 102-34.195, or § 102-34.200 must be registered and inspected in accordance with the laws of the State, Commonwealth, territory or possession of the United States where the motor vehicle is regularly operated.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.140</SECTNO>
                  <SUBJECT>Where may we obtain U.S. Government license plates?</SUBJECT>

                  <P>For detailed instructions and an ordering form to obtain U.S. Government license plates, contact the: Superintendent of Industries, District of Columbia, Department of Corrections, Lorton, VA 22079.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-34.140:</HD>
                    <P>You may, but are not required to obtain license plates from the District of Columbia, Department of Corrections.</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.145</SECTNO>
                  <SUBJECT>How do we display license plates on motor vehicles?</SUBJECT>
                  <P>(a) Display official U.S. Government license plates on the front and rear of all motor vehicles owned or leased by the Government. The exception is two-wheeled motor vehicles, which require rear license plates only.</P>
                  <P>(b) You must display U.S. Government license plates on the motor vehicle to which the license plates were assigned.</P>
                  <P>(c) Display the U.S. Government license plates until the motor vehicle is removed from Government service or is transferred, or until the plates are damaged and require replacement.</P>
                  <P>(d) For motor vehicles owned or leased by DOD, follow DOD regulations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.150</SECTNO>
                  <SUBJECT>What do we do about a lost or stolen license plate?</SUBJECT>
                  <P>You should report the loss or theft of license plates as follows:</P>
                  <P>(a) <E T="03">U.S. Government license plates.</E> Tell your local security office (or equivalent) and local police.</P>
                  <P>(b) <E T="03">District of Columbia or State license plates.</E> Tell your local security office (or equivalent) and either the District of Columbia, Department of Transportation, or the State agency, as appropriate.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.155</SECTNO>
                  <SUBJECT>What records do we need to keep on U.S. Government license plates?</SUBJECT>
                  <P>You must keep a central record of all U.S. Government license plates for your agency's motor vehicle purchases and motor vehicle leases. The GSA Fleet must keep such a record for GSA Fleet vehicles. The record must identify:</P>
                  <P>(a) The motor vehicle to which each set of plates is assigned.</P>
                  <P>(b) The complete history of any reassigned plates.</P>
                  <P>(c) A list of destroyed or voided license plate numbers.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="78"/>
                  <SECTNO>§ 102-34.160</SECTNO>
                  <SUBJECT>How are U.S. Government license plates coded and numbered?</SUBJECT>

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

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

                  <P>(d) You must have each registered motor vehicle inspected annually according to section 40-204 of the District of Columbia Code and applicable regulations. The District of Columbia <PRTPAGE P="79"/>issues an inspection verification sticker for each motor vehicle that passes inspection. Inspections and stickers are free.</P>
                  <P>(e) Return damaged or mutilated license plates to the District of Columbia, Department of Transportation, for cancellation. Also return license plates when you transfer a motor vehicle regularly based or operated in the District of Columbia to operation in a field area, another agency, or remove the motor vehicle from Government service.</P>
                  <CITA>[64 FR 59593, Nov. 2, 1999; 64 FR 66967, Nov. 30, 2000]</CITA>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Identification Exemptions</HD>
                <SECTION>
                  <SECTNO>§ 102-34.175</SECTNO>
                  <SUBJECT>What types of exemptions are there?</SUBJECT>
                  <P>(a) Limited exemption.</P>
                  <P>(b) Unlimited exemption.</P>
                  <P>(c) Special exemption.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.180</SECTNO>
                  <SUBJECT>May we have a limited exemption from displaying U.S. Government license plates and other motor vehicle identification?</SUBJECT>

                  <P>Yes. The head of your agency or designee may authorize a limited exemption to the display of U.S. Government license plates and motor vehicle identification upon written certification. (See § 102-34.185.) For motor vehicles leased from the GSA Fleet, send an information copy of this certification to the: General Services Administration, Attn: FFF, Washington, DC 20406.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-34.180:</HD>
                    <P>Not eligible for exemption are motor vehicles regularly used for common administrative purposes and not directly connected to investigative, law enforcement or intelligence duties involving security activities.</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.185</SECTNO>
                  <SUBJECT>What information must the certification contain?</SUBJECT>
                  <P>The certification must state either:</P>
                  <P>(a) That the motor vehicle is used primarily for investigative, law enforcement or intelligence duties involving security activities and that identifying the motor vehicle would interfere with those duties; or</P>
                  <P>(b) That identifying the motor vehicle would endanger the security of the vehicle occupants.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.190</SECTNO>
                  <SUBJECT>For how long is a limited exemption valid?</SUBJECT>
                  <P>An exemption granted in accordance with § 102-34.180 and § 102-34.185 may last from one day up to one year. If the requirement for exemption still exists at the end of the year, your agency must re-certify the continued exemption. For a motor vehicle leased from the GSA Fleet, send a copy of the re-certification to the: General Services Administration, ATTN: FFF, Washington, DC 20406.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.195</SECTNO>
                  <SUBJECT>What agencies have an unlimited exemption from displaying U.S. Government license plates and motor vehicle identification?</SUBJECT>
                  <P>The following Federal agencies, or activities within agencies, are granted an unlimited exemption based on ongoing mission requirements and do not need to certify:</P>
                  <P>(a) <E T="03">Administrative Office of the United States Courts.</E> All motor vehicles used by United States probation offices and pretrial services agencies of the judicial branch of the U.S. Government.</P>
                  <P>(b) <E T="03">Department of Agriculture.</E> Motor vehicles used for investigative or law enforcement activities by the Agricultural Marketing Service, Animal and Plant Health Inspection Service, Food Safety and Inspection Service, Forest Service, Grain Inspection, Packers and Stockyard Administration, Packers and Stockyard Program, Food and Consumers Service, and Office of the Inspector General.</P>
                  <P>(c) <E T="03">Department of Commerce.</E> Motor vehicles used for surveillance and other law enforcement activities by the Office of Export Enforcement, International Trade Administration, the National Marine Fisheries Service, and the National Oceanic and Atmospheric Administration.</P>
                  <P>(d) <E T="03">Department of Defense.</E> Motor vehicles used for intelligence, investigative, or security activities by the U.S. Army Intelligence Agency and the Criminal Investigation Command of the Department of the Army; Office of Naval Intelligence of the Department of the Navy; Office of Special Investigations of the Department of the Air Force; the Defense Criminal Investigation Service, Office of the Inspector <PRTPAGE P="80"/>General; and the Defense Logistics Agency.</P>
                  <P>(e) <E T="03">District of Columbia.</E> Motor vehicles used by St. Elizabeth's Hospital in outpatient work where identifying the motor vehicles would be prejudicial to patients.</P>
                  <P>(f) <E T="03">Department of Education.</E> Motor vehicles used for investigative and law enforcement activities by the Office of the Inspector General.</P>
                  <P>(g) <E T="03">Department of Energy.</E> Motor vehicles used for investigative or security activities.</P>
                  <P>(h) <E T="03">Environmental Protection Agency.</E> Motor vehicles used for investigative and law enforcement activities by the Office of Inspector General and the Office of Enforcement and Compliance Assurance.</P>
                  <P>(i) <E T="03">Federal Communications Commission.</E> Motor vehicles used for investigative activities by the Field Operations Bureau.</P>
                  <P>(j) <E T="03">General Services Administration.</E> Motor vehicles used for investigative, surveillance, and security activities by special agents of the Federal Protective Service, and Office of the Inspector General.</P>
                  <P>(k) <E T="03">Department of Health and Human Services.</E> Motor vehicles used for undercover law enforcement and similar investigative work by the Food and Drug Administration; motor vehicles used to transport mentally disturbed children by the National Institutes of Health; and motor vehicles used for law enforcement and investigative purposes by the Office of Investigations and the Office of the Inspector General.</P>
                  <P>(l) <E T="03">Department of Housing and Urban Development.</E> Motor vehicles used for law enforcement or investigative purposes by the Office of the Inspector General.</P>
                  <P>(m) <E T="03">Department of the Interior.</E> Motor vehicles used to enforce game laws by the U.S. Fish and Wildlife Service; motor vehicles assigned to special agents of the Bureau of Land Management who investigate crimes against public lands; motor vehicles assigned to special officers of the Bureau of Indian Affairs; motor vehicles used for investigating crimes against public lands by the National Park Service and assigned to the U.S. Park Police; and motor vehicles assigned to the special agents of the Office of the Inspector General who investigate possible crimes of fraud and abuse by departmental employees, contractors, and grantees.</P>
                  <P>(n) <E T="03">Department of Justice.</E> All motor vehicles used for undercover law enforcement activities or investigative work by the Department.</P>
                  <P>(o) <E T="03">Department of Labor.</E> All motor vehicles used for investigative, law enforcement, and compliance activities by the Employment and Training Administration, Occupational Safety and Health Administration, Employment Standards Administration, and the Mine Safety and Health Administration.</P>
                  <P>(p) <E T="03">National Aeronautics and Space Administration.</E> Motor vehicles used for investigative or law enforcement activities.</P>
                  <P>(q) <E T="03">National Labor Relations Board.</E> Motor vehicles used for investigative activities by field offices.</P>
                  <P>(r) <E T="03">National Security Council.</E> Motor vehicles used by the Central Intelligence Agency.</P>
                  <P>(s) <E T="03">Nuclear Regulatory Commission.</E> Motor vehicles used for the conduct of security operations or in the enforcement of security regulations.</P>
                  <P>(t) <E T="03">Office of Personnel Management.</E> Motor vehicles used for the investigative program of the Office of Personnel Investigations and regional investigation activities.</P>
                  <P>(u) <E T="03">United States Postal Service.</E> Motor vehicles that the Postal Inspection Service uses for investigative and law enforcement activities.</P>
                  <P>(v) <E T="03">Department of State.</E> Motor vehicles used for protecting domestic and foreign dignitaries and investigating passport and visa fraud.</P>
                  <P>(w) <E T="03">Department of Transportation.</E> Motor vehicles used for intelligence, investigative, or security activities by the Office of the Inspector General, the OST Office of Security, the Investigations and Security Division and field counterparts in the U.S. Coast Guard, the Office of Civil Aviation Security and field counterparts in the Federal Aviation Administration, and the Idaho Division Office of Motor Carriers in the Federal Highway Administration.<PRTPAGE P="81"/>
                  </P>
                  <P>(x) <E T="03">Department of Treasury.</E> Motor vehicles used by the U.S. Secret Service; the Criminal Investigation Division and the Internal Security Division of the Internal Revenue Service; motor vehicles used for investigative activities by the Collection Division of the Internal Revenue Service; motor vehicles used by the Office of Enforcement and the Office of Inspection at the Bureau of Alcohol, Tobacco, and Firearms; and motor vehicles used by the Office of Enforcement, Office of Compliance Operations, and the Office of Internal Affairs at the U.S. Customs Service.</P>
                  <P>(y) <E T="03">Department of Veterans Affairs.</E> Motor vehicles used for investigative activities by the Office of the Inspector General and regional Field Examiners and Property Management Inspectors.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.200</SECTNO>
                  <SUBJECT>What agencies have a special exemption from displaying U.S. Government license plates and motor vehicle identification?</SUBJECT>
                  <P>Motor vehicles assigned for the use of the President and the heads of executive departments specified in 5 U.S.C. 101 are exempt from the requirement to display motor vehicle identification. All motor vehicles, other than those assigned for the personal use of the President, will display official U.S. Government license plates.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.205</SECTNO>
                  <SUBJECT>What license plates and motor vehicle identification do we use on motor vehicles that are exempt from motor vehicle identification and U.S. Government license plates?</SUBJECT>
                  <P>Display the regular license plates of the State, Commonwealth, territory or possession of the United States, or the District of Columbia, where the motor vehicle is principally operated.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.210</SECTNO>
                  <SUBJECT>What special requirements apply to exempted motor vehicles operating in the District of Columbia?</SUBJECT>
                  <P>If your agency wants to use regular District of Columbia license plates for motor vehicles exempt from displaying U.S. government license plates and motor vehicle identification, your agency head must designate an official to authorize them. Provide the name and facsimile signature of that official to the District of Columbia, Department of Transportation, annually.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.215</SECTNO>
                  <SUBJECT>Can GSA ask for a listing of exempted motor vehicles?</SUBJECT>

                  <P>Yes. If asked, the head of each executive agency must submit a report concerning motor vehicles exempted under this subpart. This report, which has been assigned interagency report control number 1537-GSA-AR, should be submitted to the: General Services Administration, ATTN: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>
                  </P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Official Use of Government Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.220</SECTNO>
                <SUBJECT>What is official use of a motor vehicle owned or leased by the Government?</SUBJECT>
                <P>Official use of a motor vehicle is using a motor vehicle to perform your agency's mission(s), as authorized by your agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.225</SECTNO>
                <SUBJECT>May I use a motor vehicle owned or leased by the Government for transportation between my residence and place of employment?</SUBJECT>
                <P>No, you may not use a Government motor vehicle for transportation between your residence and place of employment unless your agency authorizes such use after making the necessary determination under 31 U.S.C. 1344 and subpart 101-6.4 of this title. Your agency must keep a copy of the written authorization within the agency and monitor the use of these motor vehicles.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.230</SECTNO>
                <SUBJECT>May Government contractors use motor vehicles owned or leased by the Government?</SUBJECT>
                <P>Yes, Government contractors may use Government motor vehicles when authorized under applicable procedures and the following conditions:</P>
                <P>(a) Motor vehicles are used for official purposes only and solely in the performance of the contract.</P>
                <P>(b) Motor vehicles cannot be used for transportation between residence and place of employment, unless authorized in accordance with 31 U.S.C. 1344 and subpart 101-6.4 of this title.</P>
                <P>(c) Contractors must:<PRTPAGE P="82"/>
                </P>
                <P>(1) Establish and enforce suitable penalties against employees who use, or authorize the use of, such motor vehicles for unofficial purposes or for other than in the performance of the contract; and</P>
                <P>(2) Pay any expenses or cost, without Government reimbursement, for using such motor vehicles other than in the performance of the contract.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.235</SECTNO>
                <SUBJECT>What does GSA do if it learns of unofficial use of a motor vehicle owned or leased by the Government?</SUBJECT>
                <P>GSA reports the matter to the head of the agency employing the motor vehicle operator. The employing agency investigates and may, if appropriate, take disciplinary action under 31 U.S.C. 1349 or may report the violation to the Attorney General for prosecution under 18 U.S.C. 641.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.240</SECTNO>
                <SUBJECT>How are Federal employees disciplined for misuse of motor vehicles owned or leased by the Government?</SUBJECT>
                <P>If an employee willfully uses, or authorizes the use of, a motor vehicle for other than official purposes, the employee is subject to suspension of at least one month or, up to and including, removal by the head of the agency (31 U.S.C. 1349).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.245</SECTNO>
                <SUBJECT>How am I responsible for protecting motor vehicles?</SUBJECT>
                <P>When a Government-owned or -leased motor vehicle is under your control, you must:</P>
                <P>(a) Park or store the vehicle in a manner that reasonably protects it from theft or damage.</P>
                <P>(b) Lock the unattended motor vehicle. (The only exception to this requirement is when fire regulations or other directives prohibit locking motor vehicles in closed buildings or enclosures.)</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.250</SECTNO>
                <SUBJECT>Am I bound by State and local traffic laws?</SUBJECT>
                <P>Yes. You must obey all motor vehicle traffic laws of the State and local jurisdiction, except when the duties of your position require otherwise. You are personally responsible if you violate State or local traffic laws. If you are fined or otherwise penalized for an offense you commit while performing your official duties, but which was not required as part of your official duties, payment is your personal responsibility.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.255</SECTNO>
                <SUBJECT>Who pays for parking fees and fines?</SUBJECT>
                <P>You must pay parking fees while operating a motor vehicle owned or leased by the Government. However, you can expect to be reimbursed for parking fees incurred while performing official duties. Conversely, if you are fined for a parking violation while operating a motor vehicle owned or leased by the Government, payment is your personal responsibility and you will not be reimbursed.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.260</SECTNO>
                <SUBJECT>Do Federal employees in motor vehicles owned or leased by the government have to use safety belts?</SUBJECT>
                <P>Yes Federal employees must use safety belts, when there is a safety belt.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Replacement of Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.265</SECTNO>
                <SUBJECT>What are motor vehicle replacement standards?</SUBJECT>
                <P>Motor vehicle replacement standards specify the minimum number of years in use or miles traveled at which an executive agency may replace a Government-owned motor vehicle (see § 102-34.280) .</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.270</SECTNO>
                <SUBJECT>May we replace a Government-owned motor vehicle sooner?</SUBJECT>
                <P>Yes. You may replace a Government-owned motor vehicle if it needs body or mechanical repairs that exceed the fair market value of the motor vehicle. Determine the fair market value by adding the current market value of the motor vehicle plus any capitalized motor vehicle additions (such as a utility body or liftgate) or repairs. Your agency head or designee must review the replacement in advance.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.275</SECTNO>
                <SUBJECT>May we keep a Government-owned motor vehicle even though the standard permits replacement?</SUBJECT>

                <P>Yes. The replacement standard is a minimum only, and therefore, you may <PRTPAGE P="83"/>keep a Government-owned motor vehicle longer than shown in § 102-34.280 if the motor vehicle can be operated without excessive maintenance costs or substantial reduction in resale value.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.280</SECTNO>
                <SUBJECT>How long must we keep a Government-owned motor vehicle?</SUBJECT>
                <P>You must keep a motor vehicle owned or leased by the Government for at least the years or miles shown in the following table:</P>
                <GPOTABLE CDEF="s50,8,8" COLS="3" OPTS="L2">
                  <TTITLE>Table of Minimum Replacement Standards</TTITLE>
                  <BOXHD>
                    <CHED H="1">Motor vehicle type</CHED>
                    <CHED H="1">Years <SU>a</SU>
                    </CHED>
                    <CHED H="1">or Miles <SU>a</SU>
                    </CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">Sedans/Station Wagons</ENT>
                    <ENT>3</ENT>
                    <ENT>60,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Ambulances</ENT>
                    <ENT>7</ENT>
                    <ENT>60,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22">Buses:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Intercity</ENT>
                    <ENT>n/a</ENT>
                    <ENT>280,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">City</ENT>
                    <ENT>n/a</ENT>
                    <ENT>150,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">School</ENT>
                    <ENT>n/a</ENT>
                    <ENT>80,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22">Trucks:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Less than 12,500 pounds GVWR</ENT>
                    <ENT>6</ENT>
                    <ENT>50,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">12,500-23,999 pounds GVWR</ENT>
                    <ENT>7</ENT>
                    <ENT>60,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">24,000 pounds GVWR and over</ENT>
                    <ENT>9</ENT>
                    <ENT>80,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">4- or 6-wheel drive motor vehicles</ENT>
                    <ENT>6</ENT>
                    <ENT>40,000</ENT>
                  </ROW>
                  <TNOTE>
                    <SU>a</SU> Minimum standards are stated in both years and miles; use whichever occurs first.</TNOTE>
                </GPOTABLE>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Scheduled Maintenance of Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.285</SECTNO>
                <SUBJECT>What kind of maintenance programs must we have?</SUBJECT>
                <P>You must have a scheduled maintenance program for each motor vehicle you own or lease. This requirement applies to motor vehicles operated in any State, Commonwealth, territory or possession of the United States, and the District of Columbia. The GSA Fleet will develop maintenance programs for GSA Fleet vehicles. The scheduled maintenance program must:</P>
                <P>(a) Meet Federal, State, and local emission standards;</P>
                <P>(b) Meet manufacturer warranty requirements;</P>
                <P>(c) Ensure the safe and economical operating condition of the motor vehicle throughout its life; and</P>
                <P>(d) Ensure that inspections and servicing occur as recommended by the manufacturer or more often if local operating conditions require.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.290</SECTNO>
                <SUBJECT>Must our motor vehicles pass State inspections?</SUBJECT>
                <P>Yes your motor vehicles must pass State inspections, where mandated.</P>
                <P>(a) Each motor vehicle owned or leased by the Government must pass Federally-mandated emission inspections in the jurisdictions in which they operate when required by State motor vehicle administrations or State environmental departments. You must reimburse State activities for the cost of these inspections if the fee is not waived. GSA will pay the cost of these inspections for motor vehicles leased from the GSA Fleet.</P>
                <P>(b) Motor vehicles owned or leased by the Government that are exempted from the display of U.S. Government license plates and motor vehicle identification must comply with emission and mechanical inspection programs of the State, Commonwealth, territory or possession of the United States or the District of Columbia in which they are regularly operated. Your agency must pay for these inspections, unless the fee is waived. Payment for these inspections for motor vehicles leased from the GSA Fleet are the responsibility of the using agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.295</SECTNO>
                <SUBJECT>Where can we obtain help in setting up a maintenance program?</SUBJECT>

                <P>For help in setting up a maintenance programs, contact the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>
                </P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart F—Motor Vehicle Accident Reporting</HD>
              <SECTION>
                <SECTNO>§ 102-34.300</SECTNO>
                <SUBJECT>What forms do I use to report an accident involving a motor vehicle owned or leased by the Government?</SUBJECT>
                <P>GSA recommends the following forms for use to report an accident in any State, Commonwealth, territory or possession of the United States and the District of Columbia. The forms should be carried in any motor vehicle owned or leased by the Government.</P>
                <P>(a) <E T="03">Standard Form 91, Motor Vehicle Accident Report.</E> The motor vehicle operator should complete this form at the <PRTPAGE P="84"/>time and scene of the accident if possible, even if damage to the motor vehicle is not noticeable.</P>
                <P>(b) <E T="03">Standard Form 94, Statement of Witness.</E> This form should be completed by any witness to the accident.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.305</SECTNO>
                <SUBJECT>To whom do we send accident reports?</SUBJECT>
                <P>Send accident reports as follows:</P>
                <P>(a) If the motor vehicle is owned or leased by your agency, follow your internal agency directives.</P>
                <P>(b) If the motor vehicle is managed by the GSA Fleet, report the accident to GSA in accordance with subpart 101-39.4 of this title.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart G—Disposal of Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.310</SECTNO>
                <SUBJECT>How do we dispose of a motor vehicle in any State, Commonwealth, territory or possession of the United States, or the District of Columbia?</SUBJECT>
                <P>After meeting the replacement standards under subpart D of this part, you may dispose of a Government-owned motor vehicle by transferring the motor vehicle title, or manufacturer's Certificate of Origin, to the new owner. Detailed instructions on the disposal process are in parts 101-45 and 101-46 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.315</SECTNO>
                <SUBJECT>What forms do we use to transfer ownership when selling a motor vehicle?</SUBJECT>
                <P>Use the following forms to transfer ownership:</P>
                <P>(a) Standard Form 97, The United States Government Certificate to Obtain Title to a Motor Vehicle, if both of the following apply:</P>
                <P>(1) The motor vehicle will be retitled by a State, Commonwealth, territory or possession of the United States or the District of Columbia; and</P>

                <P>(2) The purchaser intends to operate the motor vehicle on highways.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-34.315<E T="01">(a)</E>(2):</HD>
                  <P>Do not use Standard Form 97 if the Government-owned motor vehicle is either not designed or not legal for operation on highways. Examples are construction equipment, farm machinery, and certain military-design motor vehicles. Instead, use an appropriate bill of sale or award document. Examples are Optional Form 16, Sales Slip-Sale of Government Personal Property, and Standard Form 114, Sale of Government Property—Bid and Award.</P>
                </NOTE>
                

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

                <P>(a) You may use a fleet charge card specifically issued for this purpose. These cards are designed to collect motor vehicle data at the time of purchase. Where appropriate, State sales and motor fuel taxes are deducted from fuel purchases by the fleet charge card services contractor before your agency is billed. The GSA contractor issued fleet charge card is the only Government-issued charge card that may be used for GSA Fleet motor vehicles. For further information on acquiring these <PRTPAGE P="85"/>fleet charge cards and their use, contact the: General Services Administration, Attn: FCX, Washington, DC 20406.</P>
                <P>(b) You may use a Government purchase card if you do not have a fleet charge card or if the use of such a government purchase card is required by your agency mission. However, the Government purchase card does not collect motor vehicle data nor does it deduct State sales and motor fuel taxes.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.335</SECTNO>
                <SUBJECT>What type of fuel do I use in motor vehicles?</SUBJECT>
                <P>(a) Use the grade (octane rating) of fuel recommended by the motor vehicle manufacturer when fueling motor vehicles owned or leased by the Government.</P>
                <P>(b) Do not use premium grade gasoline in any motor vehicle owned or leased by the Government unless the motor vehicle specifically requires premium grade gasoline.</P>
                <P>(c) Use unleaded gasoline in all Government owned or leased motor vehicles designed to operate on gasoline and used overseas unless:</P>
                <P>(1) Such use would be in conflict with country-to-country or multi-national logistics agreements; or</P>
                <P>(2) Such gasoline is not available locally.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.340</SECTNO>
                <SUBJECT>Do I have to use self-service fuel pumps?</SUBJECT>
                <P>Yes. You must use self-service fuel pumps to the fullest extent possible.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart I—Federal Motor Vehicle Fleet Report</HD>
              <SECTION>
                <SECTNO>§ 102-34.345</SECTNO>
                <SUBJECT>What is the Federal Motor Vehicle Fleet Report?</SUBJECT>
                <P>The Federal Motor Vehicle Fleet Report is compiled by GSA annually from information submitted by Federal agencies on motor vehicle inventory, cost, and use data. GSA supplies copies of the report to the Congress, Federal agencies, and other organizations upon request.</P>
                <P>Recipients of this report use it to evaluate and analyze operations and management of the Federal motor vehicle fleet.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.350</SECTNO>
                <SUBJECT>What records do we need to keep?</SUBJECT>
                <P>For owned motor vehicles, you are responsible for developing adequate accounting and reporting procedures to ensure accurate reporting of inventory, cost, and operational data needed to manage and control motor vehicles.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.355</SECTNO>
                <SUBJECT>When and how do we report motor vehicle data?</SUBJECT>

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

                <P>(c) Detailed instructions are included as part of the form. You can also complete the Standard Form 82 electronically using a computerized input medium. For further information, contact the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>
                </P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart J—Forms</HD>
              <SECTION>
                <SECTNO>§ 102-34.360</SECTNO>
                <SUBJECT>How do we obtain the forms prescribed in this part?</SUBJECT>
                <P>See § 102-2.135 of this chapter for how to obtain forms prescribed in this part.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PART 102-35—DISPOSITION OF PERSONAL PROPERTY [RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt. 102-36</EAR>
            <HD SOURCE="HED">PART 102-36—DISPOSITION OF EXCESS PERSONAL PROPERTY</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—General Provisions</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-36.5</SECTNO>
                <SUBJECT>What is the governing authority for this part?</SUBJECT>
                <SECTNO>102-36.10</SECTNO>
                <SUBJECT>What does this part cover?<PRTPAGE P="86"/>
                </SUBJECT>
                <SECTNO>102-36.15</SECTNO>
                <SUBJECT>Who must comply with the provisions of this part?</SUBJECT>
                <SECTNO>102-36.20</SECTNO>
                <SUBJECT>To whom do “we”, “you”, and their variants refer?</SUBJECT>
                <SECTNO>102-36.25</SECTNO>
                <SUBJECT>How do we request a deviation from these requirements and who can approve it?</SUBJECT>
                <SECTNO>102-36.30</SECTNO>
                <SUBJECT>When is personal property excess?</SUBJECT>
                <SECTNO>102-36.35</SECTNO>
                <SUBJECT>What is the typical process for disposing of excess personal property?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Definitions</HD>
                  <SECTNO>102-36.40</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Responsibility</HD>
                  <SECTNO>102-36.45</SECTNO>
                  <SUBJECT>What are our responsibilities in the management of excess personal property?</SUBJECT>
                  <SECTNO>102-36.50</SECTNO>
                  <SUBJECT>May we use a contractor to perform the functions of excess personal property disposal?</SUBJECT>
                  <SECTNO>102-36.55</SECTNO>
                  <SUBJECT>What is GSA's role in the disposition of excess personal property?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Acquiring Excess Personal Property For Our Agency</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Acquiring Excess</HD>
                  <SECTNO>102-36.60</SECTNO>
                  <SUBJECT>Who is eligible to acquire excess personal property as authorized by the Property Act?</SUBJECT>
                  <SECTNO>102-36.65</SECTNO>
                  <SUBJECT>Why must we use excess personal property instead of buying new property?</SUBJECT>
                  <SECTNO>102-36.70</SECTNO>
                  <SUBJECT>What must we consider when acquiring excess personal property?</SUBJECT>
                  <SECTNO>102-36.75</SECTNO>
                  <SUBJECT>Do we pay for excess personal property we acquire from another Federal agency under a transfer?</SUBJECT>
                  <SECTNO>102-36.80</SECTNO>
                  <SUBJECT>How much do we pay for excess personal property on a transfer with reimbursement?</SUBJECT>
                  <SECTNO>102-36.85</SECTNO>
                  <SUBJECT>Do we pay for personal property we acquire when it is disposed of by another agency under the exchange/sale authority, and how much do we pay?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Screening of Excess</HD>
                  <SECTNO>102-36.90</SECTNO>
                  <SUBJECT>How do we find out what personal property is available as excess?</SUBJECT>
                  <SECTNO>102-36.95</SECTNO>
                  <SUBJECT>How long is excess personal property available for screening?</SUBJECT>
                  <SECTNO>102-36.100</SECTNO>
                  <SUBJECT>When does the screening period start for excess personal property?</SUBJECT>
                  <SECTNO>102-36.105</SECTNO>
                  <SUBJECT>Who is authorized to screen and where do we go to screen excess personal property on-site?</SUBJECT>
                  <SECTNO>102-36.110</SECTNO>
                  <SUBJECT>Do we need authorization to screen excess personal property?</SUBJECT>
                  <SECTNO>102-36.115</SECTNO>
                  <SUBJECT>What information must we include in the authorization form for non-Federal persons to screen excess personal property?</SUBJECT>
                  <SECTNO>102-36.120</SECTNO>
                  <SUBJECT>What are our responsibilities in authorizing a non-Federal individual to screen excess personal property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Processing Transfers</HD>
                  <SECTNO>102-36.125</SECTNO>
                  <SUBJECT>How do we process a Standard Form 122 (SF 122), Transfer Order Excess Personal Property, through GSA?</SUBJECT>
                  <SECTNO>102-36.130</SECTNO>
                  <SUBJECT>What are our responsibilities in processing transfer orders of excess personal property?</SUBJECT>
                  <SECTNO>102-36.135</SECTNO>
                  <SUBJECT>How much time do we have to pick up excess personal property that has been approved for transfer?</SUBJECT>
                  <SECTNO>102-36.140</SECTNO>
                  <SUBJECT>May we arrange to have the excess personal property shipped to its final destination?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Direct Transfers</HD>
                  <SECTNO>102-36.145</SECTNO>
                  <SUBJECT>May we obtain excess personal property directly from another Federal agency without GSA approval?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Acquiring Excess Personal Property for Non-Federal Recipients</HD>
                <SECTNO>102-36.150</SECTNO>
                <SUBJECT>For which non-Federal activities may we acquire excess personal property?</SUBJECT>
                <SECTNO>102-36.155</SECTNO>
                <SUBJECT>What are our responsibilities when acquiring excess personal property for use by a non-Federal recipient?</SUBJECT>
                <SECTNO>102-36.160</SECTNO>
                <SUBJECT>What additional information must we provide on the SF 122 when acquiring excess personal property for non-Federal recipients?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Nonappropriated Fund Activities</HD>
                  <SECTNO>102-36.165</SECTNO>
                  <SUBJECT>Do we retain title to excess personal property furnished to a nonappropriated fund activity within our agency?</SUBJECT>
                  <SECTNO>102-36.170</SECTNO>
                  <SUBJECT>May we transfer personal property owned by one of our nonappropriated fund activities?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Contractors</HD>
                  <SECTNO>102-36.175</SECTNO>
                  <SUBJECT>Are there restrictions to acquiring excess personal property for use by our contractors?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Cooperatives</HD>
                  <SECTNO>102-36.180</SECTNO>
                  <SUBJECT>Is there any limitation/condition to acquiring excess personal property for use by cooperatives?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Project Grantees</HD>
                  <SECTNO>102-36.185</SECTNO>
                  <SUBJECT>What are the requirements for acquiring excess personal property for use by our grantees?</SUBJECT>
                  <SECTNO>102-36.190</SECTNO>
                  <SUBJECT>Must we always pay 25 percent of the original acquisition cost when furnishing excess personal property to project grantees?</SUBJECT>
                  <SECTNO>102-36.195</SECTNO>

                  <SUBJECT>What type of excess personal property may we furnish to our project grantees?<PRTPAGE P="87"/>
                  </SUBJECT>
                  <SECTNO>102-36.200</SECTNO>
                  <SUBJECT>May we acquire excess personal property for cannibalization purposes by the grantee?</SUBJECT>
                  <SECTNO>102-36.205</SECTNO>
                  <SUBJECT>Is there a limit to how much excess personal property we may furnish to our grantees?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Disposition of Excess Personal Property</HD>
                <SECTNO>102-36.210</SECTNO>
                <SUBJECT>Why must we report excess personal property to GSA?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Reporting Excess Personal Property</HD>
                  <SECTNO>102-36.215</SECTNO>
                  <SUBJECT>How do we report excess personal property?</SUBJECT>
                  <SECTNO>102-36.220</SECTNO>
                  <SUBJECT>Must we report all excess personal property to GSA?</SUBJECT>
                  <SECTNO>102-36.225</SECTNO>
                  <SUBJECT>Must we report excess related personal property?</SUBJECT>
                  <SECTNO>102-36.230</SECTNO>
                  <SUBJECT>Where do we send the reports of excess personal property?</SUBJECT>
                  <SECTNO>102-36.235</SECTNO>
                  <SUBJECT>What information do we provide when reporting excess personal property?</SUBJECT>
                  <SECTNO>102-36.240</SECTNO>
                  <SUBJECT>What are the disposal condition codes?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Disposing of Excess Personal Property</HD>
                  <SECTNO>102-36.245</SECTNO>
                  <SUBJECT>Are we accountable for the personal property that has been reported excess, and who is responsible for the care and handling costs?</SUBJECT>
                  <SECTNO>102-36.250</SECTNO>
                  <SUBJECT>Does GSA ever take physical custody of excess personal property?</SUBJECT>
                  <SECTNO>102-36.255</SECTNO>
                  <SUBJECT>What options do we have when unusual circumstances do not allow adequate time for disposal through GSA?</SUBJECT>
                  <SECTNO>102-36.260</SECTNO>
                  <SUBJECT>How do we promote the expeditious transfer of excess personal property?</SUBJECT>
                  <SECTNO>102-36.265</SECTNO>
                  <SUBJECT>What if there are competing requests for the same excess personal property?</SUBJECT>
                  <SECTNO>102-36.270</SECTNO>
                  <SUBJECT>What if a Federal agency requests personal property that is undergoing donation screening or in the sales process?</SUBJECT>
                  <SECTNO>102-36.275</SECTNO>
                  <SUBJECT>May we dispose of excess personal property without GSA approval?</SUBJECT>
                  <SECTNO>102-36.280</SECTNO>
                  <SUBJECT>May we withdraw from the disposal process excess personal property that we have reported to GSA?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Transfers With Reimbursement</HD>
                  <SECTNO>102-36.285</SECTNO>
                  <SUBJECT>May we charge for personal property transferred to another Federal agency?</SUBJECT>
                  <SECTNO>102-36.290</SECTNO>
                  <SUBJECT>How much do we charge for excess personal property on a transfer with reimbursement?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Report of Disposal Activity</HD>
                  <SECTNO>102-36.295</SECTNO>
                  <SUBJECT>Is there any reporting requirement on the disposition of excess personal property?</SUBJECT>
                  <SECTNO>102-36.300</SECTNO>
                  <SUBJECT>How do we report the furnishing of personal property to non-Federal recipients?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Abandonment/Destruction</HD>
                  <SECTNO>102-36.305</SECTNO>
                  <SUBJECT>May we abandon or destroy excess personal property without reporting it to GSA?</SUBJECT>
                  <SECTNO>102-36.310</SECTNO>
                  <SUBJECT>Who makes the determination to abandon or destroy excess personal property?</SUBJECT>
                  <SECTNO>102-36.315</SECTNO>
                  <SUBJECT>Are there any restrictions to the use of the abandonment/destruction authority?</SUBJECT>
                  <SECTNO>102-36.320</SECTNO>
                  <SUBJECT>May we transfer or donate excess personal property that has been determined appropriate for abandonment/destruction without GSA approval?</SUBJECT>
                  <SECTNO>102-36.325</SECTNO>
                  <SUBJECT>What must be done before the abandonment/destruction of excess personal property?</SUBJECT>
                  <SECTNO>102-36.330</SECTNO>
                  <SUBJECT>Are there occasions when public notice is not needed regarding abandonment/destruction of excess personal property?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Personal Property WhoseDisposal Requires Special Handling</HD>
                <SECTNO>102-36.335</SECTNO>
                <SUBJECT>Are there certain types of excess personal property that must be disposed of differently from normal disposal procedures?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Aircraft and Aircraft Parts</HD>
                  <SECTNO>102-36.340</SECTNO>
                  <SUBJECT>What must we do when disposing of excess aircraft?</SUBJECT>
                  <SECTNO>102-36.345</SECTNO>
                  <SUBJECT>May we dispose of excess Flight Safety Critical Aircraft Parts (FSCAP)?</SUBJECT>
                  <SECTNO>102-36.350</SECTNO>
                  <SUBJECT>How do we identify a FSCAP?</SUBJECT>
                  <SECTNO>102-36.355</SECTNO>
                  <SUBJECT>What are the FSCAP Criticality Codes?</SUBJECT>
                  <SECTNO>102-36.360</SECTNO>
                  <SUBJECT>How do we dispose of aircraft parts that are life-limited but have no FSCAP designation?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Canines, Law Enforcement</HD>
                  <SECTNO>102-36.365</SECTNO>
                  <SUBJECT>May we transfer or donate canines that have been used in the performance of law enforcement duties?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Disaster Relief Property</HD>
                  <SECTNO>102-36.370</SECTNO>
                  <SUBJECT>Are there special requirements concerning the use of excess personal property for disaster relief?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Firearms</HD>
                  <SECTNO>102-36.375</SECTNO>
                  <SUBJECT>May we dispose of excess firearms?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Foreign Excess Personal Property</HD>
                  <SECTNO>102-36.380</SECTNO>
                  <SUBJECT>Who is responsible for disposing of foreign excess personal property?</SUBJECT>
                  <SECTNO>102-36.385</SECTNO>

                  <SUBJECT>What are our responsibilities in the disposal of foreign excess personal property?<PRTPAGE P="88"/>
                  </SUBJECT>
                  <SECTNO>102-36.390</SECTNO>
                  <SUBJECT>How may we dispose of foreign excess personal property?</SUBJECT>
                  <SECTNO>102-36.395</SECTNO>
                  <SUBJECT>How may GSA assist us in disposing of foreign excess personal property?</SUBJECT>
                  <SECTNO>102-36.400</SECTNO>
                  <SUBJECT>Who pays for the transportation costs when foreign excess personal property is returned to the United States?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Gifts</HD>
                  <SECTNO>102-36.405</SECTNO>
                  <SUBJECT>May we keep gifts given to us from the public?</SUBJECT>
                  <SECTNO>102-36.410</SECTNO>
                  <SUBJECT>How do we dispose of a gift in the form of money or intangible personal property?</SUBJECT>
                  <SECTNO>102-36.415</SECTNO>
                  <SUBJECT>How do we dispose of gifts other than intangible personal property?</SUBJECT>
                  <SECTNO>102-36.420</SECTNO>
                  <SUBJECT>How do we dispose of gifts from foreign governments or entities?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Hazardous Personal Property</HD>
                  <SECTNO>102-36.425</SECTNO>
                  <SUBJECT>May we dispose of excess hazardous personal property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Munitions List Items/Commerce Control List Items (MLIs/CCLIs)</HD>
                  <SECTNO>102-36.430</SECTNO>
                  <SUBJECT>May we dispose of excess Munitions List Items (MLIs)/Commerce Control List Items (CCLIs)?</SUBJECT>
                  <SECTNO>102-36.435</SECTNO>
                  <SUBJECT>How do we identify Munitions List Items (MLIs)/Commerce Control List Items (CCLIs) requiring demilitarization?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Printing Equipment and Supplies</HD>
                  <SECTNO>102-36.440</SECTNO>
                  <SUBJECT>Are there special procedures for reporting excess printing and binding equipment and supplies?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Red Cross Property</HD>
                  <SECTNO>102-36.445</SECTNO>
                  <SUBJECT>Do we report excess personal property originally acquired from or through the American National Red Cross?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Shelf-Life Items</HD>
                  <SECTNO>102-36.450</SECTNO>
                  <SUBJECT>Do we report excess shelf-life items?</SUBJECT>
                  <SECTNO>102-36.455</SECTNO>
                  <SUBJECT>How do we report excess shelf-life items?</SUBJECT>
                  <SECTNO>102-36.460</SECTNO>
                  <SUBJECT>Do we report excess medical shelf-life items held for national emergency purposes?</SUBJECT>
                  <SECTNO>102-36.465</SECTNO>
                  <SUBJECT>May we transfer or exchange excess medical shelf-life items with other Federal agencies?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Vessels</HD>
                  <SECTNO>102-36.470</SECTNO>
                  <SUBJECT>What must we do when disposing of excess vessels?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart F—Miscellaneous Disposition</HD>
                <SECTNO>102-36.475</SECTNO>
                <SUBJECT>What is the authority for transfers under “Computers for Learning”?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>65 FR 31218, May 16, 2000, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General Provisions</HD>
              <SECTION>
                <SECTNO>§ 102-36.5</SECTNO>
                <SUBJECT>What is the governing authority for this part?</SUBJECT>
                <P>Section 205(c) of the Federal Property and Administrative Services Act of 1949, as amended (the Property Act) (40 U.S.C. 486), authorizes the Administrator of General Services to prescribe regulations as he deems necessary to carry out his functions under the Property Act. Section 202 of the Property Act (40 U.S.C. 483) authorizes the General Services Administration (GSA) to prescribe policies to promote the maximum use of excess Government personal property by executive agencies.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.10</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <P>This part covers the acquisition, transfer, and disposal, by executive agencies, of excess personal property located in the United States, the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.15</SECTNO>
                <SUBJECT>Who must comply with the provisions of this part?</SUBJECT>
                <P>All executive agencies must comply with the provisions of this part. The legislative and judicial branches are encouraged to report and transfer excess personal property and fill their personal property requirements from excess in accordance with these provisions.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.20</SECTNO>
                <SUBJECT>To whom do “we”, “you”, and their variants refer?</SUBJECT>
                <P>Use of pronouns “we”, “you”, and their variants throughout this part refer to the agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.25</SECTNO>
                <SUBJECT>How do we request a deviation from these requirements and who can approve it?</SUBJECT>
                <P>See §§ 102-2.60 through 102-2.110 of this chapter to request a deviation from the requirements of this part.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="89"/>
                <SECTNO>§ 102-36.30</SECTNO>
                <SUBJECT>When is personal property excess?</SUBJECT>
                <P>Personal property is excess when it is no longer needed by the activities within your agency to carry out the functions of official programs, as determined by the agency head or designee.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.35</SECTNO>
                <SUBJECT>What is the typical process for disposing of excess personal property?</SUBJECT>
                <P>(a) You must ensure personal property not needed by your activity is offered for use elsewhere within your agency. If the property is no longer needed by any activity within your agency, your agency declares the property excess and reports it to GSA for possible transfer to eligible recipients, including Federal agencies for direct use or for use by their contractors, project grantees, or cooperative agreement recipients. All executive agencies must, to the maximum extent practicable, fill requirements for personal property by using existing agency property or by obtaining excess property from other Federal agencies in lieu of new procurements.</P>
                <P>(b) If GSA determines that there are no Federal requirements for your excess personal property, it becomes surplus property and is available for donation to State and local public agencies and other eligible non-Federal activities. The Property Act requires that surplus personal property be distributed to eligible recipients by an agency established by each State for this purpose, the State Agency for Surplus Property.</P>
                <P>(c) Surplus personal property not selected for donation is offered for sale to the public by competitive offerings such as sealed bid sales, spot bid sales or auctions. You may conduct or contract for the sale of your surplus personal property, or have GSA or another executive agency conduct the sale on behalf of your agency in accordance with part 101-45 of this title. You must inform GSA at the time the property is reported as excess if you do not want GSA to conduct the sale for you.</P>
                <P>(d) If a written determination is made that the property has no commercial value or the estimated cost of its continued care and handling would exceed the estimated proceeds from its sale, you may dispose of the property by abandonment or destruction, or donate it to public bodies.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Definitions</HD>
                <SECTION>
                  <SECTNO>§ 102-36.40</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                  <P>The following definitions apply to this part:</P>
                  <P>
                    <E T="03">Commerce Control List Items (CCLIs)</E> are dual use (commercial/military) items that are subject to export control by the Bureau of Export Administration, Department of Commerce. These items have been identified in the U.S. Export Administration Regulations (15 CFR part 774) as export controlled for reasons of national security, crime control, technology transfer and scarcity of materials.</P>
                  <P>
                    <E T="03">Cooperative</E> means the organization or entity that has a cooperative agreement with a Federal agency.</P>
                  <P>
                    <E T="03">Cooperative agreement</E> means a legal instrument reflecting a relationship between a Federal agency and a non-Federal recipient, made in accordance with the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6301-6308), under any or all of the following circumstances:</P>
                  <P>(1) The purpose of the relationship is the transfer, between a Federal agency and a non-Federal entity, of money, property, services, or anything of value to accomplish a public purpose authorized by law, rather than by purchase, lease, or barter, for the direct benefit or use of the Federal Government.</P>
                  <P>(2) Substantial involvement is anticipated between the Federal agency and the cooperative during the performance of the agreed upon activity.</P>
                  <P>(3) The cooperative is a State or local government entity or any person or organization authorized to receive Federal assistance or procurement contracts.</P>
                  <P>
                    <E T="03">Demilitarization</E> means, as defined by the Department of Defense, the act of destroying the military capabilities inherent in certain types of equipment or material. Such destruction may include deep sea dumping, mutilation, cutting, crushing, scrapping, melting, burning, or alteration so as to prevent the further use of the item for its originally intended purpose.<PRTPAGE P="90"/>
                  </P>
                  <P>
                    <E T="03">Excess personal property</E> means any personal property under the control of any Federal agency that is no longer required for that agency's needs, as determined by the agency head or designee.</P>
                  <P>
                    <E T="03">Exchange/sale property</E> means property not excess to the needs of the holding agency but eligible for replacement, which is exchanged or sold under the provisions of part 101-46 of this title in order to apply the exchange allowance or proceeds of sale in whole or part payment for replacement with a similar item.</P>
                  <P>
                    <E T="03">Executive agency</E> means any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation.</P>
                  <P>
                    <E T="03">Fair market value</E> means the best estimate of the gross sales proceeds if the property were to be sold in a public sale.</P>
                  <P>
                    <E T="03">Federal agency</E> means any executive agency or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his/her direction).</P>
                  <P>
                    <E T="03">Federal Disposal System (FEDS)</E> is GSA's automated excess personal property system. For additional information on using FEDS, access http://pub.fss.gsa.gov/property/.</P>
                  <P>
                    <E T="03">Flight Safety Critical Aircraft Part (FSCAP)</E> is any aircraft part, assembly, or installation containing a critical characteristic whose failure, malfunction, or absence could cause a catastrophic failure resulting in engine shut-down or loss or serious damage to the aircraft resulting in an unsafe condition.</P>
                  <P>
                    <E T="03">Foreign excess personal property</E> is any U.S. owned excess personal property located outside the United States (U.S.), the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.</P>
                  <P>
                    <E T="03">Grant</E> means a type of assistance award and a legal instrument which permits a Federal agency to transfer money, property, services or other things of value to a grantee when no substantial involvement is anticipated between the agency and the recipient during the performance of the contemplated activity.</P>
                  <P>
                    <E T="03">Hazardous personal property</E> means property that is deemed a hazardous material, chemical substance or mixture, or hazardous waste under the Hazardous Materials Transportation Act (HMTA) (49 U.S.C. 5101), the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901-6981), or the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601-2609).</P>
                  <P>
                    <E T="03">Holding agency</E> means the Federal agency having accountability for, and generally possession of, the property involved.</P>
                  <P>
                    <E T="03">Intangible personal property</E> means personal property in which the existence and value of the property is generally represented by a descriptive document rather than the property itself. Some examples are patents, patent rights, processes, techniques, inventions, copyrights, negotiable instruments, money orders, bonds, and shares of stock.</P>
                  <P>
                    <E T="03">Life-limited aircraft part</E> is an aircraft part that has a finite service life expressed in either total operating hours, total cycles, and/or calendar time.</P>
                  <P>
                    <E T="03">Line item</E> means a single line entry, on a reporting form or transfer order, for items of property of the same type having the same description, condition code, and unit cost.</P>
                  <P>
                    <E T="03">Munitions List Items (MLIs)</E> are commodities (usually defense articles/defense services) listed in the International Traffic in Arms Regulation (22 CFR part 121), published by the U.S. Department of State.</P>
                  <P>
                    <E T="03">Nonappropriated fund activity</E> means an activity or entity that is not funded by money appropriated from the general fund of the U.S. Treasury, such as post exchanges, ship stores, military officers' clubs, veterans' canteens, and similar activities. Such property is not Federal property.</P>
                  <P>
                    <E T="03">Personal property</E> means any property, except real property. For purposes of this part, the term excludes records of the Federal Government, and naval vessels of the following categories: battleships, cruisers, aircraft carriers, destroyers, and submarines.</P>
                  <P>
                    <E T="03">Project grant</E> means a grant made for a specific purpose and with a specific termination date.<PRTPAGE P="91"/>
                  </P>
                  <P>
                    <E T="03">Property Act</E> means the Federal Property and Administrative Services Act of 1949 (63 Stat. 386), as amended.</P>
                  <P>
                    <E T="03">Public agency</E> means any State, political subdivision thereof, including any unit of local government or economic development district; any department, agency, or instrumentality thereof, including instrumentalities created by compact or other agreement between States or political subdivisions; multijurisdictional substate districts established by or pursuant to State law; or any Indian tribe, band, group, pueblo, or community located on a State reservation.</P>
                  <P>
                    <E T="03">Related personal property</E> means any personal property that is an integral part of real property. It is:</P>
                  <P>(1) Related to, designed for, or specifically adapted to the functional capacity of the real property and removal of this personal property would significantly diminish the economic value of the real property; or</P>
                  <P>(2) Determined by the Administrator of General Services to be related to the real property.</P>
                  <P>
                    <E T="03">Salvage</E> means property that has value greater than its basic material content but for which repair or rehabilitation is clearly impractical and/or uneconomical.</P>
                  <P>
                    <E T="03">Scrap</E> means property that has no value except for its basic material content.</P>
                  <P>
                    <E T="03">Screening period</E> means the period in which excess and surplus personal property are made available for excess transfer or surplus donation to eligible recipients.</P>
                  <P>
                    <E T="03">Shelf-life item</E> is any item that deteriorates over time or has unstable characteristics such that a storage period must be assigned to assure the item is issued within that period to provide satisfactory performance. Management of such items is governed by part 101-27, subpart 27.2, of this title and by DOD instructions, for executive agencies and DOD respectively.</P>
                  <P>
                    <E T="03">Surplus personal property (surplus)</E> means excess personal property no longer required by the Federal agencies as determined by GSA.</P>
                  <P>
                    <E T="03">Surplus release date</E> means the date when Federal screening has been completed and the excess property becomes surplus.</P>
                  <P>
                    <E T="03">Transfer with reimbursement</E> means a transfer of excess personal property between Federal agencies where the recipient is required to pay, i.e. reimburse the holding agency, for the property.</P>
                  <P>
                    <E T="03">Unit cost</E> means the original acquisition cost of a single item of property.</P>
                  <P>
                    <E T="03">United States</E> means all the 50 States and the District of Columbia.</P>
                  <P>
                    <E T="03">Vessels</E> means ships, boats and craft designed for navigation in and on the water, propelled by oars or paddles, sail, or power.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Responsibility</HD>
                <SECTION>
                  <SECTNO>§ 102-36.45</SECTNO>
                  <SUBJECT>What are our responsibilities in the management of excess personal property?</SUBJECT>
                  <P>(a) Agency procurement policies should require consideration of excess personal property before authorizing procurement of new personal property.</P>
                  <P>(b) You are encouraged to designate national and regional property management officials to:</P>
                  <P>(1) Promote the use of available excess personal property to the maximum extent practicable by your agency.</P>
                  <P>(2) Review and approve the acquisition and disposal of excess personal property.</P>
                  <P>(3) Ensure that any agency implementing procedures comply with this part.</P>
                  <P>(c) When acquiring excess personal property, you must:</P>
                  <P>(1) Limit the quantity acquired to that which is needed to adequately perform the function necessary to support the mission of your agency.</P>
                  <P>(2) Establish controls over the processing of excess personal property transfer orders.</P>
                  <P>(3) Facilitate the timely pickup of acquired excess personal property from the holding agency.</P>
                  <P>(d) While excess personal property you have acquired is in your custody, or the custody of your non-Federal recipients and the Government retains title, you and/or the non-Federal recipient must do the following:</P>
                  <P>(1) Establish and maintain a system for property accountability.</P>

                  <P>(2) Protect the property against hazards including but not limited to fire, theft, vandalism, and weather.<PRTPAGE P="92"/>
                  </P>
                  <P>(3) Perform the care and handling of personal property. “Care and handling” includes completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus personal property, and destroying or rendering innocuous property which is dangerous to public health or safety.</P>
                  <P>(4) Maintain appropriate inventory levels as set forth in part 101-27 of this title.</P>
                  <P>(5) Continuously monitor the personal property under your control to assure maximum use, and develop and maintain a system to prevent and detect nonuse, improper use, unauthorized disposal or destruction of personal property.</P>
                  <P>(e) When you no longer need personal property to carry out the mission of your program, you must:</P>
                  <P>(1) Offer the property for reassignment to other activities within your agency.</P>
                  <P>(2) Promptly report excess personal property to GSA when it is no longer needed by any activity within your agency for further reuse by eligible recipients.</P>
                  <P>(3) Continue the care and handling of excess personal property while it goes through the disposal process.</P>
                  <P>(4) Facilitate the timely transfer of excess personal property to other Federal agencies or authorized eligible recipients.</P>
                  <P>(5) Provide reasonable access to authorized personnel for inspection and removal of excess personal property.</P>
                  <P>(6) Ensure that final disposition complies with applicable environmental, health, safety and national security regulations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.50</SECTNO>
                  <SUBJECT>May we use a contractor to perform the functions of excess personal property disposal?</SUBJECT>
                  <P>Yes, you may use service contracts to perform disposal functions that are not inherently Governmental, such as warehousing or custodial duties. You are responsible for ensuring that the contractor conforms with the requirements of the Property Act and the Federal Management Regulation (41 CFR chapter 102), and any other applicable statutes and regulations when performing these functions.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.55</SECTNO>
                  <SUBJECT>What is GSA's role in the disposition of excess personal property?</SUBJECT>
                  <P>In addition to developing and issuing regulations for the management of excess personal property, GSA:</P>
                  <P>(a) Screens and offers available excess personal property to Federal agencies and eligible non-Federal recipients.</P>
                  <P>(b) Approves and processes transfers of excess personal property to eligible activities.</P>
                  <P>(c) Determines the amount of reimbursement for transfers of excess personal property when appropriate.</P>
                  <P>(d) Conducts sales of surplus and exchange/sale personal property when requested by an agency.</P>
                  <P>(e) Maintains an automated system, FEDS, to facilitate the reporting and transferring of excess personal property.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Acquiring Excess Personal Property For Our Agency</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Acquiring Excess</HD>
                <SECTION>
                  <SECTNO>§ 102-36.60</SECTNO>
                  <SUBJECT>Who is eligible to acquire excess personal property as authorized by the Property Act?</SUBJECT>
                  <P>The following are eligible to acquire excess personal property:</P>
                  <P>(a) Federal agencies (for their own use or use by their authorized contractors, cooperatives, and project grantees).</P>
                  <P>(b) The Senate.</P>
                  <P>(c) The House of Representatives.</P>
                  <P>(d) The Architect of the Capitol and any activities under his direction.</P>
                  <P>(e) The DC Government.</P>
                  <P>(f) Mixed-ownership Government corporations as defined in 31 U.S.C. 9101.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.65</SECTNO>
                  <SUBJECT>Why must we use excess personal property instead of buying new property?</SUBJECT>

                  <P>Using excess personal property to the maximum extent practicable maximizes the return on Government dollars spent and minimizes expenditures for new procurement. Before purchasing new property, check with the appropriate regional GSA Personal Property Management office or access <PRTPAGE P="93"/>FEDS for any available excess personal property that may be suitable for your needs. You must use excess personal property unless it would cause serious hardship, be impractical, or impair your operations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.70</SECTNO>
                  <SUBJECT>What must we consider when acquiring excess personal property?</SUBJECT>
                  <P>Consider the following when acquiring excess personal property:</P>
                  <P>(a) There must be an authorized requirement.</P>
                  <P>(b) The cost of acquiring and maintaining the excess personal property (including packing, shipping, pickup, and necessary repairs) does not exceed the cost of purchasing and maintaining new material.</P>
                  <P>(c) The sources of spare parts or repair/maintenance services to support the acquired item are readily accessible.</P>
                  <P>(d) The supply of excess parts acquired must not exceed the life expectancy of the equipment supported.</P>
                  <P>(e) The excess personal property will fulfill the required need with reasonable certainty without sacrificing mission or schedule.</P>
                  <P>(f) You must not acquire excess personal property with the intent to sell or trade for other assets.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.75</SECTNO>
                  <SUBJECT>Do we pay for excess personal property we acquire from another Federal agency under a transfer?</SUBJECT>
                  <P>(a) No, except for the situations listed in paragraph (b) of this section, you do not pay for the property. However, you are responsible for shipping and transportation costs. Where applicable, you may also be required to pay packing, loading, and any costs directly related to the dismantling of the property when required for the purpose of transporting the property.</P>

                  <P>(b) You may be required to reimburse the holding agency for excess personal property transferred to you (<E T="03">i.e.,</E> transfer with reimbursement) when:</P>
                  <P>(1) Reimbursement is directed by GSA.</P>
                  <P>(2) The property was originally acquired with funds not appropriated from the general fund of the Treasury or appropriated therefrom but by law reimbursable from assessment, tax, or other revenue and the holding agency requests reimbursement. It is executive branch policy that working capital fund property shall be transferred without reimbursement.</P>
                  <P>(3) The property was acquired with appropriated funds, but reimbursement is required or authorized by law.</P>
                  <P>(4) You or the holding agency is the U.S. Postal Service (USPS).</P>
                  <P>(5) You are acquiring excess personal property for use by a project grantee that is a public agency or a nonprofit organization and exempt from taxation under 26 U.S.C. 501.</P>
                  <P>(6) You or the holding agency is the DC Government.</P>
                  <P>(7) You or the holding agency is a wholly owned or mixed-ownership Government corporation as defined in the Government Corporation Control Act (31 U.S.C. 9101-9110).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.80</SECTNO>
                  <SUBJECT>How much do we pay for excess personal property on a transfer with reimbursement?</SUBJECT>
                  <P>(a) You may be required to reimburse the holding agency the fair market value when the transfer involves any of the conditions in § 102-36.75(b)(1) through (b)(4).</P>
                  <P>(b) When acquiring excess personal property for your project grantees (§ 102-36.75(b)(5)), you are required to deposit into the miscellaneous receipts fund of the U.S. Treasury an amount equal to 25 percent of the original acquisition cost of the property, except for transfers under the conditions cited in § 102-36.190.</P>

                  <P>(c) When you or the holding agency is the DC Government or a wholly owned or mixed-ownership Government corporation (§ 102-36.75(b)(6) or (b)(7)), you are required to reimburse the holding agency using fair value reimbursement. Fair value reimbursement is 20 percent of the original acquisition cost for new or unused property (<E T="03">i.e.,</E> condition code 1), and zero percent for other personal property. Where circumstances warrant, a higher fair value may be used if the agencies concerned agree. Due to special circumstances or the unusual nature of the property, the holding agency may use other criteria for establishing fair value if approved or directed by GSA. You must refer any disagreements to the appropriate regional <PRTPAGE P="94"/>GSA Personal Property Management office.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.85</SECTNO>
                  <SUBJECT>Do we pay for personal property we acquire when it is disposed of by another agency under the exchange/sale authority, and how much do we pay?</SUBJECT>
                  <P>Yes, you must pay for personal property disposed of under the exchange/sale authority, in the amount required by the holding agency. The amount of reimbursement is normally the fair market value.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Screening of Excess</HD>
                <SECTION>
                  <SECTNO>§ 102-36.90</SECTNO>
                  <SUBJECT>How do we find out what personal property is available as excess?</SUBJECT>
                  <P>You may use the following methods to find out what excess personal property is available:</P>
                  <P>(a) Check GSA's automated excess personal property system FEDS. For information on FEDS access http://pub.fss.gsa.gov/property/.</P>
                  <P>(b) Contact or submit want lists to regional GSA Personal Property Management offices.</P>
                  <P>(c) Check any available holding agency websites (see http://www.policyworks.gov/surplus for a list of Federal agency websites.).</P>
                  <P>(d) Conduct on-site screening at various Federal facilities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.95</SECTNO>
                  <SUBJECT>How long is excess personal property available for screening?</SUBJECT>
                  <P>The screening period for excess personal property is normally 21 calendar days. GSA may extend or shorten the screening period in coordination with the holding agency. For screening timeframes for Government property in the possession of contractors see the Federal Acquisition Regulation (48 CFR part 45).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.100</SECTNO>
                  <SUBJECT>When does the screening period start for excess personal property?</SUBJECT>
                  <P>Screening starts when GSA receives the report of excess personal property (see § 102-36.230).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.105</SECTNO>
                  <SUBJECT>Who is authorized to screen and where do we go to screen excess personal property on-site?</SUBJECT>
                  <P>You may authorize your agency employees, contractors, or non-Federal recipients that you sponsor to screen excess personal property. You may visit Defense Reutilization and Marketing Offices (DRMOs) and DOD contractor facilities to screen excess personal property generated by the Department of Defense. You may also inspect excess personal property at various civilian agency facilities throughout the United States.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.110</SECTNO>
                  <SUBJECT>Do we need authorization to screen excess personal property?</SUBJECT>
                  <P>(a) Yes, when entering a Federal facility, Federal agency employees must present a valid Federal ID. Non-Federal individuals will need proof of authorization from their sponsoring Federal agency in addition to a valid picture identification.</P>
                  <P>(b) Entry on some Federal and contractor facilities may require special authorization from that facility. Persons wishing to screen excess personal property on such a facility must obtain approval from that agency. Contact your regional GSA Personal Property Management office for locations and accessibility.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.115</SECTNO>
                  <SUBJECT>What information must we include in the authorization form for non-Federal persons to screen excess personal property?</SUBJECT>
                  <P>(a) For non-Federal persons to screen excess personal property, you must provide on the authorization form:</P>
                  <P>(1) The individual's name and the organization he/she represents;</P>
                  <P>(2) The period of time and location(s) in which screening will be conducted; and</P>
                  <P>(3) The number and completion date of the applicable contract, cooperative agreement, or grant.</P>
                  <P>(b) An authorized official of your agency must sign the authorization form.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.120</SECTNO>
                  <SUBJECT>What are our responsibilities in authorizing a non-Federal individual to screen excess personal property?</SUBJECT>
                  <P>You must do the following:<PRTPAGE P="95"/>
                  </P>
                  <P>(a) Ensure that the non-Federal screener certifies that any and all property requested will be used for authorized official purpose(s).</P>
                  <P>(b) Maintain a record of the authorized screeners under your authority, to include names, addresses and telephone numbers, and any additional identifying information such as driver's license or social security numbers.</P>
                  <P>(c) Retrieve any expired or invalid screener's authorization forms.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Processing Transfers</HD>
                <SECTION>
                  <SECTNO>§ 102-36.125</SECTNO>
                  <SUBJECT>How do we process a Standard Form 122 (SF 122), Transfer Order Excess Personal Property, through GSA?</SUBJECT>
                  <P>(a) You must first contact the appropriate regional GSA Personal Property Management office to assure the property is available to you. Submit your request on a SF 122, Transfer Order Excess Personal Property, to the region in which the property is located. For the types of property listed in the table in paragraph (b) of this section, submit the SF 122 to the corresponding GSA regions. You may submit the SF 122 manually or transmit the required information by electronic media (FEDS) or any other transfer form specified and approved by GSA.</P>
                  <P>(b) For the following types of property, you must submit the SF 122 to the corresponding GSA regions:</P>
                  <GPOTABLE CDEF="s40,xls30,r60" COLS="3" OPTS="L2">
                    <BOXHD>
                      <CHED H="1">Type of property</CHED>
                      <CHED H="1">GSA region</CHED>
                      <CHED H="1">Location</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">Aircraft</ENT>
                      <ENT>9 FBP</ENT>
                      <ENT>San Francisco, CA 94102.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Firearms</ENT>
                      <ENT>7 FP-8</ENT>
                      <ENT>Denver, CO 80225.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Foreign Gifts</ENT>
                      <ENT>FBP</ENT>
                      <ENT>Washington, DC 20406.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Forfeited Property</ENT>
                      <ENT>3 FP</ENT>
                      <ENT>Washington, DC 20407.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Standard Forms</ENT>
                      <ENT>7 FMP</ENT>
                      <ENT>Ft. Worth, TX 76102.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Vessels, civilian</ENT>
                      <ENT>4 FD</ENT>
                      <ENT>Atlanta, GA 30365.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Vessels, DOD</ENT>
                      <ENT>3 FPD</ENT>
                      <ENT>Philadelphia, PA 19107.</ENT>
                    </ROW>
                  </GPOTABLE>
                  <CITA>[65 FR 31218, May 16, 2000; 65 FR 33889, May 25, 2000]</CITA>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.130</SECTNO>
                  <SUBJECT>What are our responsibilities in processing transfer orders of excess personal property?</SUBJECT>
                  <P>Whether the excess is for your use or for use by a non-Federal recipient that you sponsor, you must:</P>
                  <P>(a) Ensure that only authorized Federal officials of your agency sign the SF 122 prior to submission to GSA for approval.</P>
                  <P>(b) Ensure that excess personal property approved for transfer is used for authorized official purpose(s).</P>
                  <P>(c) Advise GSA of names of agency officials that are authorized to approve SF 122s, and notify GSA of any changes in signatory authority.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.135</SECTNO>
                  <SUBJECT>How much time do we have to pick up excess personal property that has been approved for transfer?</SUBJECT>
                  <P>When the holding agency notifies you that the property is ready for removal, you normally have 15 calendar days to pick up the property, unless otherwise coordinated with the holding agency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.140</SECTNO>
                  <SUBJECT>May we arrange to have the excess personal property shipped to its final destination?</SUBJECT>
                  <P>Yes, when the holding agency agrees to provide assistance in preparing the property for shipping. You may be required to pay the holding agency any direct costs in preparing the property for shipment. You must provide shipping instructions and the appropriate fund code for billing purposes on the SF 122.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Direct Transfers</HD>
                <SECTION>
                  <SECTNO>§ 102-36.145</SECTNO>
                  <SUBJECT>May we obtain excess personal property directly from another Federal agency without GSA approval?</SUBJECT>
                  <P>Yes, but only under the following situations:</P>
                  <P>(a) You may obtain excess personal property that has not yet been reported to GSA, provided the total acquisition cost of the excess property does not exceed $10,000 per line item. You must ensure that a SF 122 is completed for the direct transfer and that an authorized official of your agency signs the SF 122. You must provide a copy of the SF 122 to the appropriate regional GSA office within 10 workdays from the date of the transaction.</P>

                  <P>(b) You may obtain excess personal property exceeding the $10,000 per line item limitation, provided you first contact the appropriate regional GSA Personal Property Management office for verbal approval of a prearranged transfer. You must annotate the SF 122 with the name of the GSA approving official and the date of the verbal approval, <PRTPAGE P="96"/>and provide a copy of the SF 122 to GSA within 10 workdays from the date of transaction.</P>
                  <P>(c) You are subject to the requirement to pay reimbursement for the excess personal property under a direct transfer when any of the conditions in § 102-36.75(b) applies.</P>
                  <P>(d) You may obtain excess personal property directly from another Federal agency without GSA approval when that Federal agency has statutory authority to dispose of such excess personal property and you are an eligible recipient.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Acquiring Excess Personal Property for Non-Federal Recipients</HD>
              <SECTION>
                <SECTNO>§ 102-36.150</SECTNO>
                <SUBJECT>For which non-Federal activities may we acquire excess personal property?</SUBJECT>
                <P>Under the Property Act you may acquire and furnish excess personal property for use by your nonappropriated fund activities, contractors, cooperatives, and project grantees. You may acquire and furnish excess personal property for use by other eligible recipients only when you have specific statutory authority to do so.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.155</SECTNO>
                <SUBJECT>What are our responsibilities when acquiring excess personal property for use by a non-Federal recipient?</SUBJECT>
                <P>When acquiring excess personal property for use by a non-Federal recipient, your authorized agency official must:</P>
                <P>(a) Ensure the use of excess personal property by the non-Federal recipient is authorized and complies with applicable Federal regulations and agency guidelines.</P>
                <P>(b) Determine that the use of excess personal property will reduce the costs to the Government and/or that it is in the Government's best interest to furnish excess personal property.</P>
                <P>(c) Review and approve transfer documents for excess personal property as the sponsoring Federal agency.</P>
                <P>(d) Ensure the non-Federal recipient is aware of his obligations under the FMR and your agency regulations regarding the management of excess personal property.</P>
                <P>(e) Ensure the non-Federal recipient does not stockpile the property but places the property into use within a reasonable period of time, and has a system to prevent nonuse, improper use, or unauthorized disposal or destruction of excess personal property furnished.</P>
                <P>(f) Establish provisions and procedures for property accountability and disposition in situations when the Government retains title.</P>
                <P>(g) Report annually to GSA excess personal property furnished to non-Federal recipients during the year (see § 102-36.295).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.160</SECTNO>
                <SUBJECT>What additional information must we provide on the SF 122 when acquiring excess personal property for non-Federal recipients?</SUBJECT>
                <P>Annotate on the SF 122, the name of the non-Federal recipient and the contract, grant or agreement number, when applicable, and the scheduled completion/expiration date of the contract, grant or agreement. If the remaining time prior to the expiration date is less than 60 calendar days, you must certify that the contract, grant or agreement will be extended or renewed or provide other written justification for the transfer.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Nonappropriated Fund Activities</HD>
                <SECTION>
                  <SECTNO>§ 102-36.165</SECTNO>
                  <SUBJECT>Do we retain title to excess personal property furnished to a nonappropriated fund activity within our agency?</SUBJECT>
                  <P>Yes, title to excess personal property furnished to a nonappropriated fund activity remains with the Federal Government and you are accountable for establishing controls over the use of such excess property in accordance with § 102-36.45(d). When such property is no longer required by the nonappropriated fund activity, you must reuse or dispose of the property in accordance with this part.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.170</SECTNO>
                  <SUBJECT>May we transfer personal property owned by one of our nonappropriated fund activities?</SUBJECT>

                  <P>Property purchased by a nonappropriated fund activity is not Federal property. A nonappropriated fund activity has the option of making its <PRTPAGE P="97"/>privately owned personal property available for transfer to a Federal agency, usually with reimbursement. If such reimbursable personal property is not transferred to another Federal agency, it may be offered for sale. Such property is not available for donation.</P>
                  <CITA>[65 FR 31218, May 16, 2000, as amended at 65 FR 33778, May 25, 2000]</CITA>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Contractors</HD>
                <SECTION>
                  <SECTNO>§ 102-36.175</SECTNO>
                  <SUBJECT>Are there restrictions to acquiring excess personal property for use by our contractors?</SUBJECT>
                  <P>Yes, you may acquire and furnish excess personal property for use by your contractors subject to the criteria and restrictions in the Federal Acquisition Regulation (48 CFR part 45). When such property is no longer needed by your contractors or your agency, you must dispose of the excess personal property in accordance with the provisions of this part.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Cooperatives</HD>
                <SECTION>
                  <SECTNO>§ 102-36.180</SECTNO>
                  <SUBJECT>Is there any limitation/condition to acquiring excess personal property for use by cooperatives?</SUBJECT>
                  <P>Yes, you must limit the total dollar amount of property transfers (in terms of original acquisition cost) to the dollar value of the cooperative agreement. For any transfers in excess of such amount, you must ensure that an official of your agency at a level higher than the officer administering the agreement approves the transfer. The Federal Government retains title to such property, except when provided by specific statutory authority.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Project Grantees</HD>
                <SECTION>
                  <SECTNO>§ 102-36.185</SECTNO>
                  <SUBJECT>What are the requirements for acquiring excess personal property for use by our grantees?</SUBJECT>
                  <P>You may furnish excess personal property for use by your grantees only when:</P>
                  <P>(a) The grantee holds a Federally sponsored project grant;</P>
                  <P>(b) The grantee is a public agency or a nonprofit tax-exempt organization under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501);</P>
                  <P>(c) The property is for use in connection with the grant; and</P>
                  <P>(d) You pay 25 percent of the original acquisition cost of the excess personal property, such funds to be deposited into the miscellaneous receipts fund of the U.S. Treasury. Exceptions to paying this 25 percent are provided in § 102-36.190. Title to property vests in the grantee when your agency pays 25 percent of the original acquisition cost.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.190</SECTNO>
                  <SUBJECT>Must we always pay 25 percent of the original acquisition cost when furnishing excess personal property to project grantees?</SUBJECT>
                  <P>No, you may acquire excess personal property for use by a project grantee without paying the 25 percent fee when any of the following conditions apply:</P>
                  <P>(a) The personal property was originally acquired from excess sources by your agency and has been placed into official use by your agency for at least one year. The Federal Government retains title to such property.</P>
                  <P>(b) The property is furnished under section 203 of the Department of Agriculture Organic Act of 1944 (16 U.S.C. 580a) through the U.S. Forest Service in connection with cooperative State forest fire control programs. The Federal Government retains title to such property.</P>
                  <P>(c) The property is furnished by the U.S. Department of Agriculture to State or county extension services or agricultural research cooperatives under 40 U.S.C. 483(d)(2)(E). The Federal Government retains title to such property.</P>
                  <P>(d) The property is not needed for donation under part 101-44 of this title, and is transferred under section 608 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2358). Title to such property transfers to the grantee. (You need not wait until after the donation screening period when furnishing excess personal property to recipients under the Agency for International Development (AID) Development Loan Program.)</P>

                  <P>(e) The property is scientific equipment transferred under section 11(e) of the National Science Foundation (NSF) Act of 1950, as amended (42 U.S.C. 1870(e)). GSA will limit such transfers to property within Federal Supply <PRTPAGE P="98"/>Classification (FSC) groups 12, 14, 43, 48, 58, 59, 65, 66, 67, 68 and 70. GSA may approve transfers without reimbursement for property under other FSC groups when NSF certifies the item is a component of or related to a piece of scientific equipment or is a difficult-to-acquire item needed for scientific research. Regardless of FSC, GSA will not approve transfers of common-use or general-purpose items without reimbursement. Title to such property transfers to the grantee.</P>
                  <P>(f) The property is furnished in connection with grants to Indian tribes, as defined in section 3(c) of the Indian Financing Act (24 U.S.C. 1452(c)). Title passage is determined under the authorities of the administering agency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.195</SECTNO>
                  <SUBJECT>What type of excess personal property may we furnish to our project grantees?</SUBJECT>

                  <P>You may furnish to your project grantees any property, except for consumable items, determined to be necessary and usable for the purpose of the grant. Consumable items are generally not transferable to project grantees. GSA may approve transfers of excess consumable items when adequate justification for the transfer accompanies such requests. For the purpose of this section “consumable items” are items which are intended for one-time use and are actually consumed in that one time; <E T="03">e.g.,</E> drugs, medicines, surgical dressings, cleaning and preserving materials, and fuels.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.200</SECTNO>
                  <SUBJECT>May we acquire excess personal property for cannibalization purposes by the grantees?</SUBJECT>
                  <P>Yes, subject to GSA approval, you may acquire excess personal property for cannibalization purposes. You may be required to provide a supporting statement that indicates disassembly of the item for secondary use has greater benefit than utilization of the item in its existing form and cost savings to the Government will result.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.205</SECTNO>
                  <SUBJECT>Is there a limit to how much excess personal property we may furnish to our grantees?</SUBJECT>
                  <P>Yes, you must monitor transfers of excess personal property so the total dollar amount of property transferred (in original acquisition cost) does not exceed the dollar value of the grant. Any transfers above the grant amount must be approved by an official at an administrative level higher than the officer administering the grant.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Disposition of Excess Personal Property</HD>
              <SECTION>
                <SECTNO>§ 102-36.210</SECTNO>
                <SUBJECT>Why must we report excess personal property to GSA?</SUBJECT>
                <P>You must report excess personal property to promote reuse by the Government to enable Federal agencies to benefit from the continued use of property already paid for with taxpayers' money, thus minimizing new procurement costs. Reporting excess personal property to GSA helps assure that the information on available excess personal property is accessible and disseminated to the widest range of reuse customers.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Reporting Excess Personal Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.215</SECTNO>
                  <SUBJECT>How do we report excess personal property?</SUBJECT>
                  <P>Report excess personal property as follows:</P>
                  <P>(a) Electronically submit the data elements required on the Standard Form 120 (SF 120), Report of Excess Personal Property, in a format specified and approved by GSA; or</P>
                  <P>(b) Submit a paper SF 120 to the regional GSA Personal Property Management office.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.220</SECTNO>
                  <SUBJECT>Must we report all excess personal property to GSA?</SUBJECT>
                  <P>(a) Generally yes, regardless of the condition code, except as authorized in § 102-36.145 for direct transfers or as exempted in paragraph (b) of this section. Report all excess personal property, including excess personal property to which the Government holds title but is in the custody of your contractors, cooperatives, or project grantees.</P>
                  <P>(b) You are not required to report the following types of excess personal property to GSA for screening:</P>
                  <P>(1) Property determined appropriate for abandonment/destruction (see § 102-36.305).</P>

                  <P>(2) Nonappropriated fund property (see § 102-36.165).<PRTPAGE P="99"/>
                  </P>
                  <P>(3) Foreign excess personal property (see § 102-36.380).</P>
                  <P>(4) Scrap, except aircraft in scrap condition.</P>
                  <P>(5) Perishables, defined for the purposes of this section as any personal property subject to spoilage or decay.</P>
                  <P>(6) Trading stamps and bonus goods.</P>
                  <P>(7) Hazardous waste.</P>
                  <P>(8) Controlled substances.</P>
                  <P>(9) Nuclear Regulatory Commission-controlled materials.</P>
                  <P>(10) Property dangerous to public health and safety.</P>
                  <P>(11) Classified items or property determined to be sensitive for reasons of national security.</P>
                  <P>(c) Refer to part 101-42 of this title for additional guidance on the disposition of classes of property under paragraphs (b)(7) through (b)(11) of this section.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.225</SECTNO>
                  <SUBJECT>Must we report excess related personal property?</SUBJECT>
                  <P>Yes, you must report excess related personal property to the Office of Real Property, GSA, in accordance with part 101-47 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.230</SECTNO>
                  <SUBJECT>Where do we send the reports of excess personal property?</SUBJECT>
                  <P>(a) You must direct electronic submissions of excess personal property to the Federal Disposal System (FEDS) maintained by the Property Management Division (FBP), GSA, Washington, DC 20406.</P>
                  <P>(b) For paper submissions, you must send the SF 120 to the regional GSA Personal Property Management office for the region in which the property is located. For the categories of property listed in § 102-36.125(b), forward the SF 120 to the corresponding regions.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.235</SECTNO>
                  <SUBJECT>What information do we provide when reporting excess personal property?</SUBJECT>
                  <P>(a) You must provide the following data on excess personal property:</P>
                  <P>(1) The reporting agency and the property location.</P>
                  <P>(2) A report number (6-digit activity address code and 4-digit Julian date).</P>
                  <P>(3) 4-digit Federal Supply Class (use National Stock Number whenever available).</P>
                  <P>(4) Description of item, in sufficient detail.</P>
                  <P>(5) Quantity and unit of issue.</P>
                  <P>(6) Disposal Condition Code (see § 102-36.240).</P>
                  <P>(7) Original acquisition cost per unit and total cost (use estimate if original cost not available).</P>
                  <P>(8) Manufacturer, date of manufacture, part and serial number, when required by GSA.</P>
                  <P>(b) In addition, provide the following information on your report of excess, when applicable:</P>
                  <P>(1) Major parts/components that are missing.</P>
                  <P>(2) If repairs are needed, the type of repairs.</P>
                  <P>(3) Special requirements for handling, storage, or transportation.</P>
                  <P>(4) The required date of removal due to moving or space restrictions.</P>
                  <P>(5) If reimbursement is required, the authority under which the reimbursement is requested, the amount of reimbursement and the appropriate fund code to which money is to be deposited.</P>
                  <P>(6) If you will conduct the sale of personal property that is not transferred or donated.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.240</SECTNO>
                  <SUBJECT>What are the disposal condition codes?</SUBJECT>
                  <P>The disposal condition codes are contained in the following table:</P>
                  <GPOTABLE CDEF="xs25,r100" COLS="2" OPTS="L2,tp0,p7,6/7,g1,t1,i1">
                    <BOXHD>
                      <CHED H="1">Disposal condition code</CHED>
                      <CHED H="1">Definition</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">1</ENT>
                      <ENT>New. Property which is in new condition or unused condition and can be used immediately without modifications or repairs.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">4</ENT>
                      <ENT>Usable. Property which shows some wear, but can be used without significant repair.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">7</ENT>
                      <ENT>Repairable. Property which is unusable in its current condition but can be economically repaired.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">X</ENT>
                      <ENT>Salvage. Property which has value in excess of its basic material content, but repair or rehabilitation is impractical and/or uneconomical.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">S</ENT>
                      <ENT>Scrap. Property which has no value except for its basic material content.</ENT>
                    </ROW>
                  </GPOTABLE>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="100"/>
                <HD SOURCE="HED">Disposing of Excess Personal Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.245</SECTNO>
                  <SUBJECT>Are we accountable for the personal property that has been reported excess, and who is responsible for the care and handling costs?</SUBJECT>
                  <P>Yes, you are accountable for the excess personal property until the time it is picked up by the designated recipient or its agent. You are responsible for all care and handling charges while the excess personal property is going through the screening and disposal process.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.250</SECTNO>
                  <SUBJECT>Does GSA ever take physical custody of excess personal property?</SUBJECT>
                  <P>Generally you retain physical custody of the excess personal property prior to its final disposition. Very rarely GSA may consider accepting physical custody of excess personal property. Under special circumstances, GSA may take custody or may direct the transfer of partial or total custody to other executive agencies, with their consent.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.255</SECTNO>
                  <SUBJECT>What options do we have when unusual circumstances do not allow adequate time for disposal through GSA?</SUBJECT>
                  <P>Contact your regional GSA Personal Property Management office for any existing interagency agreements that would allow you to turn in excess personal property to a Federal facility. You are responsible for any turn-in costs and all costs related to transporting the excess personal property to these facilities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.260</SECTNO>
                  <SUBJECT>How do we promote the expeditious transfer of excess personal property?</SUBJECT>
                  <P>For expeditious transfer of excess personal property you should:</P>
                  <P>(a) Provide complete and accurate property descriptions and condition codes on the report of excess to facilitate the selection of usable property by potential users.</P>
                  <P>(b) Ensure that any available operating manual, parts list, diagram, maintenance log, or other instructional publication is made available with the property at the time of transfer.</P>
                  <P>(c) Advise the designated recipient of any special requirements for dismantling, shipping/transportation.</P>
                  <P>(d) When the excess personal property is located at a facility due to be closed, provide advance notice of the scheduled date of closing, and ensure there is sufficient time for screening and removal of property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.265</SECTNO>
                  <SUBJECT>What if there are competing requests for the same excess personal property?</SUBJECT>
                  <P>(a) GSA will generally approve transfers on a first-come, first-served basis. When more than one Federal agency requests the same item, and the quantity available is not sufficient to meet the demand of all interested agencies, GSA will consider factors such as national defense requirements, emergency needs, avoiding the necessity of a new procurement, energy conservation, transportation costs, and retention of title in the Government. GSA will normally give preference to the agency that will retain title in the Government.</P>
                  <P>(b) Requests for property for the purpose of cannibalization will normally be subordinate to requests for use of the property in its existing form.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.270</SECTNO>
                  <SUBJECT>What if a Federal agency requests personal property that is undergoing donation screening or in the sales process?</SUBJECT>
                  <P>Prior to final disposition, GSA will consider requests from authorized Federal activities for excess personal property undergoing donation screening or in the sales process. Federal transfers may be authorized prior to removal of the property under a donation or sales action.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.275</SECTNO>
                  <SUBJECT>May we dispose of excess personal property without GSA approval?</SUBJECT>
                  <P>No, you may not dispose of excess personal property without GSA approval except under the following limited situations:</P>

                  <P>(a) You may transfer to another Federal agency excess personal property that has not yet been reported to GSA, under direct transfer procedures contained in § 102-36.145.<PRTPAGE P="101"/>
                  </P>
                  <P>(b) You may dispose of excess personal property that is not required to be reported to GSA (see § 102-36.220(b)).</P>
                  <P>(c) You may dispose of excess personal property without going through GSA when such disposal is authorized by law.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.280</SECTNO>
                  <SUBJECT>May we withdraw from the disposal process excess personal property that we have reported to GSA?</SUBJECT>
                  <P>Yes, you may withdraw excess personal property from the disposal process, but only with the approval of GSA and to satisfy an internal agency requirement. Property that has been approved for transfer or donation or offered for sale by GSA may be returned to your control with proper justification.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Transfers With Reimbursement</HD>
                <SECTION>
                  <SECTNO>§ 102-36.285</SECTNO>
                  <SUBJECT>May we charge for personal property transferred to another Federal agency?</SUBJECT>
                  <P>(a) When any one of the following conditions applies, you may require and retain reimbursement for the excess personal property from the recipient:</P>
                  <P>(1) Your agency has the statutory authority to require and retain reimbursement for the property.</P>
                  <P>(2) You are transferring the property under the exchange/sale authority.</P>
                  <P>(3) You had originally acquired the property with funds not appropriated from the general fund of the Treasury or appropriated therefrom but by law reimbursable from assessment, tax, or other revenue. It is current executive branch policy that working capital fund property shall be transferred without reimbursement.</P>
                  <P>(4) You or the recipient is the U.S. Postal Service.</P>
                  <P>(5) You or the recipient is the DC Government.</P>
                  <P>(6) You or the recipient is a wholly owned or mixed-ownership Government corporation.</P>
                  <P>(b) You may charge for direct costs you incurred incident to the transfer, such as packing, loading and shipping of the property. The recipient is responsible for such charges unless you waive the amount involved.</P>
                  <P>(c) You may not charge for overhead or administrative expenses or the costs for care and handling of the property pending disposition.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.290</SECTNO>
                  <SUBJECT>How much do we charge for excess personal property on a transfer with reimbursement?</SUBJECT>
                  <P>(a) You may require reimbursement in an amount up to the fair market value of the property when the transfer involves property meeting conditions in § 102-36.285(a)(1) through (a)(4).</P>

                  <P>(b) When you or the recipient is the DC Government or a wholly owned or mixed-ownership Government corporation (§ 102-36.285(a)(5) and (a)(6)), you may only require fair value reimbursement. Fair value reimbursement is 20 percent of the original acquisition cost for new or unused property (<E T="03">i.e.,</E> condition code 1), and zero percent for other personal property. A higher fair value may be used if you and the recipient agency agree. Due to special circumstances or the nature of the property, you may use other criteria for establishing fair value if approved or directed by GSA. You must refer any disagreements to the appropriate regional GSA Personal Property Management office.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Report of Disposal Activity</HD>
                <SECTION>
                  <SECTNO>§ 102-36.295</SECTNO>
                  <SUBJECT>Is there any reporting requirement on the disposition of excess personal property?</SUBJECT>
                  <P>Yes, you must report annually to GSA personal property furnished in any manner in that year to any non-Federal recipients, with respect to property obtained as excess or as property determined to be no longer required for the purposes of the appropriation from which it was purchased. GSA will subsequently submit a summary of these Non-Federal Recipients Reports to Congress.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.300</SECTNO>
                  <SUBJECT>How do we report the furnishing of personal property to non-Federal recipients?</SUBJECT>

                  <P>(a) Submit your annual report of personal property furnished to non-Federal recipients, in letter form, to GSA, Personal Property Management Policy Division (MTP), 1800 F Street, NW, Washington, DC 20405, within 90 calendar days after the close of each fiscal <PRTPAGE P="102"/>year. The report must cover personal property disposed during the fiscal year in all areas within the United States, the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands. Negative reports are required.</P>
                  <P>(b) The report (interagency report control number 0154—GSA—AN) must reference this part and contain the following:</P>
                  <P>(1) Names of the non-Federal recipients.</P>
                  <P>(2) Status of the recipients (contractor, cooperative, project grantee, etc.).</P>
                  <P>(3) Total original acquisition cost of excess personal property furnished to each type of recipient, by type of property (two-digit FSC groups).</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Abandonment/Destruction</HD>
                <SECTION>
                  <SECTNO>§ 102-36.305</SECTNO>
                  <SUBJECT>May we abandon or destroy excess personal property without reporting it to GSA?</SUBJECT>
                  <P>Yes, you may abandon or destroy excess personal property when you have made a written determination that the property has no commercial value or the estimated cost of its continued care and handling would exceed the estimated proceeds from its sale. An item has no commercial value when it has neither utility nor monetary value (either as an item or as scrap).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.310</SECTNO>
                  <SUBJECT>Who makes the determination to abandon or destroy excess personal property?</SUBJECT>
                  <P>To abandon or destroy excess personal property, an authorized official of your agency makes a written finding that must be approved by a reviewing official who is not directly accountable for the property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.315</SECTNO>
                  <SUBJECT>Are there any restrictions to the use of the abandonment/destruction authority?</SUBJECT>
                  <P>Yes, the following restrictions apply:</P>
                  <P>(a) You must not abandon or destroy property in a manner which is detrimental or dangerous to public health or safety. Additional guidelines for the abandonment/destruction of hazardous materials are prescribed in part 101-42 of this title.</P>
                  <P>(b) If you become aware of an interest from an entity in purchasing the property, you must implement sales procedures in lieu of abandonment/destruction.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.320</SECTNO>
                  <SUBJECT>May we transfer or donate excess personal property that has been determined appropriate for abandonment/destruction without GSA approval?</SUBJECT>
                  <P>In lieu of abandonment/destruction, you may donate such excess personal property only to a public body without going through GSA. A public body is any department, agency, special purpose district, or other instrumentality of a State or local government; any Indian tribe; or any agency of the Federal Government. If you become aware of an interest from an eligible non-profit organization (see part 101-44 of this title) that is not a public body in acquiring the property, you must contact the regional GSA Personal Property Management office and implement donation procedures in accordance with part 101-44 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.325</SECTNO>
                  <SUBJECT>What must be done before the abandonment/destruction of excess personal property?</SUBJECT>
                  <P>Except as provided in § 102-36.330, you must provide public notice of intent to abandon or destroy excess personal property, in a format and timeframe specified by your agency regulations (such as publishing a notice in a local newspaper, posting of signs in common use facilities available to the public, or providing bulletins on your website through the internet). You must also include in the notice an offer to sell in accordance with part 101-45 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.330</SECTNO>
                  <SUBJECT>Are there occasions when public notice is not needed regarding abandonment/destruction of excess personal property?</SUBJECT>
                  <P>Yes, you are not required to provide public notice when:</P>

                  <P>(a) The value of the property is so little or the cost of its care and handling, pending abandonment/destruction, is so great that its retention for advertising for sale, even as scrap, is clearly not economical;<PRTPAGE P="103"/>
                  </P>
                  <P>(b) Abandonment or destruction is required because of health, safety, or security reasons; or</P>
                  <P>(c) When the original acquisition cost of the item (estimated if unknown) is less than $500.</P>
                  <CITA>[65 FR 31218, May 16, 2000, as amended at 65 FR 34983, June 1, 2000]</CITA>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Personal Property Whose Disposal Requires Special Handling</HD>
              <SECTION>
                <SECTNO>§ 102-36.335</SECTNO>
                <SUBJECT>Are there certain types of excess personal property that must be disposed of differently from normal disposal procedures?</SUBJECT>
                <P>Yes, you must comply with the additional provisions in this subpart when disposing of the types of personal property listed in this subpart.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Aircraft and Aircraft Parts</HD>
                <SECTION>
                  <SECTNO>§ 102-36.340</SECTNO>
                  <SUBJECT>What must we do when disposing of excess aircraft?</SUBJECT>
                  <P>(a) You must report to GSA all excess aircraft, regardless of condition or dollar value, and provide the following information on the SF 120:</P>
                  <P>(1) Manufacturer, date of manufacture, model, serial number.</P>
                  <P>(2) Major components missing from the aircraft (such as engines, electronics).</P>
                  <P>(3) Whether or not the:</P>
                  <P>(i) Aircraft is operational;</P>
                  <P>(ii) Dataplate is available;</P>
                  <P>(iii) Historical and maintenance records are available;</P>
                  <P>(iv) Aircraft has been previously certificated by the Federal Aviation Administration (FAA) and/or has been maintained to FAA airworthiness standards;</P>

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

                    <P>For additional information on military aircraft see Defense Materiel Disposition Manual, DOD 4160.21-M, accessible at <E T="03">www.drms.dla.mil</E> under Publications.</P>
                  </NOTE>
                  <P>(b) When the designated transfer or donation recipient's intended use is for non-flight purposes, you must remove and return the dataplate to GSA Property Management Branch, San Francisco, California prior to releasing the aircraft to the authorized recipient. GSA will forward the dataplates to FAA.</P>
                  <P>(c) You must also submit a report of the final disposition of the aircraft to the Federal Aviation Interactive Reporting System (FAIRS) maintained by the Aircraft Management Policy Division (MTA), GSA, 1800 F Street, NW, Washington, DC 20405. For additional instructions on reporting to FAIRS see part 101-37 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.345</SECTNO>
                  <SUBJECT>May we dispose of excess Flight Safety Critical Aircraft Parts (FSCAP)?</SUBJECT>
                  <P>Yes, you may dispose of excess FSCAP, but first you must determine whether the documentation available is adequate to allow transfer, donation, or sale of the part in accordance with part 101-37, subpart 101-37.6, of this title. Otherwise, you must mutilate undocumented FSCAP that has no traceability to its original equipment manufacturer and dispose of it as scrap. When reporting excess FSCAP, annotate the manufacturer, date of manufacture, part number, serial number, and the appropriate Criticality Code on the SF 120, and ensure that all available historical and maintenance records accompany the part at the time of issue.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.350</SECTNO>
                  <SUBJECT>How do we identify a FSCAP?</SUBJECT>

                  <P>Any aircraft part designated as FSCAP is assigned an alpha Criticality <PRTPAGE P="104"/>Code, and the code is annotated on the original transfer document when you acquire the part. You must perpetuate the appropriate FSCAP Criticality Code on all personal property records. You may contact the Federal agency or Military service that originally owned the part for assistance in making this determination, or query DOD's Federal Logistics Information System (FLIS) using the National Stock Number (NSN) for the part. For assistance in subscribing to the FLIS service contact the FedLog Consumer Support Office, 800-351-4381.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.355</SECTNO>
                  <SUBJECT>What are the FSCAP Criticality Codes?</SUBJECT>
                  <P>The FSCAP Criticality Codes are contained in the following table:</P>
                  <GPOTABLE CDEF="xs25,r100" COLS="2" OPTS="L2,tp0,p7,6/7,g1,t1,i1">
                    <BOXHD>
                      <CHED H="1">FSCAP code</CHED>
                      <CHED H="1">Description</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">E</ENT>
                      <ENT>FSCAP specially designed to be or selected as being nuclear hardened.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">F</ENT>
                      <ENT>Flight Safety Critical Aircraft Part.</ENT>
                    </ROW>
                  </GPOTABLE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.360</SECTNO>
                  <SUBJECT>How do we dispose of aircraft parts that are life-limited but have no FSCAP designation?</SUBJECT>
                  <P>When disposing of life-limited aircraft parts that have no FSCAP designation, you must ensure that tags and labels, historical data and maintenance records accompany the part on any transfers, donations or sales. For additional information regarding the disposal of life-limited parts with or without tags or documentation refer to part 101-37 of this title.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Canines, Law Enforcement</HD>
                <SECTION>
                  <SECTNO>§ 102-36.365</SECTNO>
                  <SUBJECT>May we transfer or donate canines that have been used in the performance of law enforcement duties?</SUBJECT>
                  <P>Yes, under Public Law 105-27 (111 Stat. 244), when the canine is no longer needed for law enforcement duties, you may donate the canine to an individual who has experience handling canines in the performance of those official duties.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Disaster Relief Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.370</SECTNO>
                  <SUBJECT>Are there special requirements concerning the use of excess personal property for disaster relief?</SUBJECT>
                  <P>Yes, upon declaration by the President of an emergency or a major disaster, you may loan excess personal property to State and local governments, with or without compensation and prior to reporting it as excess to GSA, to alleviate suffering and damage resulting from any emergency or major disaster (Disaster Relief Act of 1974 (Public Law 93-288 (42 U.S.C. 5121)) and Executive Orders 11795 (3 CFR, 1971-1975 Comp., p. 887) and 12148 (3 CFR, 1979 Comp., p. 412), as amended). If the loan involves property that has already been reported excess to GSA, you may withdraw the item from the disposal process subject to approval by GSA. You may also withdraw excess personal property for use by your agency in providing assistance in disaster relief. You are still accountable for this property and your agency is responsible for developing agencywide procedures for recovery of such property.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Firearms</HD>
                <SECTION>
                  <SECTNO>§ 102-36.375</SECTNO>
                  <SUBJECT>May we dispose of excess firearms?</SUBJECT>
                  <P>Yes, unless you have specific statutory authority to do otherwise, excess firearms may be transferred only to those Federal agencies authorized to acquire firearms for official use. GSA may donate certain classes of surplus firearms to State and local government activities whose primary function is the enforcement of applicable Federal, State, and/or local laws and whose compensated law enforcement officers have the authority to apprehend and arrest. Firearms not transferred or donated must be destroyed and sold as scrap. For additional guidance on the disposition of firearms refer to part 101-42 of this title.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Foreign Excess Personal Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.380</SECTNO>
                  <SUBJECT>Who is responsible for disposing of foreign excess personal property?</SUBJECT>

                  <P>Your agency is responsible for disposing of your foreign excess personal <PRTPAGE P="105"/>property, as provided by title IV of the Property Act.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.385</SECTNO>
                  <SUBJECT>What are our responsibilities in the disposal of foreign excess personal property?</SUBJECT>
                  <P>When disposing of foreign excess personal property you must:</P>
                  <P>(a) Determine whether it is in the interest of the U.S. Government to return foreign excess personal property to the U.S. for further re-use or to dispose of the property overseas.</P>
                  <P>(b) Ensure that any disposal of property overseas conforms to the foreign policy of the United States and the terms and conditions of any applicable Host Nation Agreement.</P>
                  <P>(c) Ensure that, when foreign excess personal property is donated or sold overseas, donation/sales conditions include a requirement for compliance with U.S. Department of Commerce and Department of Agriculture regulations when transporting any personal property back to the U.S.</P>
                  <P>(d) Inform the U.S. State Department of any disposal of property to any foreign governments or entities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.390</SECTNO>
                  <SUBJECT>How may we dispose of foreign excess personal property?</SUBJECT>
                  <P>To dispose of foreign excess personal property, you may:</P>
                  <P>(a) Offer the property for re-use by U.S. Federal agencies overseas;</P>
                  <P>(b) Return the property to the U.S. for re-use by eligible recipients;</P>
                  <P>(c) Sell, exchange, lease, or transfer such property for cash, credit, or other property;</P>
                  <P>(d) Donate medical materials or supplies to nonprofit medical or health organizations, including those qualified under sections 214(b) and 607 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2174, 2357); or</P>
                  <P>(e) Abandon, destroy or donate such property when you determine that it has no commercial value or the estimated cost of care and handling would exceed the estimated proceeds from its sale, in accordance with sec. 402(a) of the Property Act. Abandonment, destruction or donation actions must also comply with the laws of the country in which the property is located.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.395</SECTNO>
                  <SUBJECT>How may GSA assist us in disposing of foreign excess personal property?</SUBJECT>
                  <P>You may request GSA's assistance in the screening of foreign excess personal property for possible re-use by eligible recipients within the U.S. GSA may, after consultation with you, designate property for return to the United States for transfer or donation purposes.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.400</SECTNO>
                  <SUBJECT>Who pays for the transportation costs when foreign excess personal property is returned to the United States?</SUBJECT>
                  <P>When foreign excess property is to be returned to the U.S. for the purpose of an approved transfer or donation under the provisions of Sections 202 and 203 of the Property Act, the receiving agency is responsible for all direct costs involved in the transfer, which include packing, handling, crating, and transportation.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Gifts</HD>
                <SECTION>
                  <SECTNO>§ 102-36.405</SECTNO>
                  <SUBJECT>May we keep gifts given to us from the public?</SUBJECT>
                  <P>If your agency has gift retention authority, you may retain gifts from the public. Otherwise, you must report gifts you receive on a SF 120 to GSA. You must report gifts received from a foreign government in accordance with part 101-49 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.410</SECTNO>
                  <SUBJECT>How do we dispose of a gift in the form of money or intangible personal property?</SUBJECT>
                  <P>Report intangible personal property to GSA, Personal Property Management Division (FBP), Washington, D.C. 20406. You must not transfer or dispose of this property without prior approval of GSA. The Secretary of the Treasury will dispose of money and negotiable instruments such as bonds, notes, or other securities under the authority of 31 U.S.C. 324.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.415</SECTNO>
                  <SUBJECT>How do we dispose of gifts other than intangible personal property?</SUBJECT>

                  <P>(a) When the gift is offered with the condition that the property be sold and the proceeds used to reduce the public debt, report the gift to the regional GSA Personal Property Management <PRTPAGE P="106"/>office in which the property is located. GSA will convert the gift to money upon acceptance and deposit the proceeds into a special account of the U.S. Treasury.</P>
                  <P>(b) When the gift is offered with no conditions or restrictions, and your agency has gift retention authority, you may use the gift for an authorized official purpose without reporting to GSA. The property will then lose its identity as a gift and you must account for it in the same manner as Federal personal property acquired from authorized sources. When the property is no longer needed, you must report it as excess personal property to GSA.</P>
                  <P>(c) When the gift is offered with no conditions or restrictions, but your agency does not have gift retention authority, you must report it to the regional GSA Personal Property Management office. GSA will offer the property for screening for possible transfer to a Federal agency or convert the gift to money and deposit the funds with U.S. Treasury. If your agency is interested in keeping the gift for an official purpose, you must annotate your interest on the SF 120 and also submit a SF 122.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.420</SECTNO>
                  <SUBJECT>How do we dispose of gifts from foreign governments or entities?</SUBJECT>
                  <P>Report foreign gifts on a SF 120 to GSA, Personal Property Management Division (FBP), Washington, DC 20406, for possible use by your agency, or for transfer, donation or sale in accordance with the provisions of part 101-49 of this title.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Hazardous Personal Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.425</SECTNO>
                  <SUBJECT>May we dispose of excess hazardous personal property?</SUBJECT>
                  <P>Yes, but only in accordance with part 101-42 of this title. When reporting excess hazardous property to GSA, certify on the SF 120 that the property has been packaged and labeled as required. Annotate any special requirements for handling, storage, or use, and provide a description of the actual or potential hazard.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Munitions List Items/Commerce Control List Items (MLIs/CCLIs)</HD>
                <SECTION>
                  <SECTNO>§ 102-36.430</SECTNO>
                  <SUBJECT>May we dispose of excess Munitions List Items (MLIs)/Commerce Control List Items (CCLIs)?</SUBJECT>
                  <P>You may dispose of excess MLIs/CCLIs only when you comply with the additional disposal and demilitarization (DEMIL) requirements contained in part 101-42 of this title. MLIs may require demilitarization when issued to any non-DoD entity, and will require appropriate licensing when exported from the U.S. CCLIs usually require export licensing when transported from the U.S.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.435</SECTNO>
                  <SUBJECT>How do we identify Munitions List Items (MLIs)/Commerce Control List Items (CCLIs) requiring demilitarization?</SUBJECT>
                  <P>You identify MLIs/CCLIs requiring demilitarization by the demilitarization code that is assigned to each MLI or CCLI. The code indicates the type and scope of demilitarization and/or export controls that must be accomplished, when required, before issue to any non-DOD activity. For a listing of the codes and additional guidance on DEMIL procedures see DOD Demilitarization and Trade Security Control Manual, DOD 4160.21-M-1.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Printing Equipment and Supplies</HD>
                <SECTION>
                  <SECTNO>§ 102-36.440</SECTNO>
                  <SUBJECT>Are there special procedures for reporting excess printing and binding equipment and supplies?</SUBJECT>
                  <P>Yes, in accordance with 44 U.S.C. 312, you must submit reports of excess printing and binding machinery, equipment, materials, and supplies to the Public Printer, Government Printing Office (GPO), Customer Service Manager, North Capitol and H Streets, NW, Washington, DC 20401. If GPO has no requirement for the property, you must then submit the report to GSA.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="107"/>
                <HD SOURCE="HED">Red Cross Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.445</SECTNO>
                  <SUBJECT>Do we report excess personal property originally acquired from or through the American National Red Cross?</SUBJECT>
                  <P>Yes, when reporting excess personal property which was processed, produced, or donated by the American National Red Cross, note “RED CROSS PROPERTY” on the SF 120 or report document. GSA will offer to return this property to the Red Cross if no other Federal agency has a need for it. If the Red Cross has no requirement the property continues in the disposal process and is available for donation.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Shelf-Life Items</HD>
                <SECTION>
                  <SECTNO>§ 102-36.450</SECTNO>
                  <SUBJECT>Do we report excess shelf-life items?</SUBJECT>
                  <P>(a) When there are quantities on hand that would not be utilized by the expiration date and cannot be returned to the vendor for credit, you must report such expected overage as excess for possible transfer and disposal to ensure maximum use prior to deterioration.</P>
                  <P>(b) You need not report expired shelf-life items. You may dispose of property with expired shelf-life by abandonment/destruction in accordance with § 102-36.305 and in compliance with Federal, State, and local waste disposal and air and water pollution control standards.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.455</SECTNO>
                  <SUBJECT>How do we report excess shelf-life items?</SUBJECT>
                  <P>You must identify the property as shelf-life items by “SL”, indicate the expiration date, whether the date is the original or an extended date, and if the date is further extendable. GSA may adjust the screening period based on re-use potential and the remaining useful shelf life.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.460</SECTNO>
                  <SUBJECT>Do we report excess medical shelf-life items held for national emergency purposes?</SUBJECT>
                  <P>When the remaining shelf life of any medical materials or supplies held for national emergency purposes is of too short a period to justify their continued retention, you should report such property excess for possible transfer and disposal. You must make such excess determinations at such time as to ensure that sufficient time remains to permit their use before their shelf life expires and the items are unfit for human use. You must identify such items with “MSL” and the expiration date, and indicate any specialized storage requirements.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.465</SECTNO>
                  <SUBJECT>May we transfer or exchange excess medical shelf-life items with other Federal agencies?</SUBJECT>
                  <P>Yes, you may transfer or exchange excess medical shelf-life items held for national emergency purposes with any other Federal agency for other medical materials or supplies, without GSA approval and without regard to part 101-46 of this title. You and the transferee agency will agree to the terms and prices. You may credit any proceeds derived from such transactions to your agency's current applicable appropriation and use the funds only for the purchase of medical materials or supplies for national emergency purposes.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Vessels</HD>
                <SECTION>
                  <SECTNO>§ 102-36.470</SECTNO>
                  <SUBJECT>What must we do when disposing of excess vessels?</SUBJECT>
                  <P>(a) When you dispose of excess vessels you must indicate on the SF 120 the following information:</P>
                  <P>(1) Whether the vessel has been inspected by the Coast Guard.</P>
                  <P>(2) Whether testing for hazardous materials has been done. And if so, the result of the testing, specifically the presence or absence of PCB's and asbestos and level of contamination.</P>
                  <P>(3) Whether hazardous materials clean-up is required, and when it will be accomplished by your agency.</P>
                  <P>(b) In accordance with section 203(i) of the Property Act, the Federal Maritime Administration (FMA), Department of Transportation, is responsible for disposing of surplus vessels determined to be merchant vessels or capable of conversion to merchant use and weighing 1,500 gross tons or more. The SF 120 for such vessels shall be forwarded to GSA for submission to FMA.</P>
                  <P>(c) Disposal instructions regarding vessels in this part do not apply to battleships, cruisers, aircraft carriers, destroyers, and submarines.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="108"/>
              <HD SOURCE="HED">Subpart F—Miscellaneous Disposition</HD>
              <SECTION>
                <SECTNO>§ 102-36.475</SECTNO>
                <SUBJECT>What is the authority for transfers under “Computers for Learning”?</SUBJECT>
                <P>(a) The Stevenson-Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3710(i)), authorizes Federal agencies to transfer excess education-related Federal equipment to educational institutions or nonprofit organizations for educational and research activities. Executive Order 12999 (3 CFR, 1996 Comp., p. 180) requires, to the extent permitted by law and where appropriate, the transfer of computer equipment for use by schools or non-profit organizations.</P>
                <P>(b) Each Federal agency is required to identify a point of contact within the agency to assist eligible recipients, and to publicize the availability of such property to eligible communities. Excess education-related equipment may be transferred directly under established agency procedures, or reported to GSA as excess for subsequent transfer to potential eligible recipients as appropriate. You must include transfers under this authority in the annual Non-Federal Recipients Report (See § 102-36.295) to GSA.</P>
                <P>(c) The “Computers for Learning” website has been developed to streamline the transfer of excess and surplus Federal computer equipment to schools and nonprofit educational organizations. For additional information about this program access the “Computers for Learning” website, http://www.computers.fed.gov.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 102-37</EAR>
            <HD SOURCE="HED">PART 102-37—DONATION OF SURPLUS PERSONAL PROPERTY</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—General Provisions</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-37.5</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <SECTNO>102-37.10</SECTNO>
                <SUBJECT>What is the primary governing authority for this part?</SUBJECT>
                <SECTNO>102-37.15</SECTNO>
                <SUBJECT>Who must comply with the provisions of this part?</SUBJECT>
                <SECTNO>102-37.20</SECTNO>
                <SUBJECT>How do we request a deviation from this part and who can approve it?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Definitions</HD>
                  <SECTNO>102-37.25</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Donation Overview</HD>
                  <SECTNO>102-37.30</SECTNO>
                  <SUBJECT>When does property become available for donation?</SUBJECT>
                  <SECTNO>102-37.35</SECTNO>
                  <SUBJECT>Who handles the donation of surplus property?</SUBJECT>
                  <SECTNO>102-37.40</SECTNO>
                  <SUBJECT>What type of surplus property is available for donation?</SUBJECT>
                  <SECTNO>102-37.45</SECTNO>
                  <SUBJECT>How long is property available for donation screening?</SUBJECT>
                  <SECTNO>102-37.50</SECTNO>
                  <SUBJECT>What is the general process for requesting surplus property for donation?</SUBJECT>
                  <SECTNO>102-37.55</SECTNO>
                  <SUBJECT>Who pays for transportation and other costs associated with a donation?</SUBJECT>
                  <SECTNO>102-37.60</SECTNO>
                  <SUBJECT>How much time does a transferee have to pick up or remove surplus property from holding agency premises?</SUBJECT>
                  <SECTNO>102-37.65</SECTNO>
                  <SUBJECT>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?</SUBJECT>
                  <SECTNO>102-37.70</SECTNO>
                  <SUBJECT>How should a transferee account for the receipt of a larger or smaller number of items than approved by GSA on the SF 123?</SUBJECT>
                  <SECTNO>102-37.75</SECTNO>
                  <SUBJECT>What should be included in a shortage report?</SUBJECT>
                  <SECTNO>102-37.80</SECTNO>
                  <SUBJECT>What happens to surplus property that isn't transferred for donation?</SUBJECT>
                  <SECTNO>102-37.85</SECTNO>
                  <SUBJECT>Can surplus property being offered for sale be withdrawn and approved for donation?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—General Services Administration (GSA)</HD>
                <SECTNO>102-37.90</SECTNO>
                <SUBJECT>What are GSA's responsibilities in the donation of surplus property?</SUBJECT>
                <SECTNO>102-37.95</SECTNO>
                <SUBJECT>How will GSA resolve competing requests?</SUBJECT>
                <SECTNO>102-37.100</SECTNO>
                <SUBJECT>What factors will GSA consider in allocating surplus property among SASPs?</SUBJECT>
                <SECTNO>102-37.105</SECTNO>
                <SUBJECT>Is GSA required to compile any reports concerning the donation program?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Holding Agency</HD>
                <SECTNO>102-37.110</SECTNO>
                <SUBJECT>What are a holding agency's responsibilities in the donation of surplus property?</SUBJECT>
                <SECTNO>102-37.115</SECTNO>
                <SUBJECT>May a holding agency be reimbursed for costs incurred incident to a donation?</SUBJECT>
                <SECTNO>102-37.120</SECTNO>
                <SUBJECT>May a holding agency donate surplus property directly to eligible non-Federal recipients without going through GSA?</SUBJECT>
                <SECTNO>102-37.125</SECTNO>
                <SUBJECT>What are some donations that do not require GSA's approval?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—State Agency for Surplus Property (SASP)</HD>
                <SECTNO>102-37.130</SECTNO>

                <SUBJECT>What are a SASP's responsibilities in the donation of surplus property?<PRTPAGE P="109"/>
                </SUBJECT>
                <SECTNO>102-37.135</SECTNO>
                <SUBJECT>How does a SASP become eligible to distribute surplus property to donees?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">State Plan of Operation</HD>
                  <SECTNO>102-37.140</SECTNO>
                  <SUBJECT>What is a State plan of operation?</SUBJECT>
                  <SECTNO>102-37.145</SECTNO>
                  <SUBJECT>Who is responsible for developing, certifying, and submitting the plan?</SUBJECT>
                  <SECTNO>102-37.150</SECTNO>
                  <SUBJECT>What must a State legislature include in the plan?</SUBJECT>
                  <SECTNO>102-37.155</SECTNO>
                  <SUBJECT>When does a plan take effect?</SUBJECT>
                  <SECTNO>102-37.160</SECTNO>
                  <SUBJECT>Must GSA approve amendments or modifications to the plan?</SUBJECT>
                  <SECTNO>102-37.165</SECTNO>
                  <SUBJECT>Do plans or major amendments require public notice?</SUBJECT>
                  <SECTNO>102-37.170</SECTNO>
                  <SUBJECT>What happens if a SASP does not operate in accordance with its plan?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Screening and Requesting Property</HD>
                  <SECTNO>102-37.175</SECTNO>
                  <SUBJECT>How does a SASP find out what property is potentially available for donation?</SUBJECT>
                  <SECTNO>102-37.180</SECTNO>
                  <SUBJECT>Does a SASP need special authorization to screen property at Federal facilities?</SUBJECT>
                  <SECTNO>102-37.185</SECTNO>
                  <SUBJECT>How does a SASP obtain screening authorization for itself or its donees?</SUBJECT>
                  <SECTNO>102-37.190</SECTNO>
                  <SUBJECT>What records must a SASP maintain on authorized screeners?</SUBJECT>
                  <SECTNO>102-37.195</SECTNO>
                  <SUBJECT>Does a SASP have to have a donee in mind to request surplus property?</SUBJECT>
                  <SECTNO>102-37.200</SECTNO>
                  <SUBJECT>What certifications must a SASP make when requesting surplus property for donation?</SUBJECT>
                  <SECTNO>102-37.205</SECTNO>
                  <SUBJECT>What agreements must a SASP make?</SUBJECT>
                  <SECTNO>102-37.210</SECTNO>
                  <SUBJECT>Must a SASP make a drug-free workplace certification when requesting surplus property for donation?</SUBJECT>
                  <SECTNO>102-37.215</SECTNO>
                  <SUBJECT>When must a SASP make a certification regarding lobbying?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Justifying Special Transfer Requests</HD>
                  <SECTNO>102-37.220</SECTNO>
                  <SUBJECT>Are there special types of surplus property that require written justification when submitting a transfer request?</SUBJECT>
                  <SECTNO>102-37.225</SECTNO>
                  <SUBJECT>What information or documentation must a SASP provide when requesting a surplus aircraft or vessel?</SUBJECT>
                  <SECTNO>102-37.230</SECTNO>
                  <SUBJECT>What must a letter of intent for obtaining surplus aircraft or vessels include?</SUBJECT>
                  <SECTNO>102-37.235</SECTNO>
                  <SUBJECT>What type of information must a SASP provide when requesting surplus property for cannibalization?</SUBJECT>
                  <SECTNO>102-37.240</SECTNO>
                  <SUBJECT>How must a transfer request for surplus firearms be justified?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Custody, Care, and Safekeeping</HD>
                  <SECTNO>102-37.245</SECTNO>
                  <SUBJECT>What must a SASP do to safeguard surplus property in its custody?</SUBJECT>
                  <SECTNO>102-37.250</SECTNO>
                  <SUBJECT>What actions must a SASP take when it learns of damage to or loss of surplus property in its custody?</SUBJECT>
                  <SECTNO>102-37.255</SECTNO>
                  <SUBJECT>Must a SASP insure surplus property against loss or damage?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Distribution of Property</HD>
                  <SECTNO>102-37.260</SECTNO>
                  <SUBJECT>How must a SASP document the distribution of surplus property?</SUBJECT>
                  <SECTNO>102-37.265</SECTNO>
                  <SUBJECT>May a SASP distribute surplus property to eligible donees of another State?</SUBJECT>
                  <SECTNO>102-37.270</SECTNO>
                  <SUBJECT>May a SASP retain surplus property for its own use?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Service and Handling Charges</HD>
                  <SECTNO>102-37.275</SECTNO>
                  <SUBJECT>May a SASP accept personal checks and non-official payment methods in payment of service charges?</SUBJECT>
                  <SECTNO>102-37.280</SECTNO>
                  <SUBJECT>How may a SASP use service charge funds?</SUBJECT>
                  <SECTNO>102-37.285</SECTNO>
                  <SUBJECT>May a SASP use service charge funds to support non-SASP State activities and programs?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Disposing of Undistributed Property</HD>
                  <SECTNO>102-37.290</SECTNO>
                  <SUBJECT>What must a SASP do with surplus property it cannot donate?</SUBJECT>
                  <SECTNO>102-37.295</SECTNO>
                  <SUBJECT>Must GSA approve a transfer between SASPs?</SUBJECT>
                  <SECTNO>102-37.300</SECTNO>
                  <SUBJECT>What information must a SASP provide GSA when reporting unneeded usable property for disposal?</SUBJECT>
                  <SECTNO>102-37.305</SECTNO>
                  <SUBJECT>May a SASP act as GSA's agent in selling undistributed surplus property (either as usable property or scrap)?</SUBJECT>
                  <SECTNO>102-37.310</SECTNO>
                  <SUBJECT>What must a proposal to sell undistributed surplus property include?</SUBJECT>
                  <SECTNO>102-37.315</SECTNO>
                  <SUBJECT>What costs may a SASP recover if undistributed surplus property is retransferred or sold?</SUBJECT>
                  <SECTNO>102-37.320</SECTNO>
                  <SUBJECT>Under what conditions may a SASP abandon or destroy undistributed surplus property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Cooperative Agreements</HD>
                  <SECTNO>102-37.325</SECTNO>
                  <SUBJECT>With whom and for what purpose(s) may a SASP enter into a cooperative agreement?</SUBJECT>
                  <SECTNO>102-37.330</SECTNO>
                  <SUBJECT>Must the costs of providing support under a cooperative agreement be reimbursed by the parties receiving such support?</SUBJECT>
                  <SECTNO>102-37.335</SECTNO>
                  <SUBJECT>May a SASP enter into a cooperative agreement with another SASP?</SUBJECT>
                  <SECTNO>102-37.340</SECTNO>
                  <SUBJECT>When may a SASP terminate a cooperative agreement?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Audits and Reviews</HD>
                  <SECTNO>102-37.345</SECTNO>
                  <SUBJECT>When must a SASP be audited?</SUBJECT>
                  <SECTNO>102-37.350</SECTNO>
                  <SUBJECT>Does coverage under the single audit process in OMB Circular A-133 exempt a SASP from other reviews of its program?</SUBJECT>
                  <SECTNO>102-37.355</SECTNO>
                  <SUBJECT>What obligations does a SASP have to ensure that donees meet Circular A-133 requirements?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Reports</HD>
                  <SECTNO>102-37.360</SECTNO>
                  <SUBJECT>What reports must a SASP provide to GSA?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <PRTPAGE P="110"/>
                  <HD SOURCE="HED">Liquidating a SASP</HD>
                  <SECTNO>102-37.365</SECTNO>
                  <SUBJECT>What steps must a SASP take if the State decides to liquidate the agency?</SUBJECT>
                  <SECTNO>102-37.370</SECTNO>
                  <SUBJECT>Do liquidation plans require public notice?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Donations to Public Agencies, Service Educational Activities (SEAs), and Eligible Nonprofit Organizations</HD>
                <SECTNO>102-37.375</SECTNO>
                <SUBJECT>How is the pronoun “you” used in this subpart?</SUBJECT>
                <SECTNO>102-37.380</SECTNO>
                <SUBJECT>What is the statutory authority for donations of surplus Federal property made under this subpart?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Donee Eligibility</HD>
                  <SECTNO>102-37.385</SECTNO>
                  <SUBJECT>Who determines if a prospective donee applicant is eligible to receive surplus property under this subpart?</SUBJECT>
                  <SECTNO>102-37.390</SECTNO>
                  <SUBJECT>What basic criteria must an activity meet before a SASP can qualify it for eligibility?</SUBJECT>
                  <SECTNO>102-37.395</SECTNO>
                  <SUBJECT>How can a SASP determine whether an applicant meets any required approval, accreditation, or licensing requirements?</SUBJECT>
                  <SECTNO>102-37.400</SECTNO>
                  <SUBJECT>What type of eligibility information must a SASP maintain on donees?</SUBJECT>
                  <SECTNO>102-37.405</SECTNO>
                  <SUBJECT>How often must a SASP update donee eligibility records?</SUBJECT>
                  <SECTNO>102-37.410</SECTNO>
                  <SUBJECT>What must a SASP do if a donee fails to maintain its eligibility status?</SUBJECT>
                  <SECTNO>102-37.415</SECTNO>
                  <SUBJECT>What should a SASP do if an applicant appeals a negative eligibility decision?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Conditional Eligibility</HD>
                  <SECTNO>102-37.420</SECTNO>
                  <SUBJECT>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?</SUBJECT>
                  <SECTNO>102-37.425</SECTNO>
                  <SUBJECT>May a SASP grant conditional eligibility to a not-for-profit organization whose tax-exempt status is pending?</SUBJECT>
                  <SECTNO>102-37.430</SECTNO>
                  <SUBJECT>What property can a SASP make available to a donee with conditional eligibility?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Terms and Conditions of Donation</HD>
                  <SECTNO>102-37.435</SECTNO>
                  <SUBJECT>For what purposes may donees acquire and use surplus property?</SUBJECT>
                  <SECTNO>102-37.440</SECTNO>
                  <SUBJECT>May donees acquire property for exchange?</SUBJECT>
                  <SECTNO>102-37.445</SECTNO>
                  <SUBJECT>What certifications must a donee make before receiving property?</SUBJECT>
                  <SECTNO>102-37.450</SECTNO>
                  <SUBJECT>What agreements must a donee make?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Special Handling or Use Conditions</HD>
                  <SECTNO>102-37.455</SECTNO>
                  <SUBJECT>On what categories of surplus property has GSA imposed special handling conditions or use limitations?</SUBJECT>
                  <SECTNO>102-37.460</SECTNO>
                  <SUBJECT>What special terms and conditions apply to the donation of aircraft and vessels?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Release of Restrictions</HD>
                  <SECTNO>102-37.465</SECTNO>
                  <SUBJECT>May a SASP modify or release any of the terms and conditions of donation?</SUBJECT>
                  <SECTNO>102-37.470</SECTNO>
                  <SUBJECT>At what point may restrictions be released on property that has been authorized for cannibalization?</SUBJECT>
                  <SECTNO>102-37.475</SECTNO>
                  <SUBJECT>What are the requirements for releasing restrictions on property being considered for exchange?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Compliance and Utilization</HD>
                  <SECTNO>102-37.480</SECTNO>
                  <SUBJECT>What must a SASP do to ensure that property is used for the purpose(s) for which it was donated?</SUBJECT>
                  <SECTNO>102-37.485</SECTNO>
                  <SUBJECT>What actions must a SASP take if a review or other information indicates noncompliance with donation terms and conditions?</SUBJECT>
                  <SECTNO>102-37.490</SECTNO>
                  <SUBJECT>When must a SASP coordinate with GSA on compliance actions?</SUBJECT>
                  <SECTNO>102-37.495</SECTNO>
                  <SUBJECT>How must a SASP handle funds derived from compliance actions?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Returns and Reimbursement</HD>
                  <SECTNO>102-37.500</SECTNO>
                  <SUBJECT>May a donee receive reimbursement for its donation expenses when unneeded property is returned to the SASP?</SUBJECT>
                  <SECTNO>102-37.505</SECTNO>
                  <SUBJECT>How does a donee apply for and receive reimbursement for unneeded property returned to a SASP?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Special Provisions Pertaining to SEAs</HD>
                  <SECTNO>102-37.510</SECTNO>
                  <SUBJECT>Are there special requirements for donating property to SEAs?</SUBJECT>
                  <SECTNO>102-37.515</SECTNO>
                  <SUBJECT>Do SEAs have a priority over other SASP donees for DOD property?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart F—Donations to Public Airports</HD>
                <SECTNO>102-37.520</SECTNO>
                <SUBJECT>What is the authority for public airport donations?</SUBJECT>
                <SECTNO>102-37.525</SECTNO>
                <SUBJECT>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?</SUBJECT>
                <SECTNO>102-37.530</SECTNO>
                <SUBJECT>What are FAA's responsibilities in the donation of surplus property to public airports?</SUBJECT>
                <SECTNO>102-37.535</SECTNO>
                <SUBJECT>What information must FAA provide to GSA on its administration of the public airport donation program?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <PRTPAGE P="111"/>
                <HD SOURCE="HED">Subpart G—Donations to the American National Red Cross</HD>
                <SECTNO>102-37.540</SECTNO>
                <SUBJECT>What is the authority for donations to the American National Red Cross?</SUBJECT>
                <SECTNO>102-37.545</SECTNO>
                <SUBJECT>What type of property may the American National Red Cross receive?</SUBJECT>
                <SECTNO>102-37.550</SECTNO>
                <SUBJECT>What steps must the American National Red Cross take to acquire property?</SUBJECT>
                <SECTNO>102-37.555</SECTNO>
                <SUBJECT>What happens to property the American National Red Cross does not request?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart H—Donations to Public Bodies in Lieu of Abandonment/Destruction</HD>
                <SECTNO>102-37.560</SECTNO>
                <SUBJECT>What is a public body?</SUBJECT>
                <SECTNO>102-37.565</SECTNO>
                <SUBJECT>What is the authority for donations to public bodies?</SUBJECT>
                <SECTNO>102-37.570</SECTNO>
                <SUBJECT>What type of property may a holding agency donate under this subpart?</SUBJECT>
                <SECTNO>102-37.575</SECTNO>
                <SUBJECT>Is there a special form for holding agencies to process donations?</SUBJECT>
                <SECTNO>102-37.580</SECTNO>
                <SUBJECT>Who is responsible for costs associated with the donation?</SUBJECT>
                <APP>Appendix A to Part 102-37—Miscellaneous Donation Statutes</APP>
                <APP>Appendix B to Part 102-37—Elements of a State Plan of Operation</APP>
                <APP>Appendix C to Part 102-37—Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations</APP>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 549 and 121(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>67 FR 2584, Jan. 18, 2002, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General Provisions</HD>
              <SECTION>
                <SECTNO>§ 102-37.5</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.10</SECTNO>
                <SUBJECT>What is the primary governing authority for this part?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.15</SECTNO>
                <SUBJECT>Who must comply with the provisions of this part?</SUBJECT>
                <P>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).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.20</SECTNO>
                <SUBJECT>How do we request a deviation from this part and who can approve it?</SUBJECT>
                <P>See §§ 102-2.60 through 102-2.110 of this chapter to request a deviation from the requirements of this part.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Definitions</HD>
                <SECTION>
                  <SECTNO>§ 102-37.25</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                  <P>The following definitions apply to this part:</P>
                  <P>
                    <E T="03">Cannibalization</E> means to remove serviceable parts from one item of equipment in order to install them on another item of equipment.</P>
                  <P>
                    <E T="03">Donee</E> means any of the following entities that receive Federal surplus personal property through a SASP:</P>
                  <P>(1) A service educational activity (SEA).</P>
                  <P>(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.)</P>
                  <P>(3) An eligible nonprofit tax-exempt educational or public health institution (including a provider of assistance to homeless or impoverished families or individuals).</P>

                  <P>(4) A State or local government agency, or a nonprofit organization or institution, that receives funds appropriated for a program for older individuals.<PRTPAGE P="112"/>
                  </P>
                  <P>
                    <E T="03">Holding agency</E> means the executive agency having accountability for, and generally possession of, the property involved.</P>
                  <P>
                    <E T="03">Period of restriction</E> means the period of time for keeping donated property in use for the purpose for which it was donated.</P>
                  <P>
                    <E T="03">Property Act</E> 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.</P>
                  <P>
                    <E T="03">Screening</E> 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.</P>
                  <P>
                    <E T="03">Service educational activity (SEA)</E> 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.</P>
                  <P>
                    <E T="03">Standard Form (SF) 123, Transfer Order Surplus Personal Property</E> means the document used to request and document the transfer of Federal surplus personal property for donation purposes.</P>
                  <P>
                    <E T="03">State</E> 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.</P>
                  <P>
                    <E T="03">State agency for surplus property(SASP)</E> 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)).</P>
                  <P>
                    <E T="03">Surplus personal property (surplus property)</E> means excess personal property (as defined in § 102-36.40 of this chapter) not required for the needs of any Federal agency, as determined by GSA.</P>
                  <P>
                    <E T="03">Surplus release date</E> means the date on which Federal utilization screening of excess personal property has been completed, and the property is available for donation.</P>
                  <P>
                    <E T="03">Transferee</E> means a public airport receiving surplus property from a holding agency through the Federal Aviation Administration, or a SASP.</P>
                  <P>You, when used in subparts D and E of this part, means SASP, unless otherwise specified.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Donation Overview</HD>
                <SECTION>
                  <SECTNO>§ 102-37.30</SECTNO>
                  <SUBJECT>When does property become available for donation?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.35</SECTNO>
                  <SUBJECT>Who handles the donation of surplus property?</SUBJECT>
                  <P>(a) The SASPs handle the donation of most surplus property to eligible donees in their States in accordance with this part.</P>
                  <P>(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).</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.40</SECTNO>
                  <SUBJECT>What type of surplus property is available for donation?</SUBJECT>
                  <P>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:</P>

                  <P>(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.<PRTPAGE P="113"/>
                  </P>
                  <P>(b) Property acquired with trust funds (e.g., Social Security Trust Funds).</P>
                  <P>(c) Non-appropriated fund property.</P>
                  <P>(d) Naval vessels of the following categories: Battleships, cruisers, aircraft carriers, destroyers, and submarines.</P>
                  <P>(e) Vessels of 1500 gross tons or more which the Maritime Administration determines to be merchant vessels or capable of conversion to merchant use.</P>
                  <P>(f) Records of the Federal Government.</P>
                  <P>(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).</P>
                  <P>(h) Controlled substances.</P>
                  <P>(i) Items as may be specified from time to time by the GSA Office of Governmentwide Policy.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.45</SECTNO>
                  <SUBJECT>How long is property available for donation screening?</SUBJECT>
                  <P>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 § 102-36.95 of this chapter.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.50</SECTNO>
                  <SUBJECT>What is the general process for requesting surplus property for donation?</SUBJECT>
                  <P>The process for requesting surplus property for donation varies, depending on who is making the request.</P>
                  <P>(a) Donees should submit their requests for property directly to the appropriate SASP.</P>
                  <P>(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.</P>
                  <P>(c) The American National Red Cross should submit requests to GSA as described in subpart G of this part.</P>
                  <P>(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).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.55</SECTNO>
                  <SUBJECT>Who pays for transportation and other costs associated with a donation?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.60</SECTNO>
                  <SUBJECT>How much time does a transferee have to pick up or remove surplus property from holding agency premises?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.65</SECTNO>
                  <SUBJECT>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?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="114"/>
                  <SECTNO>§ 102-37.70</SECTNO>
                  <SUBJECT>How should a transferee account for the receipt of a larger or smaller number of items than approved by GSA on the SF 123?</SUBJECT>
                  <P>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:</P>
                  <GPOTABLE CDEF="s75,r75,r75" COLS="3" OPTS="L2,tp0,p7,9/10,i1">
                    <BOXHD>
                      <CHED H="1">If . . .</CHED>
                      <CHED H="1">And . . .</CHED>
                      <CHED H="1">Then . . .</CHED>
                    </BOXHD>
                    <ROW RUL="s">
                      <ENT I="01">(a) More property is received than was approved by GSA for transfer</ENT>
                      <ENT>The known or estimated acquisition cost of the line item(s) involved is $500 or more</ENT>
                      <ENT>Submit a SF 123 for the difference to GSA (Identify the property as an overage and include the original transfer order number.) <SU>1</SU>
                      </ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(b) Less property is received than was approved by GSA for transfer</ENT>
                      <ENT>The acquisition cost of the missing item(s) is $500 or more</ENT>
                      <ENT>Submit a shortage report to GSA, with a copy to the holding agency.<SU>1</SU>
                      </ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01" O="xl">(c) The known or estimated acquisition cost of the property is less than $500</ENT>
                      <ENT O="xl"/>
                      <ENT>Annotate on your receiving and inventory records, a description of the property, its known or estimated acquisition cost, and the name of the holding agency.</ENT>
                    </ROW>
                    <TNOTE>
                      <SU>1</SU> Submit the SF 123 or shortage report to the GSA approving office within 30 calendar days of the date of transfer.</TNOTE>
                  </GPOTABLE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.75</SECTNO>
                  <SUBJECT>What should be included in a shortage report?</SUBJECT>
                  <P>The shortage report should include:</P>
                  <P>(a) The name and address of the holding agency;</P>
                  <P>(b) All pertinent GSA and holding agency control numbers, in addition to the original transfer order number; and</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.80</SECTNO>
                  <SUBJECT>What happens to surplus property that isn't transferred for donation?</SUBJECT>
                  <P>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 § 102-36.305 of this chapter), such property might be abandoned or destroyed.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.85</SECTNO>
                  <SUBJECT>Can surplus property being offered for sale be withdrawn and approved for donation?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—General Services Administration (GSA)</HD>
              <SECTION>
                <SECTNO>§ 102-37.90</SECTNO>
                <SUBJECT>What are GSA's responsibilities in the donation of surplus property?</SUBJECT>

                <P>The General Services Administration (GSA) is responsible for supervising and directing the disposal of surplus personal property. In addition to <PRTPAGE P="115"/>issuing regulatory guidance for the donation of such property, GSA:</P>
                <P>(a) Determines when property is surplus to the needs of the Government;</P>
                <P>(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;</P>
                <P>(c) Oversees the care and handling of surplus property while it is in the custody of a SASP;</P>
                <P>(d) Approves all transfers of surplus property to public airports, pursuant to the appropriate determinations made by the Federal Aviation Administration (see subpart F of this part);</P>
                <P>(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);</P>
                <P>(f) Approves, after consultation with the holding agency, foreign excess personal property to be returned to the United States for donation purposes;</P>
                <P>(g) Coordinates and controls the level of SASP and donee screening at Federal installations;</P>
                <P>(h) Imposes appropriate conditions on the donation of surplus property having characteristics that require special handling or use limitations(see § 102-37.455); and</P>
                <P>(i) Keeps track of and reports on Federal donation programs(see § 102-37.105).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.95</SECTNO>
                <SUBJECT>How will GSA resolve competing transfer requests?</SUBJECT>
                <P>In case of requests from two or more SASPs, GSA will use the allocating criteria in § 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.100</SECTNO>
                <SUBJECT>What factors will GSA consider in allocating surplus property among SASPs?</SUBJECT>
                <P>GSA allocates property among the SASPs on a fair and equitable basis using the following factors:</P>
                <P>(a) Extraordinary needs caused by disasters or emergency situations.</P>
                <P>(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.</P>
                <P>(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.)</P>
                <P>(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.</P>
                <P>(e) Whether a SASP has already received similar property in the past, and how much.</P>
                <P>(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.</P>
                <P>(g) The property's condition and its original acquisition cost.</P>
                <P>(h) Relative neediness of each State based on the State's population and per capita income.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.105</SECTNO>
                <SUBJECT>Is GSA required to compile any reports concerning the donation program?</SUBJECT>
                <P>Yes, biennially, GSA must compile a report containing:</P>
                <P>(a) A full and independent evaluation of the operation of programs for the donation of surplus property;</P>
                <P>(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</P>
                <P>(c) Any recommendations GSA wishes to make on the donation program.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="116"/>
              <HD SOURCE="HED">Subpart C—Holding Agency</HD>
              <SECTION>
                <SECTNO>§ 102-37.110</SECTNO>
                <SUBJECT>What are a holding agency's responsibilities in the donation of surplus property?</SUBJECT>
                <P>Your donation responsibilities as a holding agency begin when you determine that property is to be declared excess. You must then:</P>
                <P>(a) Let GSA know if you have a donee in mind for foreign gift items or airport property, as provided for in§ 102-37.525 and § 102-42.95(h) of this chapter;</P>
                <P>(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;</P>
                <P>(c) Set aside or hold surplus property from further disposal upon notification of a pending transfer for donation; (If GSA does not notify you of a pending transfer within 5 calendar days following the surplus release date, you may proceed with the sale or other authorized disposal of the property.)</P>
                <P>(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;</P>
                <P>(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</P>
                <P>(f) Perform and bear the cost of care and handling of surplus property pending its disposal, except as provided in § 102-37.115.</P>
                <CITA>[67 FR 2584, Jan. 18, 2002, as amended at 67 FR 78732, Dec. 26, 2002]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.115</SECTNO>
                <SUBJECT>May a holding agency be reimbursed for costs incurred incident to a donation?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.120</SECTNO>
                <SUBJECT>May a holding agency donate surplus property directly to eligiblenon-Federal recipients without going through GSA?</SUBJECT>
                <P>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 § 102-37.125.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.125</SECTNO>
                <SUBJECT>What are some donations that do not require GSA's approval?</SUBJECT>
                <P>(a) Some donations of surplus property that do not require GSA's approval are:</P>
                <P>(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;</P>
                <P>(2) Donations by holding agencies to public bodies under subpart H of this part;</P>
                <P>(3) Donations by the Small Business Administration to small disadvantaged businesses under 13 CFR part 124; and</P>
                <P>(4) Donations by holding agencies of law enforcement canines to their handlers under 40 U.S.C. 484(r).</P>
                <P>(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 § 102-36.300 of this chapter.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—State Agency for Surplus Property (SASP)</HD>
              <SECTION>
                <SECTNO>§ 102-37.130</SECTNO>
                <SUBJECT>What are a SASP's responsibilities in the donation of surplus property?</SUBJECT>
                <P>As a SASP, your responsibilities in the donation of surplus property are to:</P>
                <P>(a) Determine whether or not an entity seeking to obtain surplus property is eligible for donation as a:</P>
                <P>(1) Public agency;</P>
                <P>(2) Nonprofit educational or public health institution; or</P>
                <P>(3) Program for older individuals.<PRTPAGE P="117"/>
                </P>
                <P>(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.</P>
                <P>(c) Enforce compliance with the terms and conditions imposed on donated property.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.135</SECTNO>
                <SUBJECT>How does a SASP become eligible to distribute surplus property to donees?</SUBJECT>
                <P>In order to receive transfers of surplus property, a SASP must:</P>
                <P>(a) Have a GSA-approved State plan of operation; and</P>
                <P>(b) Provide the certifications and agreements as set forth in §§ 102-37.200 and 102-37.205.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">State Plan of Operation</HD>
                <SECTION>
                  <SECTNO>§ 102-37.140</SECTNO>
                  <SUBJECT>What is a State plan of operation?</SUBJECT>
                  <P>A State plan of operation is a document developed under State law and approved by GSA in which the State sets forth a plan for the management and administration of the SASP in the donation of property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.145</SECTNO>
                  <SUBJECT>Who is responsible for developing, certifying, and submitting the plan?</SUBJECT>
                  <P>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:</P>
                  <P>(a) Acquire and distribute property to eligible donees in the State;</P>
                  <P>(b) Enter into cooperative agreements; and</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.150</SECTNO>
                  <SUBJECT>What must a State legislature include in the plan?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.155</SECTNO>
                  <SUBJECT>When does a plan take effect?</SUBJECT>
                  <P>The plan takes effect on the date GSA notifies the chief executive officer of the State that the plan is approved.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.160</SECTNO>
                  <SUBJECT>Must GSA approve amendments or modifications to the plan?</SUBJECT>
                  <P>Yes, GSA must approve amendments or modifications to the plan.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.165</SECTNO>
                  <SUBJECT>Do plans or major amendments require public notice?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.170</SECTNO>
                  <SUBJECT>What happens if a SASP does not operate in accordance with its plan?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Screening and Requesting Property</HD>
                <SECTION>
                  <SECTNO>§ 102-37.175</SECTNO>
                  <SUBJECT>How does a SASP find out what property is potentially available for donation?</SUBJECT>
                  <P>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 § 102-36.90 for information on GSA's system, FEDS).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.180</SECTNO>
                  <SUBJECT>Does a SASP need special authorization to screen property at Federal facilities?</SUBJECT>

                  <P>Yes, SASP personnel or donee personnel representing a SASP must have a valid screener-identification card (GSA Optional Form 92, Screener's <PRTPAGE P="118"/>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.185</SECTNO>
                  <SUBJECT>How does a SASP obtain screening authorization for itself or its donees?</SUBJECT>
                  <P>(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:</P>
                  <P>(1) State the prospective screener's name and the name and address of the organization he or she represents;</P>
                  <P>(2) Specify the period of time and location(s) in which screening will be conducted; and</P>
                  <P>(3) Certify that the applicant is qualified to screen property.</P>
                  <P>(b) If the request is approved, GSA will complete the Optional Form 92 and return it to the SASP for issuance to the screener.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.190</SECTNO>
                  <SUBJECT>What records must a SASP maintain on authorized screeners?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.195</SECTNO>
                  <SUBJECT>Does a SASP have to have a donee in mind to request surplus property?</SUBJECT>
                  <P>Generally yes, you should have a firm requirement or an anticipated demand for any property that you request.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.200</SECTNO>
                  <SUBJECT>What certifications must a SASP make when requesting surplus property for donation?</SUBJECT>
                  <P>When requesting or applying for property, you must certify that:</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(c) The property is usable and needed within the State by:</P>
                  <P>(1) A public agency for one or more public purposes.</P>
                  <P>(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).</P>
                  <P>(3) An eligible nonprofit activity for programs for older individuals.</P>
                  <P>(4) A service educational activity (SEA), for DOD-generated property only.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.205</SECTNO>
                  <SUBJECT>What agreements must a SASP make?</SUBJECT>
                  <P>With respect to surplus property picked up by or shipped to your SASP, you must agree to the following:</P>

                  <P>(a) You will make prompt statewide distribution of such property, on a fair and equitable basis, to donees eligible <PRTPAGE P="119"/>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.</P>
                  <P>(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.</P>
                  <P>(c) You will:</P>
                  <P>(1) Promptly pay the cost of care, handling, and shipping incident to taking possession of the property.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(e) When acting under an interstate cooperative distribution agreement (see § 102-37.335) as an agent and authorized representative of an adjacent State, you will:</P>
                  <P>(1) Make the certifications and agreements required in § 102-37.200 and this section on behalf of the adjacent SASP.</P>
                  <P>(2) Require the donee to execute the distribution documents of the State in which the donee is located.</P>
                  <P>(3) Forward copies of the distribution documents to the corresponding SASP.</P>
                  <P>(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.</P>

                  <P>(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, <E T="03">et seq.</E>).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.210</SECTNO>
                  <SUBJECT>Must a SASP make a drug-free workplace certification when requesting surplus property for donation?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.215</SECTNO>
                  <SUBJECT>When must a SASP make a certification regarding lobbying?</SUBJECT>
                  <P>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:</P>
                  <P>(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.</P>
                  <P>(b) The cooperative agreement was executed after December 23, 1989.</P>
                  <P>(c) The fair market value of the property requested under the cooperative agreement is more than $100,000.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Justifying Special Transfer Requests</HD>
                <SECTION>
                  <SECTNO>§ 102-37.220</SECTNO>
                  <SUBJECT>Are there special types of surplus property that require written justification when submitting a transfer request?</SUBJECT>

                  <P>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:<PRTPAGE P="120"/>
                  </P>
                  <P>(a) Aircraft and vessels covered by § 102-37.455;</P>
                  <P>(b) Items requested specifically for cannibalization;</P>
                  <P>(c) Foreign gifts and decorations (see part 102-42 of this chapter);</P>
                  <P>(d) Items containing 50 parts per million or greater of polychlorinated biphenyl (see part 101-42 of this title);</P>
                  <P>(e) Firearms as described in part 101-42 of this title; and</P>
                  <P>(f) Any item on which written justification will assist GSA in making allocation to States with the greatest need.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.225</SECTNO>
                  <SUBJECT>What information or documentation must a SASP provide when requesting a surplus aircraft or vessel?</SUBJECT>
                  <P>(a) For each SF 123 that you submit to GSA for transfer of a surplus aircraft or vessel covered by § 102-37.455 include:</P>
                  <P>(1) A letter of intent, signed and dated by the authorized representative of the proposed donee setting forth a detailed plan of utilization for the property (see § 102-37.230 for information a donee has to include in the letter of intent); and</P>
                  <P>(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.</P>
                  <P>(b) For each SF 123 that GSA approves, you must include:</P>
                  <P>(1) Your distribution document, signed and dated by the authorized donee representative; and</P>
                  <P>(2) A conditional transfer document, signed by you and the intended donee, and containing the special terms and conditions prescribed by GSA.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.230</SECTNO>
                  <SUBJECT>What must a letter of intent for obtaining surplus aircraft or vessels include?</SUBJECT>
                  <P>A letter of intent for obtaining surplus aircraft or vessels must provide:</P>
                  <P>(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;</P>
                  <P>(b) A detailed description of the donee's program and the number and types of aircraft or vessels it currently owns;</P>
                  <P>(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</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.235</SECTNO>
                  <SUBJECT>What type of information must a SASP provide when requesting surplus property for cannibalization?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="121"/>
                  <SECTNO>§ 102-37.240</SECTNO>
                  <SUBJECT>How must a transfer request for surplus firearms be justified?</SUBJECT>
                  <P>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:</P>
                  <P>(a) Identification of the donee applicant, including its legal name and complete address and the name, title, and telephone number of its authorized representative;</P>
                  <P>(b) The number of compensated officers with the power to apprehend and to arrest;</P>
                  <P>(c) A description of the firearm(s) requested;</P>
                  <P>(d) Details on the planned use of the firearm(s); and</P>
                  <P>(e) The number and types of donated firearms received during the previous 12 months through any other Federal program.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Custody, Care, and Safekeeping</HD>
                <SECTION>
                  <SECTNO>§ 102-37.245</SECTNO>
                  <SUBJECT>What must a SASP do to safeguard surplus property in its custody?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.250</SECTNO>
                  <SUBJECT>What actions must a SASP take when it learns of damage to or loss of surplus property in its custody?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.255</SECTNO>
                  <SUBJECT>Must a SASP insure surplus property against loss or damage?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Distribution of Property</HD>
                <SECTION>
                  <SECTNO>§ 102-37.260</SECTNO>
                  <SUBJECT>How must a SASP document the distribution of surplus property?</SUBJECT>
                  <P>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:</P>
                  <P>(a) Certifications and agreements in §§ 102-37.200 and 102-37.205; and</P>
                  <P>(b) Period of restriction during which the donee must use the property for the purpose for which it was acquired.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.265</SECTNO>
                  <SUBJECT>May a SASP distribute surplus property to eligible donees of another State?</SUBJECT>
                  <P>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 § 102-37.335 and submitted to the appropriate GSA regional office for approval. When acting under an interstate distribution cooperative agreement, you must:</P>
                  <P>(a) Require the donee recipient to execute the distribution documents of its home SASP; and</P>
                  <P>(b) Forward copies of executed distribution documents to the donee's home SASP.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.270</SECTNO>
                  <SUBJECT>May a SASP retain surplus property for its own use?</SUBJECT>

                  <P>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. <PRTPAGE P="122"/>Title to any surplus property GSA approves for your retention will vest in your SASP. You must maintain separate records for such property.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Service and Handling Charges</HD>
                <SECTION>
                  <SECTNO>§ 102-37.275</SECTNO>
                  <SUBJECT>May a SASP accept personal checks and non-official payment methods in payment of service charges?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.280</SECTNO>
                  <SUBJECT>How may a SASP use service charge funds?</SUBJECT>
                  <P>Funds accumulated from service charges may be deposited, invested, or used in accordance with State law to:</P>
                  <P>(a) Cover direct and reasonable indirect costs of operating the SASP;</P>
                  <P>(b) Purchase necessary equipment for the SASP;</P>
                  <P>(c) Maintain a reasonable working capital reserve;</P>
                  <P>(d) Rehabilitate surplus property, including the purchase of replacement parts;</P>
                  <P>(e) Acquire or improve office or distribution center facilities; or</P>
                  <P>(f) Pay for the costs of internal and external audits.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.285</SECTNO>
                  <SUBJECT>May a SASP use service charge funds to support non-SASP State activities and programs?</SUBJECT>
                  <P>No, except as provided in § 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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Disposing of Undistributed Property</HD>
                <SECTION>
                  <SECTNO>§ 102-37.290</SECTNO>
                  <SUBJECT>What must a SASP do with surplus property it cannot donate?</SUBJECT>
                  <P>(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.</P>
                  <P>(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 § 102-37.320.</P>
                  <P>(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).</P>
                  <P>(b) Normally, any property not donated within a 1-year period should be processed in this manner.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.295</SECTNO>
                  <SUBJECT>Must GSA approve a transfer between SASPs?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.300</SECTNO>
                  <SUBJECT>What information must a SASP provide GSA when reporting unneeded usable property for disposal?</SUBJECT>
                  <P>When reporting unneeded usable property that is not required for transfer to another SASP, provide GSA with the:</P>
                  <P>(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;</P>
                  <P>(b) Date you received each line item of property listed; and</P>
                  <P>(c) Certification of reimbursement requested under § 102-37.315.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.305</SECTNO>
                  <SUBJECT>May a SASP act as GSA's agent in selling undistributed surplus property (either as usable property or scrap)?</SUBJECT>

                  <P>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 <PRTPAGE P="123"/>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.310</SECTNO>
                  <SUBJECT>What must a proposal to sell undistributed surplus property include?</SUBJECT>
                  <P>(a) Your request to sell undistributed surplus property must include:</P>
                  <P>(1) The proposed sale date;</P>
                  <P>(2) A listing of the property;</P>
                  <P>(3) Location of the sale;</P>
                  <P>(4) Method of sale; and</P>
                  <P>(5) Proposed advertising to be used.</P>
                  <P>(b) If the request is approved, the GSA regional sales office will provide the necessary forms and instructions for you to use in conducting the sale.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.315</SECTNO>
                  <SUBJECT>What costs may a SASP recover if undistributed surplus property is retransferred or sold?</SUBJECT>
                  <P>(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:</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.320</SECTNO>
                  <SUBJECT>Under what conditions may a SASP abandon or destroy undistributed surplus property?</SUBJECT>
                  <P>(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:</P>
                  <P>(1) The basis for the abandonment or destruction;</P>
                  <P>(2) A detailed description of the property, its condition, and total acquisition cost;</P>
                  <P>(3) The proposed method of destruction (burning, burying, etc.) or the abandonment location;</P>
                  <P>(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</P>
                  <P>(5) The signature of the SASP director requesting approval for the abandonment or destruction.</P>
                  <P>(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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Cooperative Agreements</HD>
                <SECTION>
                  <SECTNO>§ 102-37.325</SECTNO>
                  <SUBJECT>With whom and for what purpose(s) may a SASP enter into a cooperative agreement?</SUBJECT>

                  <P>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 <PRTPAGE P="124"/>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:</P>
                  <P>(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:</P>
                  <P>(1) Furnishing the SASP with available GSA or agency office space and related support such as office furniture and information technology equipment needed to screen and process property for donation.</P>
                  <P>(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 § 102-37.270).</P>
                  <P>(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.</P>
                  <P>(c) A SASP may enter into a cooperative agreement with GSA to conduct sales of undistributed property on behalf of GSA (see § 102-37.305).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.330</SECTNO>
                  <SUBJECT>Must the costs of providing support under a cooperative agreement be reimbursed by the parties receiving such support?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.335</SECTNO>
                  <SUBJECT>May a SASP enter into a cooperative agreement with another SASP?</SUBJECT>
                  <P>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 § 102-37.205(e).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.340</SECTNO>
                  <SUBJECT>When may a SASP terminate a cooperative agreement?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Audits and Reviews</HD>
                <SECTION>
                  <SECTNO>§ 102-37.345</SECTNO>
                  <SUBJECT>When must a SASP be audited?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="125"/>
                  <SECTNO>§ 102-37.350</SECTNO>
                  <SUBJECT>Does coverage under the single audit process in OMB Circular A-133 exempt a SASP from other reviews of its program?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.355</SECTNO>
                  <SUBJECT>What obligations does a SASP have to ensure that donees meet Circular A-133 requirements?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Reports</HD>
                <SECTION>
                  <SECTNO>§ 102-37.360</SECTNO>
                  <SUBJECT>What reports must a SASP provide to GSA?</SUBJECT>
                  <P>(a) <E T="03">Quarterly report on donations.</E> 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 Number3090-0112 has been assigned to this form.) Forms and instructions for completing the form are available from your servicing GSA office.</P>
                  <P>(b) <E T="03">Additional reports.</E> 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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Liquidating a SASP</HD>
                <SECTION>
                  <SECTNO>§ 102-37.365</SECTNO>
                  <SUBJECT>What steps must a SASP take if the State decides to liquidate the agency?</SUBJECT>
                  <P>Before suspending operations, a SASP must submit to GSA a liquidation plan that includes:</P>
                  <P>(a) Reasons for the liquidation;</P>
                  <P>(b) A schedule for liquidating the agency and the estimated date of termination;</P>
                  <P>(c) Method of disposing of property on hand under the requirements of this part;</P>
                  <P>(d) Method of disposing of the agency's physical and financial assets;</P>
                  <P>(e) Retention of all available records of the SASP for a 2-year period following liquidation; and</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.370</SECTNO>
                  <SUBJECT>Do liquidation plans require public notice?</SUBJECT>
                  <P>Yes, a liquidation plan constitutes a major amendment of a SASP's plan of operation and, as such, requires public notice.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Donations to Public Agencies, Service Educational Activities (SEAs), and Eligible Nonprofit Organizations</HD>
              <SECTION>
                <SECTNO>§ 102-37.375</SECTNO>
                <SUBJECT>How is the pronoun “you” used in this subpart?</SUBJECT>
                <P>The pronoun “you,” when used in this subpart, refers to the State agency for surplus property (SASP).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.380</SECTNO>
                <SUBJECT>What is the statutory authority for donations of surplus Federal property made under this subpart?</SUBJECT>
                <P>The following statutes provide the authority to donate surplus Federal property to different types of recipients:</P>

                <P>(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 <PRTPAGE P="126"/>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).</P>
                <P>(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:</P>
                <P>(1) Medical institutions.</P>
                <P>(2) Hospitals.</P>
                <P>(3) Clinics.</P>
                <P>(4) Health centers.</P>
                <P>(5) Drug abuse or alcohol treatment centers.</P>
                <P>(6) Providers of assistance to homeless individuals.</P>
                <P>(7) Providers of assistance to impoverished families and individuals.</P>
                <P>(8) Schools.</P>
                <P>(9) Colleges.</P>
                <P>(10) Universities.</P>
                <P>(11) Schools for the mentally disabled.</P>
                <P>(12) Schools for the physically disabled.</P>
                <P>(13) Child care centers.</P>
                <P>(14) Radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations.</P>
                <P>(15) Museums attended by the public.</P>
                <P>(16) Libraries, serving free all residents of a community, district, State or region.</P>
                <P>(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.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Donee Eligibility</HD>
                <SECTION>
                  <SECTNO>§ 102-37.385</SECTNO>
                  <SUBJECT>Who determines if a prospective donee applicant is eligible to receive surplus property under this subpart?</SUBJECT>
                  <P>(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.</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.390</SECTNO>
                  <SUBJECT>What basic criteria must an applicant meet before a SASP can qualify it for eligibility?</SUBJECT>
                  <P>To qualify for donation program eligibility through a SASP, an applicant must:</P>
                  <P>(a) Conform to the definition of one of the categories of eligible entities listed in § 102-37.380 (see appendix C of this part for definitions);</P>
                  <P>(b) Demonstrate that it meets any approval, accreditation, or licensing requirements for operation of its program;</P>
                  <P>(c) Prove that it is a public agency or a nonprofit and tax-exempt organization under section 501 of the Internal Revenue Code;</P>
                  <P>(d) Certify that it is not debarred, suspended, or excluded from any Federal program, including procurement programs; and</P>
                  <P>(e) Operate in compliance with applicable Federal nondiscrimination statutes.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.395</SECTNO>
                  <SUBJECT>How can a SASP determine whether an applicant meets any required approval, accreditation, or licensing requirements?</SUBJECT>
                  <P>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:</P>
                  <P>(a) A certificate or letter from a nationally recognized accrediting agency affirming the applicant meets the agency's standards and requirements.</P>
                  <P>(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.</P>

                  <P>(c) Letters from State or local authorities (such as a board of health or a board of education) stating that the <PRTPAGE P="127"/>applicant meets the standards prescribed for approved or accredited institutions and organizations.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(f) The awarding of research grants to the institution by a recognized authority such as the National Institutes of Health, the National Institute of Education, or by similar national advisory council or organization.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.400</SECTNO>
                  <SUBJECT>What type of eligibility information must a SASP maintain on donees?</SUBJECT>
                  <P>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:</P>
                  <P>(a) Documentation verifying that the activity has been designated as eligible by DOD to receive surplus DOD property.</P>
                  <P>(b) A statement designating one or more donee representative(s) to act for the SEA in acquiring property.</P>
                  <P>(c) A listing of the types of property that are needed or have been authorized by DOD for use in the SEA's program.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.405</SECTNO>
                  <SUBJECT>How often must a SASP update donee eligibility records?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.410</SECTNO>
                  <SUBJECT>What must a SASP do if a donee fails to maintain its eligibility status?</SUBJECT>
                  <P>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 § 102-37.465), and take any other required compliance actions.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.415</SECTNO>
                  <SUBJECT>What should a SASP do if an applicant appeals a negative eligibility determination?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Conditional Eligibility</HD>
                <SECTION>
                  <SECTNO>§ 102-37.420</SECTNO>
                  <SUBJECT>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?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.425</SECTNO>
                  <SUBJECT>May a SASP grant conditional eligibility to a not-for-profit organization whose tax-exempt status is pending?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.430</SECTNO>
                  <SUBJECT>What property can a SASP make available to a donee with conditional eligibility?</SUBJECT>

                  <P>You may only make available surplus property that the donee can use immediately. You may not make available <PRTPAGE P="128"/>property that will only be used at a later date, for example, after the construction of the donee's facility has been completed.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Terms and Conditions of Donation</HD>
                <SECTION>
                  <SECTNO>§ 102-37.435</SECTNO>
                  <SUBJECT>For what purposes may donees acquire and use surplus property?</SUBJECT>
                  <P>A donee may acquire and use surplus property only for the following authorized purposes:</P>
                  <P>(a) <E T="03">Public purposes.</E> 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.</P>
                  <P>(b) <E T="03">Educational and public health purposes, including related research.</E> 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.</P>
                  <P>(c) <E T="03">Programs for older individuals.</E> 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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.440</SECTNO>
                  <SUBJECT>May donees acquire property for exchange?</SUBJECT>
                  <P>No, a donee may not acquire property with the intent to sell or trade it for other assets.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.445</SECTNO>
                  <SUBJECT>What certifications must a donee make before receiving property?</SUBJECT>
                  <P>Prior to a SASP releasing property to a donee, the donee must certify that:</P>
                  <P>(a) It is a public agency or a nonprofit organization meeting the requirements of the Property Act and/or regulations of GSA;</P>
                  <P>(b) It is acquiring the property for its own use and will use the property for authorized purposes;</P>
                  <P>(c) Funds are available to pay all costs and charges incident to the donation;</P>
                  <P>(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</P>
                  <P>(e) It isn't currently debarred, suspended, declared ineligible, or otherwise excluded from receiving the property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.450</SECTNO>
                  <SUBJECT>What agreements must a donee make?</SUBJECT>
                  <P>Before a SASP may release property to a donee, the donee must agree to the following conditions:</P>
                  <P>(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.</P>
                  <P>(b) It will return to the SASP, at its own expense, any donated property:</P>
                  <P>(1) That is not placed in use for the purposes for which it was donated within 1 year of donation; or</P>
                  <P>(2) Which ceases to be used for such purposes within 1 year after being placed in use.</P>
                  <P>(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.)</P>

                  <P>(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.<PRTPAGE P="129"/>
                  </P>
                  <P>(e) It will comply with conditions imposed by GSA, if any, requiring special handling or use limitations on donated property.</P>
                  <P>(f) It will use the property for an authorized purpose during the period of restriction.</P>
                  <P>(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.</P>
                  <P>(h) It will report to the SASP on the use, condition, and location of donated property, and on other pertinent matters as the SASP may require from time to time.</P>
                  <P>(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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Special Handling or Use Conditions</HD>
                <SECTION>
                  <SECTNO>§ 102-37.455</SECTNO>
                  <SUBJECT>On what categories of surplus property has GSA imposed special handling conditions or use limitations?</SUBJECT>
                  <P>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.</P>
                  <P>(a) <E T="03">Aircraft and vessels.</E> 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:</P>
                  <GPOTABLE CDEF="s100,xs80" COLS="2" OPTS="L2,tp0,p7,9/10,i1">
                    <BOXHD>
                      <CHED H="1">For. . .</CHED>
                      <CHED H="1">See. . .</CHED>
                    </BOXHD>
                    <ROW RUL="s">
                      <ENT I="01">(1) Policies and procedures governing the donation of aircraft parts</ENT>
                      <ENT>Part 101-37, subpart 101-37.6, of this title.</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(2) Documentation needed by GSA to process requests for aircraft or vessels</ENT>
                      <ENT>§ 102-37.225.</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(3) Special terms, conditions, and restrictions imposed on aircraft and vessels</ENT>
                      <ENT>§ 102-37.460.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">(4) Guidelines on preparing letters of intent for aircraft or vessels</ENT>
                      <ENT>§ 102-37.230.</ENT>
                    </ROW>
                  </GPOTABLE>
                  <P>(b) <E T="03">Alcohol.</E> (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.</P>

                  <P>(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.<PRTPAGE P="130"/>
                  </P>
                  <P>(c) <E T="03">Hazardous materials, firearms, and property with unsafe or dangerous characteristics.</E> For hazardous materials, firearms, and property with unsafe or dangerous characteristics, see part 101-42 of this title.</P>
                  <P>(d) <E T="03">Franked and penalty mail envelopes and official letterhead.</E> 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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.460</SECTNO>
                  <SUBJECT>What special terms and conditions apply to the donation of aircraft and vessels?</SUBJECT>
                  <P>The following special terms and conditions apply to the donation of aircraft and vessels:</P>
                  <P>(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 § 102-37.230) for a period of 5 years, except that the period of restriction for a combat-configured aircraft is in perpetuity.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Release of Restrictions</HD>
                <SECTION>
                  <SECTNO>§ 102-37.465</SECTNO>
                  <SUBJECT>May a SASP modify or release any of the terms and conditions of donation?</SUBJECT>
                  <P>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:</P>
                  <P>(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.</P>
                  <P>(b) Any special handling condition or use limitation imposed by GSA, except with the prior written approval of GSA.</P>

                  <P>(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 <PRTPAGE P="131"/>donee for those purposes within 1 year of being placed in use, except that:</P>
                  <P>(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.</P>
                  <P>(2) You may, with the written concurrence of GSA, grant donees:</P>
                  <P>(i) A time extension to place property into use if the delay in putting the property into use was beyond the control and without the fault or negligence of the donee.</P>
                  <P>(ii) Authority to trade in one donated item for one like item having similar use potential.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.470</SECTNO>
                  <SUBJECT>At what point may restrictions be released on property that has been authorized for cannibalization?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.475</SECTNO>
                  <SUBJECT>What are the requirements for releasing restrictions on property being considered for exchange?</SUBJECT>
                  <P>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, § 102-37.485 applies. The item acquired by the donee must be:</P>
                  <P>(a) Made subject to the period of restriction remaining on the item exchanged; and</P>
                  <P>(b) Of equal or greater value than the item exchanged.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Compliance and Utilization</HD>
                <SECTION>
                  <SECTNO>§ 102-37.480</SECTNO>
                  <SUBJECT>What must a SASP do to ensure that property is used for the purpose(s) for which it was donated?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.485</SECTNO>
                  <SUBJECT>What actions must a SASP take if a review or other information indicates noncompliance with donation terms and conditions?</SUBJECT>
                  <P>If a review or other information indicates noncompliance with donation terms and conditions, you must:</P>
                  <P>(a) Promptly investigate any suspected failure to comply with the conditions of donated property;</P>
                  <P>(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;</P>
                  <P>(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:</P>
                  <P>(1) A determination made that the allegations are unfounded and the deferment is removed.</P>
                  <P>(2) The allegations are substantiated and the donee is proposed for suspension or debarment; and</P>
                  <P>(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:</P>

                  <P>(1) Ensuring the property is used by the present donee for the purpose for which it was donated.<PRTPAGE P="132"/>
                  </P>
                  <P>(2) Recovering the property from the donee for:</P>
                  <P>(i) Redistribution to another donee within the State;</P>
                  <P>(ii) Transfer through GSA to another SASP; or</P>
                  <P>(iii) Transfer through GSA to a Federal agency.</P>
                  <P>(3) Recovering fair market value or the proceeds of disposal in cases of unauthorized disposal or destruction.</P>
                  <P>(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.</P>
                  <P>(5) Disposing of by public sale property no longer suitable, usable, or necessary for donation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.490</SECTNO>
                  <SUBJECT>When must a SASP coordinate with GSA on compliance actions?</SUBJECT>
                  <P>You must coordinate with GSA before selling or demanding payment of the fair market or fair rental value of donated property that is:</P>
                  <P>(a) Subject to any special handling condition or use limitation imposed by GSA (see § 102-37.455); or</P>
                  <P>(b) Not properly used within 1 year of donation or which ceases to be properly used within 1 year of being placed in use.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.495</SECTNO>
                  <SUBJECT>How must a SASP handle funds derived from compliance actions?</SUBJECT>
                  <P>You must handle funds derived from compliance actions as follows:</P>
                  <P>(a) <E T="03">Enforcement of Federal restrictions.</E> 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.</P>
                  <P>(b) <E T="03">Enforcement of State restrictions.</E> 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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Returns and Reimbursement</HD>
                <SECTION>
                  <SECTNO>§ 102-37.500</SECTNO>
                  <SUBJECT>May a donee receive reimbursement for its donation expenses when unneeded property is returned to the SASP?</SUBJECT>
                  <P>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:</P>
                  <P>(a) The property is transferred to a Federal agency or sold for the benefit of the U.S. Government;</P>
                  <P>(b) No breach of the terms and conditions of donation has occurred; and</P>
                  <P>(c) GSA authorizes the reimbursement.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-37.505</SECTNO>
                  <SUBJECT>How does a donee apply for and receive reimbursement for unneeded property returned to a SASP?</SUBJECT>
                  <P>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.</P>
                  <P>(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.</P>
                  <P>(b) If the property is sold, the donee will be reimbursed from the sales proceeds.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Special Provisions Pertaining to SEAs</HD>
                <SECTION>
                  <SECTNO>§ 102-37.510</SECTNO>
                  <SUBJECT>Are there special requirements for donating property to SEAs?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="133"/>
                  <SECTNO>§ 102-37.515</SECTNO>
                  <SUBJECT>Do SEAs have a priority over other SASP donees for DOD property?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart F—Donations to Public Airports</HD>
              <SECTION>
                <SECTNO>§ 102-37.520</SECTNO>
                <SUBJECT>What is the authority for public airport donations?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.525</SECTNO>
                <SUBJECT>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?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.530</SECTNO>
                <SUBJECT>What are FAA's responsibilities in the donation of surplus property to public airports?</SUBJECT>
                <P>In the donation of surplus property to public airports, the Federal Aviation Administration (FAA), acting under delegation from the DOT, is responsible for:</P>
                <P>(a) Determining the property requirements of any State, political subdivision of a State, or tax-supported organization for public airport use;</P>
                <P>(b) Setting eligibility requirements for public airports and making determinations of eligibility;</P>
                <P>(c) Certifying that property listed on a transfer request is desirable or necessary for public airport use;</P>
                <P>(d) Advising GSA of FAA officials authorized to certify transfer requests and notifying GSA of any changes in signatory authority;</P>
                <P>(e) Determining and enforcing compliance with the terms and conditions under which surplus personal property is transferred for public airport use; and</P>
                <P>(f) Authorizing public airports to visit holding agencies for the purpose of screening and selecting property for transfer. This responsibility includes:</P>
                <P>(1) Issuing a screening pass or letter of authorization to only those persons who are qualified to screen.</P>
                <P>(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.</P>
                <P>(3) Recovering any expired or invalid screener authorizations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.535</SECTNO>
                <SUBJECT>What information must FAA provide to GSA on its administration of the public airport donation program?</SUBJECT>
                <P>So that GSA has information on which to base its discretionary authority to approve the donation of surplus personal property, FAA must:</P>
                <P>(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</P>
                <P>(b) Report any compliance actions involving donations to public airports.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart G—Donations to the American National Red Cross</HD>
              <SECTION>
                <SECTNO>§ 102-37.540</SECTNO>
                <SUBJECT>What is the authority for donations to the American National Red Cross?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="134"/>
                <SECTNO>§ 102-37.545</SECTNO>
                <SUBJECT>What type of property may the American National Red Cross receive?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.550</SECTNO>
                <SUBJECT>What steps must the American National Red Cross take to acquire surplus property?</SUBJECT>
                <P>Upon receipt of information from GSA regarding the availability of surplus property for donation, the Red Cross will:</P>
                <P>(a) Have 21 calendar days to inspect the property or request it without inspection; and</P>
                <P>(b) Be responsible for picking up property donated to it or arranging and paying for its shipment.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.555</SECTNO>
                <SUBJECT>What happens to property the American National Red Cross does not request?</SUBJECT>
                <P>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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart H—Donations to Public Bodies in Lieu of Abandonment/Destruction</HD>
              <SECTION>
                <SECTNO>§ 102-37.560</SECTNO>
                <SUBJECT>What is a public body?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.565</SECTNO>
                <SUBJECT>What is the authority for donations to public bodies?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.570</SECTNO>
                <SUBJECT>What type of property may a holding agency donate under this subpart?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.575</SECTNO>
                <SUBJECT>Is there a special form for holding agencies to process donations?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-37.580</SECTNO>
                <SUBJECT>Who is responsible for costs associated with the donation?</SUBJECT>
                <P>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§ 102-36.40 of this chapter), loading, and transportation to its site.</P>
              </SECTION>
              <APPENDIX>
                <EAR>Pt. 102-37, App. A</EAR>
                <HD SOURCE="HED">Appendix A to Part 102-37—Miscellaneous Donation Statutes</HD>
                <P>The following is a listing of statutes which authorize donations which do not require GSA's approval:</P>
                <P>
                  <E T="03">Statute:</E> 10 U.S.C. 2572.</P>
                <P>
                  <E T="03">Donor Agency:</E> Any military department (Army, Navy, and Air Force) or the Coast Guard.</P>
                <P>
                  <E T="03">Type of Property:</E> Books, manuscripts, works of art, historical artifacts, drawings, plans, models, and condemned or obsolete combat material.</P>
                <P>
                  <E T="03">Eligible Recipients:</E> 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 <PRTPAGE P="135"/>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.
                </P>
                <P>
                  <E T="03">Statute:</E> 10 U.S.C. 7306.</P>
                <P>
                  <E T="03">Donor Agency:</E> Department of the Navy.</P>
                <P>
                  <E T="03">Type of Property:</E> Any vessel stricken from the Naval Vessel Register or any captured vessel in the possession of the Navy.</P>
                <P>
                  <E T="03">Eligible Recipients:</E> States, Commonwealths, or possessions of the United States; the District of Columbia; and not-for-profit or nonprofit entities.
                </P>
                <P>
                  <E T="03">Statute:</E> 10 U.S.C. 7541.</P>
                <P>
                  <E T="03">Donor Agency:</E> Department of the Navy.</P>
                <P>
                  <E T="03">Type of Property:</E> Obsolete material not needed for naval purposes.</P>
                <P>
                  <E T="03">Eligible Recipients:</E> Sea scouts of the Boy Scouts of America; Naval Sea Cadet Corps; and the Young Marines of the Marine Corps League.
                </P>
                <P>
                  <E T="03">Statute:</E> 10 U.S.C. 7545.</P>
                <P>
                  <E T="03">Donor Agency:</E> Department of the Navy.</P>
                <P>
                  <E T="03">Type of Property:</E> 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.</P>
                <P>
                  <E T="03">Eligible Recipients:</E> 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.
                </P>
                <P>
                  <E T="03">Statute:</E> 14 U.S.C. 641(a).</P>
                <P>
                  <E T="03">Donor Agency:</E> Coast Guard.</P>
                <P>
                  <E T="03">Type of Property:</E> Obsolete or other material not needed for the Coast Guard.</P>
                <P>
                  <E T="03">Eligible Recipients:</E> Coast Guard Auxiliary; sea scout service of the Boy Scouts of America; and public bodies or private organizations not organized for profit.</P>
              </APPENDIX>
              <APPENDIX>
                <EAR>Pt. 102-37, App. B</EAR>
                <HD SOURCE="HED">Appendix B to Part 102-37—Elements of a State Plan of Operation</HD>
                <P>The following is the information and assurances that must be included in a SASP's plan of operation:</P>
                <GPOTABLE CDEF="s75,r200" COLS="2" OPTS="L2">
                  <TTITLE>State Plan Requirements</TTITLE>
                  <BOXHD>
                    <CHED H="1">Regarding . . .</CHED>
                    <CHED H="1">The plan must . . .</CHED>
                  </BOXHD>
                  <ROW RUL="s">
                    <ENT I="01">(a) Designation of a SASP</ENT>
                    <ENT>(1) Name the State agency that will be responsible for administering the plan.<LI>(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.</LI>
                      <LI>(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.</LI>
                    </ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(b) Operational authority</ENT>
                    <ENT>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.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(c) Inventory control and accounting system</ENT>
                    <ENT>(1) Require the SASP to use a management control and accounting system that effectively governs the utilization, inventory control, accountability, and disposal of property.<LI>(2) Provide a detailed explanation of the inventory control and accounting system that the SASP will use.</LI>
                      <LI>(3) Provide that property retained by the SASP to perform its functions be maintained on separate records from those of donable property.</LI>
                    </ENT>
                  </ROW>
                  <ROW RUL="s">
                    <PRTPAGE P="136"/>
                    <ENT I="01">(d) Return of donated property</ENT>
                    <ENT>(1) Require the SASP to provide for the return of donated property from the donee, at the donee's expense, if the property is still usable as determined by the SASP; and<LI>(i) The donee has not placed the property into use for the purpose for which it was donated within 1 year of donation; or</LI>
                      <LI>(ii) The donee ceases to use the property within 1 year after placing it in use.</LI>
                      <LI>(2) Specify that return of property can be accomplished by:</LI>
                      <LI>(i) Physical return to the SASP facility, if required by the SASP.</LI>
                      <LI>(ii) Retransfer directly to another donee, SASP, or</LI>
                      <LI>Federal agency, as required by the SASP.</LI>
                      <LI>(iii) Disposal (by sale or other means) as directed by the SASP.</LI>
                      <LI>(3) Set forth procedures to accomplish property returns to the SASP, retransfers to other organizations, or disposition by sale, abandonment, or destruction.</LI>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">(e) Financing and service charges</ENT>
                    <ENT>(1) Set forth the means and methods for 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.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22"/>
                    <ENT>(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.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22"/>
                    <ENT>(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.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22"/>
                    <ENT>(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.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22"/>
                    <ENT>(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.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22"/>
                    <ENT>(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.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22"/>
                    <ENT>(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.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="22"/>
                    <ENT>(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.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">(f) Terms and conditions on donated property</ENT>
                    <ENT>(1) Require the SASP to identify terms 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.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22"/>
                    <ENT>(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.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="22"/>
                    <ENT>(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.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(g) Nonutilized or undistributed property</ENT>
                    <ENT>Provide that, subject to GSA approval, property in the possession of the SASP which donees in the State cannot use will be disposed of by:<LI>(1) Transfer to another SASP or Federal agency.</LI>
                      <LI>(2) Sale.</LI>
                      <LI>(3) Abandonment or destruction.</LI>
                      <LI>(4) Other arrangements.</LI>
                    </ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(h) Fair and equitable distribution</ENT>
                    <ENT>(1) Provide that the SASP will make fair and equitable distribution of property to eligible donees in the State based on their relative needs and resources and ability to use the property.<LI>(2) Set forth the policies and detailed procedures for effecting a prompt, fair, and equitable distribution.</LI>
                      <LI>(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.</LI>
                    </ENT>
                  </ROW>
                  <ROW RUL="s">
                    <PRTPAGE P="137"/>
                    <ENT I="01">(i) Eligibility</ENT>
                    <ENT>(1) Set forth procedures for the SASP to determine the eligibility of applicants for the donation of surplus personal property.<LI>(2) Provide for donee eligibility records to include at a minimum:</LI>
                      <LI>(i) Legal name and address of the donee.</LI>
                      <LI>(ii) Status of the donee as a public agency or as an eligible nonprofit activity.</LI>
                      <LI>(iii) Details on the scope of the donee's program.</LI>
                      <LI>(iv) Proof of tax exemption under section 501 of the Internal Revenue Code if the donee is nonprofit.</LI>
                      <LI>(v) Proof that the donee is approved, accredited, licensed, or meets any other legal requirement for operation of its program(s).</LI>
                      <LI>(vi) Financial information.</LI>
                      <LI>(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.</LI>
                      <LI>(viii) Assurance that the donee will comply with GSA's regulations on nondiscrimination.</LI>
                      <LI>(ix) Types of property needed.</LI>
                    </ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(j) Compliance and utilization</ENT>
                    <ENT>(1) Provide that the SASP conduct 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.<LI>(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.</LI>
                      <LI>(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.</LI>
                      <LI>(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.</LI>
                    </ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(k) Consultation with advisory bodies and public and private groups</ENT>
                    <ENT>(1) Provide for consultation with advisory bodies and public and private 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.<LI>(2) Provide details of how the SASP will accomplish such consultation.</LI>
                    </ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(l) Audit</ENT>
                    <ENT>(1) Provide for periodic internal audits of the operations and financial affairs of the SASP.<LI>(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:</LI>
                      <LI>(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.</LI>
                      <LI>(ii) An outline of all corrective actions and scheduled completion dates for the actions.</LI>
                      <LI>(3) Provide for cooperation in GSA or Comptroller General conducted audits.</LI>
                    </ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(m) Cooperative agreements</ENT>
                    <ENT>If the SASP wishes to enter into, renew, or revise cooperative agreements with GSA or other Federal agencies:<LI>(1) Affirm the SASP's intentions to enter into cooperative agreements.</LI>
                      <LI>(2) Cite the authority for entering into such agreements.</LI>
                    </ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(n) Liquidation</ENT>
                    <ENT>Provide for the SASP to submit a liquidation plan prior to termination of the SASP activities if the State decides to dissolve the SASP.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(o) Forms</ENT>
                    <ENT>Include copies of distribution documents used by the SASP.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">(p) Records</ENT>
                    <ENT>Affirm that all official records of the SASP will be retained for a minimum of 3 years, except that:<LI>(1) Records involving property subject to restrictions for more than 2 years must be kept 1 year beyond the specified period of restriction.</LI>
                      <LI>(2) Records involving property with perpetual restriction must be retained in perpetuity.</LI>
                      <LI>(3) Records involving property in noncompliance status must be retained for at least 1 year after the noncompliance case is closed.</LI>
                    </ENT>
                  </ROW>
                </GPOTABLE>
              </APPENDIX>
              <APPENDIX>
                <PRTPAGE P="138"/>
                <EAR>Pt. 102-37, App. C</EAR>
                <HD SOURCE="HED">Appendix C to Part 102-37—Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations</HD>
                <P>The following is a glossary of terms for determining eligibility of public agencies and nonprofit organizations:</P>
                <P>
                  <E T="03">Accreditation</E> means the status of public recognition that an accrediting agency grants to an institution or program that meets the agency's standards and requirements.</P>
                <P>
                  <E T="03">Accredited</E> 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.</P>
                <P>
                  <E T="03">Approved</E> 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.</P>
                <P>
                  <E T="03">Child care center</E> means a public or nonprofit facility where educational, social, health, and nutritional services are provided to children through age 14 (or as prescribed by State law) and that is approved or licensed by the State or other appropriate authority as a child day care center or child care center.</P>
                <P>
                  <E T="03">Clinic</E> 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.</P>
                <P>
                  <E T="03">College</E> 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.</P>
                <P>
                  <E T="03">Conservation</E> 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.</P>
                <P>
                  <E T="03">Drug abuse or alcohol treatment center</E> 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.</P>
                <P>
                  <E T="03">Economic development</E> 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.</P>
                <P>
                  <E T="03">Education</E> 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.</P>
                <P>
                  <E T="03">Educational institution</E> 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.</P>
                <P>
                  <E T="03">Educational radio or television station</E> means a public or nonprofit radio or television station licensed by the Federal Communications Commission and operated exclusively for noncommercial educational purposes.</P>
                <P>
                  <E T="03">Health center</E> means an approved public or nonprofit facility that provides public health services, including related facilities such as diagnostic and laboratory facilities and clinics.</P>
                <P>
                  <E T="03">Homeless individual</E> means:</P>
                <P>(1) An individual who lacks a fixed, regular, and adequate nighttime residence, or who has a primary nighttime residence that is:</P>
                <P>(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);</P>
                <P>(ii) An institution that provides a temporary residence for individuals intended to be institutionalized; or</P>
                <P>(iii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.</P>
                <P>(2) For purposes of this part, the term <E T="03">homeless individual</E> does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State law.</P>
                <P>
                  <E T="03">Hospital</E> means an approved or accredited public or nonprofit institution providing <PRTPAGE P="139"/>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.</P>
                <P>
                  <E T="03">Library</E> means a public or nonprofit facility providing library services free to all residents of a community, district, State, or region.</P>
                <P>
                  <E T="03">Licensed</E> 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.</P>
                <P>
                  <E T="03">Medical institution</E> 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 <E T="03">medical institution.</E>
                </P>
                <P>
                  <E T="03">Museum</E> 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 <E T="03">museum</E> 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 <E T="03">museum</E> 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.</P>
                <P>
                  <E T="03">Nationally recognized accrediting agency</E> 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)</P>
                <P>
                  <E T="03">Nonprofit</E> means not organized for profit and exempt from Federal income tax under section 501 of the Internal Revenue Code (26 U.S.C. 501).</P>
                <P>
                  <E T="03">Parks and recreation</E> 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.</P>
                <P>
                  <E T="03">Program for older individuals</E> 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 <E T="03">et seq.</E>), or under titles VIII and X of the Economic Opportunity Act of 1964 (42 U.S.C. 2991 <E T="03">et seq.</E>) and the Community Services Block Grant Act (42 U.S.C. 9901 <E T="03">et seq.</E>).</P>
                <P>
                  <E T="03">Provider of assistance to homeless individuals</E> 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.</P>
                <P>
                  <E T="03">Provider of assistance to impoverished families and individuals</E> 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.</P>
                <P>
                  <E T="03">Public agency</E> means any State; political subdivision thereof, including any unit of local government or economic development district; any department, agency, or instrumentality thereof, including instrumentalities created by compact or other agreement between States or political subdivisions; multijurisdictional substate districts established by or pursuant to State law; or any Indian tribe, band, group, pueblo, or community located on a State reservation.</P>
                <P>
                  <E T="03">Public health</E> means a program(s) to promote, maintain, and conserve the public's <PRTPAGE P="140"/>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.</P>
                <P>
                  <E T="03">Public health institution</E> 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.</P>
                <P>
                  <E T="03">Public purpose</E> 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.</P>
                <P>
                  <E T="03">Public safety</E> 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:</P>
                <P>(1) Public police departments.</P>
                <P>(2) Sheriffs' offices.</P>
                <P>(3) The courts.</P>
                <P>(4) Penal and correctional institutions (including juvenile facilities).</P>
                <P>(5) State and local civil defense organizations.</P>
                <P>(6) Fire departments and rescue squads (including volunteer fire departments and rescue squads supported in whole or in part with public funds).</P>
                <P>
                  <E T="03">School (except schools for the mentally or physically disabled)</E> 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.</P>
                <P>
                  <E T="03">School for the mentally or physically disabled</E> 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.</P>
                <P>
                  <E T="03">University</E> 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.</P>
              </APPENDIX>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 102-38</EAR>
            <HD SOURCE="HED">PART 102-38—SALE OF PERSONAL PROPERTY</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—General Provisions</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-38.5</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <SECTNO>102-38.10</SECTNO>
                <SUBJECT>What is the governing authority for this part?</SUBJECT>
                <SECTNO>102-38.15</SECTNO>
                <SUBJECT>Who must comply with these sales provisions?</SUBJECT>
                <SECTNO>102-38.20</SECTNO>
                <SUBJECT>Must we follow the regulations of this part when selling all personal property?</SUBJECT>
                <SECTNO>102-38.25</SECTNO>
                <SUBJECT>To whom do “we”, “you”, and their variants refer?</SUBJECT>
                <SECTNO>102-38.30</SECTNO>
                <SUBJECT>How do we request a deviation from the provisions of this part?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Definitions</HD>
                  <SECTNO>102-38.35</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Responsibilities</HD>
                  <SECTNO>102-38.40</SECTNO>
                  <SUBJECT>Who may sell personal property?</SUBJECT>
                  <SECTNO>102-38.45</SECTNO>
                  <SUBJECT>What are our responsibilities in selling personal property?</SUBJECT>
                  <SECTNO>102-38.50</SECTNO>
                  <SUBJECT>What must we do when we suspect violations of 40 U.S.C. 559, fraud, bribery, or criminal collusion in connection with the disposal of personal property?</SUBJECT>
                  <SECTNO>102-38.55</SECTNO>
                  <SUBJECT>What must we do when selling personal property?</SUBJECT>
                  <SECTNO>102-38.60</SECTNO>
                  <SUBJECT>Who is responsible for the costs of care and handling of the personal property before it is sold?</SUBJECT>
                  <SECTNO>102-38.65</SECTNO>
                  <SUBJECT>What if we are notified of a Federal requirement for surplus personal property before the sale is complete?</SUBJECT>
                  <SECTNO>102-38.70</SECTNO>
                  <SUBJECT>May we abandon or destroy personal property either prior to or after trying to sell it?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Sales Process</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Methods of Sale</HD>
                  <SECTNO>102-38.75</SECTNO>
                  <SUBJECT>How may we sell personal property?</SUBJECT>
                  <SECTNO>102-38.80</SECTNO>
                  <SUBJECT>Which method of sale should we use?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Competitive Sales</HD>
                  <SECTNO>102-38.85</SECTNO>
                  <SUBJECT>What is a sealed bid sale?</SUBJECT>
                  <SECTNO>102-38.90</SECTNO>
                  <SUBJECT>What is a spot bid sale?<PRTPAGE P="141"/>
                  </SUBJECT>
                  <SECTNO>102-38.95</SECTNO>
                  <SUBJECT>What is an auction?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Negotiated Sales</HD>
                  <SECTNO>102-38.100</SECTNO>
                  <SUBJECT>What is a negotiated sale?</SUBJECT>
                  <SECTNO>102-38.105</SECTNO>
                  <SUBJECT>Under what conditions may we negotiate sales of personal property?</SUBJECT>
                  <SECTNO>102-38.110</SECTNO>
                  <SUBJECT>Who approves our determinations to conduct negotiated sales?</SUBJECT>
                  <SECTNO>102-38.115</SECTNO>
                  <SUBJECT>What are the specific reporting requirements for negotiated sales?</SUBJECT>
                  <SECTNO>102-38.120</SECTNO>
                  <SUBJECT>When may we conduct negotiated sales of personal property at fixed prices (fixed price sale)?</SUBJECT>
                  <SECTNO>102-38.125</SECTNO>
                  <SUBJECT>May we sell personal property at fixed prices to State agencies?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Advertising</HD>
                  <SECTNO>102-38.130</SECTNO>
                  <SUBJECT>Must we publicly advertise sales of Federal personal property?</SUBJECT>
                  <SECTNO>102-38.135</SECTNO>
                  <SUBJECT>What constitutes a public advertisement?</SUBJECT>
                  <SECTNO>102-38.140</SECTNO>
                  <SUBJECT>What must we include in the public notice on sale of personal property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Pre-Sale Activities</HD>
                  <SECTNO>102-38.145</SECTNO>
                  <SUBJECT> Must we allow for inspection of the personal property to be sold?</SUBJECT>
                  <SECTNO>102-38.150</SECTNO>
                  <SUBJECT>How long is the inspection period?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Offer to Sell</HD>
                  <SECTNO>102-38.155</SECTNO>
                  <SUBJECT>What is an offer to sell?</SUBJECT>
                  <SECTNO>102-38.160</SECTNO>
                  <SUBJECT>What must be included in the offer to sell?</SUBJECT>
                  <SECTNO>102-38.165</SECTNO>
                  <SUBJECT>Are the terms and conditions in the offer to sell binding?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Bids</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Buyer Eligibility</HD>
                  <SECTNO>102-38.170</SECTNO>
                  <SUBJECT>May we sell Federal personal property to anyone?</SUBJECT>
                  <SECTNO>102-38.175</SECTNO>
                  <SUBJECT>How do we find out if a person or entity has been suspended or debarred from doing business with the Government?</SUBJECT>
                  <SECTNO>102-38.180</SECTNO>
                  <SUBJECT>May we sell Federal personal property to a Federal employee?</SUBJECT>
                  <SECTNO>102-38.185</SECTNO>
                  <SUBJECT>May we sell Federal personal property to State or local governments?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Acceptance of Bids</HD>
                  <SECTNO>102-38.190</SECTNO>
                  <SUBJECT>What is considered a responsive bid?</SUBJECT>
                  <SECTNO>102-38.195</SECTNO>
                  <SUBJECT>Must bidders use authorized bid forms?</SUBJECT>
                  <SECTNO>102-38.200</SECTNO>
                  <SUBJECT>Who may accept bids?</SUBJECT>
                  <SECTNO>102-38.205</SECTNO>
                  <SUBJECT>Must we accept all bids?</SUBJECT>
                  <SECTNO>102-38.210</SECTNO>
                  <SUBJECT>What happens when bids have been rejected?</SUBJECT>
                  <SECTNO>102-38.215</SECTNO>
                  <SUBJECT>When may we disclose the bid results to the public?</SUBJECT>
                  <SECTNO>102-38.220</SECTNO>
                  <SUBJECT>What must we do when the highest bids received have the same bid amount?</SUBJECT>
                  <SECTNO>102-38.225</SECTNO>
                  <SUBJECT>What are the additional requirements in the bid process?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Bid Deposits</HD>
                  <SECTNO>102-38.230</SECTNO>
                  <SUBJECT>Is a bid deposit required to buy personal property?</SUBJECT>
                  <SECTNO>102-38.235</SECTNO>
                  <SUBJECT>What types of payment may we accept as bid deposits?</SUBJECT>
                  <SECTNO>102-38.240</SECTNO>
                  <SUBJECT>What happens to the deposit bond if the bidder defaults or wants to withdraw his/her bid?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Late Bids</HD>
                  <SECTNO>102-38.245</SECTNO>
                  <SUBJECT>Do we consider late bids for award?</SUBJECT>
                  <SECTNO>102-38.250</SECTNO>
                  <SUBJECT>How do we handle late bids that are not considered?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Modification or Withdrawal of Bids</HD>
                  <SECTNO>102-38.255</SECTNO>
                  <SUBJECT>May we allow a bidder to modify or withdraw a bid?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Mistakes in Bids</HD>
                  <SECTNO>102-38.260</SECTNO>
                  <SUBJECT>Who makes the administrative determinations regarding mistakes in bids?</SUBJECT>
                  <SECTNO>102-38.265</SECTNO>
                  <SUBJECT>Must we keep records on administrative determinations?</SUBJECT>
                  <SECTNO>102-38.270</SECTNO>
                  <SUBJECT>May a bidder protest the determinations made on sales of personal property?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Completion of Sale</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Awards</HD>
                  <SECTNO>102-38.275</SECTNO>
                  <SUBJECT>To whom do we award the sales contract?</SUBJECT>
                  <SECTNO>102-38.280</SECTNO>
                  <SUBJECT>What happens when there is no award?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Transfer of Title</HD>
                  <SECTNO>102-38.285</SECTNO>
                  <SUBJECT>How do we transfer title from the Government to the buyer for personal property sold?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Payments</HD>
                  <SECTNO>102-38.290</SECTNO>
                  <SUBJECT>What types of payment may we accept?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Disposition of Proceeds</HD>
                  <SECTNO>102-38.295</SECTNO>
                  <SUBJECT>May we retain sales proceeds?</SUBJECT>
                  <SECTNO>102-38.300</SECTNO>
                  <SUBJECT>What happens to sales proceeds that we are not authorized to retain or that are unused?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Disputes</HD>
                  <SECTNO>102-38.305</SECTNO>
                  <SUBJECT>How do we handle disputes involved in the sale of Federal personal property?</SUBJECT>
                  <SECTNO>102-38.310</SECTNO>
                  <SUBJECT>Are we required to use the Disputes clause in the sale of personal property?</SUBJECT>
                  <SECTNO>102-38.315</SECTNO>
                  <SUBJECT>Are we required to use Alternative DisputesResolution for sales contracts?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <PRTPAGE P="142"/>
                <HD SOURCE="HED">Subpart E—Other Governing Statutes</HD>
                <SECTNO>102-38.320</SECTNO>
                <SUBJECT>Are there other statutory requirements governing the sale of Federal personal property?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Antitrust Requirements</HD>
                  <SECTNO>102-38.325</SECTNO>
                  <SUBJECT>What are the requirements pertaining to antitrust laws?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart F—Reporting Requirements</HD>
                <SECTNO>102-38.330</SECTNO>
                <SUBJECT>Are there any reports that we must submit to the General Services Administration?</SUBJECT>
                <SECTNO>102-38.335</SECTNO>
                <SUBJECT>Is there any additional personal property sales information that we must submit to the GeneralServices Administration?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart G—Provisions for State and Local Governments</HD>
                <SECTNO>102-38.340</SECTNO>
                <SUBJECT>How may we sell personal property to State and local governments?</SUBJECT>
                <SECTNO>102-38.345</SECTNO>
                <SUBJECT>Do we have to withdraw personal property advertised for public sale if a State Agency for Surplus Property wants to buy it?</SUBJECT>
                <SECTNO>102-38.350</SECTNO>
                <SUBJECT>Are there special provisions for State and local governments regarding negotiated sales?</SUBJECT>
                <SECTNO>102-38.355</SECTNO>
                <SUBJECT>Do the regulations of this part apply to State Agencies for Surplus Property (SASPs) when conducting sales?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 545 and 40 U.S.C. 121(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>68 FR 51421, Aug. 26, 2003, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General Provisions</HD>
              <SECTION>
                <SECTNO>§ 102-38.5</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <P>This part prescribes the policies governing the sale of Federal personal property, including—</P>
                <P>(a) Surplus personal property that has completed all required Federal and/or donation screening; and</P>
                <P>(b) Personal property to be sold under the exchange/sale authority.</P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-38.5:</HD>
                  <P>You must follow additional guidelines in 41 CFR parts 101-42 and 101-45 of the Federal Property Management Regulations (FPMR) for the sale of personal property that has special handling requirements or property containing hazardous materials. Additional requirements for the sale of aircraft and aircraft parts are provided in part 102-33 of this chapter. </P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-38.10</SECTNO>
                <SUBJECT>What is the governing authority for this part?</SUBJECT>
                <P>The authority for the regulations in this part governing the sale of Federal personal property is 40 U.S.C. 541 through 548, 571, 573 and 574.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-38.15</SECTNO>
                <SUBJECT>Who must comply with these sales provisions?</SUBJECT>
                <P>All executive agencies must comply with the provisions of this part. The legislative and judicial branches are encouraged to follow these provisions.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-38.20</SECTNO>
                <SUBJECT>Must we follow the regulations of this part when selling all personal property?</SUBJECT>
                <P>Generally, yes, you must follow the regulations of this part when selling all personal property; however—</P>
                <P>(a) Materials acquired for the national stockpile or supplemental stockpile, or materials or equipment acquired under section 303 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2093) are excepted from this part;</P>
                <P>(b) The Maritime Administration, Department of Transportation, has jurisdiction over the disposal of vessels of 1,500 gross tons or more and determined by the Secretary to be merchant vessels or capable of conversion to merchant use;</P>
                <P>(c) Sales made by the Secretary of Defense pursuant to 10 U.S.C. 2576 (Sale of Surplus Military Equipment to State and Local Law Enforcement and Firefighting Agencies) are exempt from these provisions; and</P>
                <P>(d) Foreign excess personal property is exempt from these provisions.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-38.25</SECTNO>
                <SUBJECT>To whom do “we”, “you”, and their variants refer?</SUBJECT>
                <P>Unless otherwise indicated, use of pronouns “we”, “you”, and their variants throughout this part refer to the holding agency responsible for the sale of the property.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-38.30</SECTNO>
                <SUBJECT>How do we request a deviation from the provisions of this part?</SUBJECT>
                <P>Refer to §§ 102-2.60 through 102-2.110 of this chapter for information on how to obtain a deviation from this part.</P>
              </SECTION>
              <SUBJGRP>
                <PRTPAGE P="143"/>
                <HD SOURCE="HED">Definitions</HD>
                <SECTION>
                  <SECTNO>§ 102-38.35</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                  <P>The following definitions apply to this part:</P>
                  <P>
                    <E T="03">Bid</E> means a response to an offer to sell that, if accepted, would bind the bidder to the terms and conditions of the contract (including the bid price).</P>
                  <P>
                    <E T="03">Bidder</E> means any entity that is responding to or has responded to an offer to sell.</P>
                  <P>
                    <E T="03">Estimated fair market value</E> means the selling agency's best estimate of what the property would be sold for if offered for public sale.</P>
                  <P>
                    <E T="03">Identical bids</E> means bids for the same item of property having the same total price.</P>
                  <P>
                    <E T="03">Personal property</E> means any property, except real property. For purposes of this part, the term excludes records of the Federal Government, and naval vessels of the following categories:</P>
                  <P>(1) Battleships;</P>
                  <P>(2) Cruisers;</P>
                  <P>(3) Aircraft carriers;</P>
                  <P>(4) Destroyers; and</P>
                  <P>(5) Submarines.</P>
                  <P>
                    <E T="03">State Agency for Surplus Property (SASP)</E> means the agency designated under State law to receive Federal surplus personal property for distribution to eligible donees within the State as provided for in 40 U.S.C. 549.</P>
                  <P>
                    <E T="03">State or local government</E> means a State, territory, possession, political subdivision thereof, or tax-supported agency therein.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Responsibilities</HD>
                <SECTION>
                  <SECTNO>§ 102-38.40</SECTNO>
                  <SUBJECT>Who may sell personal property?</SUBJECT>
                  <P>You may sell personal property as the holding agency or on behalf of another agency when so requested, or have the General Services Administration, a contractor, or another Federal agency conduct the sale for you, provided that only Federal officials authorized by your agency approve the sale and bind the United States.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.45</SECTNO>
                  <SUBJECT>What are our responsibilities in selling personal property?</SUBJECT>
                  <P>Your responsibilities in selling personal property are to—</P>
                  <P>(a) Ensure the sale complies with the provisions of Title 40 of the U.S. Code, the regulations of this part, and any other applicable laws;</P>
                  <P>(b) Issue internal guidance to promote uniformity of sales procedures;</P>
                  <P>(c) Assure that officials designated to conduct and finalize sales are adequately trained;</P>
                  <P>(d) Be accountable for the care and handling of the personal property prior to its removal by the buyer; and</P>
                  <P>(e) Adjust your property and financial records to reflect the final disposition.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.50</SECTNO>
                  <SUBJECT>What must we do when we suspect violations of 40 U.S.C. 559, fraud, bribery, or criminal collusion in connection with the disposal of personal property?</SUBJECT>
                  <P>If you suspect violations of 40 U.S.C. 559, fraud, bribery, or criminal collusion in connection with the disposal of personal property, you must—</P>
                  <P>(a) Refer the violations to the Inspector General of your agency and/or the Attorney General, Department of Justice, Washington, DC 20530, for further investigation. You must cooperate with and provide evidence concerning the suspected violation or crime to the investigating agency assuming jurisdiction of the matter; and</P>
                  <P>(b) Submit to the General Services Administration (GSA), Property Management Division (FBP), 1800 F Street, NW., Washington, DC 20406, a report of any compliance investigations concerning such violations. The report must contain information concerning the noncompliance, including the corrective action taken or contemplated, and, for cases referred to the Department of Justice, a copy of the transmittal letter. A copy of each report must be submitted also to GSA, Personal Property Management Policy Division (MTP), 1800 F Street, NW., Washington, DC 20405.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.55</SECTNO>
                  <SUBJECT>What must we do when selling personal property?</SUBJECT>
                  <P>When selling personal property, you must ensure that—</P>

                  <P>(a) All sales are made after publicly advertising for bids, except as provided for negotiated sales in §§ 102-38.100 through 102-38.125; and<PRTPAGE P="144"/>
                  </P>
                  <P>(b) Advertising for bids must permit full and free competition consistent with the value and nature of the property involved.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.60</SECTNO>
                  <SUBJECT>Who is responsible for the costs of care and handling of the personal property before it is sold?</SUBJECT>
                  <P>You are responsible for the care and handling costs of the personal property until it is removed by the buyer or the buyer's designee. When specified in the terms and conditions of sale, you may charge costs for storage when the buyer is delinquent in removing the property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.65</SECTNO>
                  <SUBJECT>What if we are notified of a Federal requirement for surplus personal property before the sale is complete?</SUBJECT>
                  <P>Federal agencies have first claim to excess or surplus personal property reported to the General Services Administration. When a bona fide need for the property exists and is expressed by a Federal agency, and when no like item(s) are located elsewhere, you must make the property available for transfer to the maximum extent practicable and prior to transfer of title to the property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.70</SECTNO>
                  <SUBJECT>May we abandon or destroy personal property either prior to or after trying to sell it?</SUBJECT>
                  <P>(a) Yes, you may abandon or destroy personal property either prior to or after trying to sell it, but only when an authorized agency official has made a written determination that—</P>
                  <P>(1) The personal property has no commercial value; or</P>
                  <P>(2) The estimated cost of continued care and handling would exceed the estimated sales proceeds.</P>
                  <P>(b) In addition to the provisions in paragraph (a) of this section, see the regulations at §§ 102-36.305 through 102-36.330 of this subchapter B that are applicable to the abandonment or destruction of personal property in general, and excess personal property in particular.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Sales Process</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Methods of Sale</HD>
                <SECTION>
                  <SECTNO>§ 102-38.75</SECTNO>
                  <SUBJECT>How may we sell personal property?</SUBJECT>
                  <P>(a) You may sell personal property upon such terms and conditions as the head of your agency or designee deems proper to promote fairness, openness, and timeliness. In selling personal property, you must document the required terms and conditions of each sale, including, but not limited to, the following terms and conditions, as applicable:</P>
                  <P>(1) Inspection.</P>
                  <P>(2) Condition and location of property.</P>
                  <P>(3) Eligibility of bidders.</P>
                  <P>(4) Consideration of bids.</P>
                  <P>(5) Bid deposits and payments.</P>
                  <P>(6) Submission of bids.</P>
                  <P>(7) Bid price determination.</P>
                  <P>(8) Title.</P>
                  <P>(9) Delivery, loading, and removal of property.</P>
                  <P>(10) Default, returns, or refunds.</P>
                  <P>(11) Modifications, withdrawals, or late bids.</P>
                  <P>(12) Requirements to comply with applicable laws and regulations.</P>
                  <P>(13) Certificate of independent price determinations.</P>
                  <P>(14) Covenant against contingent fees.</P>
                  <P>(15) Limitation on Government's liability.</P>
                  <P>(16) Award of contract.</P>
                  <P>(b) Standard government forms (<E T="03">e.g.,</E> Standard Form 114 series) may be used to document terms and conditions of the sale.</P>
                  <P>(c) When conducting and completing a sale through electronic media, the required terms and conditions must be included in your electronic sales documentation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.80</SECTNO>
                  <SUBJECT>Which method of sale should we use?</SUBJECT>

                  <P>(a) You may use any method of sale provided the sale is publicly advertised and the personal property is sold with full and open competition. Exceptions to the requirement for competitive bids for negotiated sales(including fixed price sales) are contained in §§ 102-38.100 through 102-38.125. You <PRTPAGE P="145"/>must select the method of sale that will bring maximum return at minimum cost, considering factors such as—</P>
                  <P>(1) Type and quantity of property;</P>
                  <P>(2) Location of property;</P>
                  <P>(3) Potential market;</P>
                  <P>(4) Cost to prepare and conduct the sale;</P>
                  <P>(5) Available facilities; and</P>
                  <P>(6) Sales experience of the selling activity.</P>
                  <P>(b) Methods of sale may include sealed bid sales, spot bid sales, auctions, or negotiated sales and may be conducted at a physical location or through any electronic media that is publicly accessible.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Competitive Sales</HD>
                <SECTION>
                  <SECTNO>§ 102-38.85</SECTNO>
                  <SUBJECT>What is a sealed bid sale?</SUBJECT>
                  <P>A sealed bid sale is a sale in which bid prices are kept confidential until bid opening. Bids are submitted either electronically or in writing according to formats specified by the selling agency, and all bids are held for public disclosure at a designated time and place.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.90</SECTNO>
                  <SUBJECT>What is a spot bid sale?</SUBJECT>
                  <P>A spot bid sale is a sale where immediately following the offering of the item or lot of property, bids are examined, and awards are made or bids rejected on the spot. Bids are either submitted electronically or in writing according to formats specified by the selling agency, and must not be disclosed prior to announcement of award.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.95</SECTNO>
                  <SUBJECT>What is an auction?</SUBJECT>
                  <P>An auction is a sale where the bid amounts of different bidders are disclosed as they are submitted, providing bidders the option to increase their bids if they choose. Bids are submitted electronically and/or by those physically present at the sale. Normally, the bidder with the highest bid at the close of each bidding process is awarded the property.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Negotiated Sales</HD>
                <SECTION>
                  <SECTNO>§ 102-38.100</SECTNO>
                  <SUBJECT>What is a negotiated sale?</SUBJECT>
                  <P>A negotiated sale is a sale where the selling price is arrived at between the seller and the buyer, subject to obtaining such competition as is feasible under the circumstances.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.105</SECTNO>
                  <SUBJECT>Under what conditions may we negotiate sales of personal property?</SUBJECT>
                  <P>You may negotiate sales of personal property when—</P>
                  <P>(a) The personal property has an estimated fair market value that does not exceed $15,000;</P>
                  <P>(b) The disposal will be to a State, territory, possession, political subdivision thereof, or tax-supported agency therein, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation;</P>
                  <P>(c) Bid prices after advertising are not reasonable and re-advertising would serve no useful purpose;</P>
                  <P>(d) Public exigency does not permit any delay such as that caused by the time required to advertise a sale;</P>
                  <P>(e) The sale promotes public health, safety, or national security;</P>
                  <P>(f) The sale is in the public interest under a national emergency declared by the President or the Congress. This authority may be used only with specific lot(s) of property or for categories determined by the Administrator of General Services for a designated period but not in excess of three months;</P>

                  <P>(g) Selling the property competitively would have an adverse impact on the national economy, provided that the estimated fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation, <E T="03">e.g.,</E> sale of large quantities of an agricultural product that impact domestic markets; or</P>
                  <P>(h) Otherwise authorized by Title 40 of the U.S. Code or other law.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.110</SECTNO>
                  <SUBJECT>Who approves our determinations to conduct negotiated sales?</SUBJECT>
                  <P>The head of your agency (or his/her designee) must approve all negotiated sales of personal property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.115</SECTNO>
                  <SUBJECT>What are the specific reporting requirements for negotiated sales?</SUBJECT>

                  <P>For negotiated sales of personal property, you must—<PRTPAGE P="146"/>
                  </P>
                  <P>(a) In accordance with 40 U.S.C. 545(e), and in advance of the sale, submit to the oversight committees for the General Services Administration (GSA) in the Senate andHouse, explanatory statements for each sale by negotiation of any personal property with an estimated fair market value in excess of $15,000. You must maintain copies of the explanatory statements in your disposal files. No statement is needed for negotiated sales at fixed price or for any sale made without advertising when authorized by law other than 40 U.S.C. 545; and</P>
                  <P>(b) Report annually to GSA, Personal Property Management Policy Division (MTP), 1800 F Street, NW., Washington, DC, 20405, within 60 calendar days after the close of each fiscal year, a listing and description of all negotiated sales of personal property with an estimated fair market value in excess of $5,000. You may submit the report electronically or manually (see § 102-38.330).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.120</SECTNO>
                  <SUBJECT>When may we conduct negotiated sales of personal property at fixed prices (fixed price sale)?</SUBJECT>
                  <P>You may sell personal property at fixed prices when the head of your agency, or designee, determines in writing that such sale serves the best interests of the Government. You must publicize such sale to the extent consistent with the value and nature of the property involved, and the prices established must reflect the estimated fair market value of the property. Property is sold on a first-come, first-served basis. You may also establish additional terms and conditions that must be met by the successful purchaser.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.125</SECTNO>
                  <SUBJECT>May we sell personal property at fixed prices to State agencies?</SUBJECT>

                  <P>Yes, before offering to the public, you may offer the property at fixed prices (through the State Agencies for Surplus Property) to any States, territories, possessions, political subdivisions thereof, or tax-supported agencies therein, which have expressed an interest in obtaining the property. For additional information, <E T="03">see</E> subpart G of this part.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Advertising</HD>
                <SECTION>
                  <SECTNO>§ 102-38.130</SECTNO>
                  <SUBJECT>Must we publicly advertise sales of Federal personal property?</SUBJECT>
                  <P>Yes, you must provide public notice of your sale of personal property to permit full and open competition.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.135</SECTNO>
                  <SUBJECT>What constitutes a public advertisement?</SUBJECT>
                  <P>Announcement of the sale using any media that reaches the public and is appropriate to the type and value of personal property to be sold is considered public advertising. You may also distribute mailings or flyers of your offer to sell to prospective purchasers on mailing lists. Public notice should be made far enough in advance of the sale to ensure adequate notice, and to target your advertising efforts toward the market that will provide the best return at the lowest cost.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.140</SECTNO>
                  <SUBJECT>What must we include in the public notice on sale of personal property?</SUBJECT>
                  <P>In the public notice, you must provide information necessary for potential buyers to participate in the sale, such as—</P>
                  <P>(a) Date, time and location of sale;</P>
                  <P>(b) General categories of property being offered for sale;</P>
                  <P>(c) Inspection period;</P>
                  <P>(d) Method of sale (<E T="03">i.e.,</E> spot bid, sealed bid, auction);</P>
                  <P>(e) Selling agency; and</P>
                  <P>(f) Who to contact for additional information.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Pre-Sale Activities</HD>
                <SECTION>
                  <SECTNO>§ 102-38.145</SECTNO>
                  <SUBJECT>Must we allow for inspection of the personal property to be sold?</SUBJECT>

                  <P>Yes, you must allow for an electronic or physical inspection of the personal property to be sold. You must allow prospective bidders sufficient time for inspection. If inspection is restricted to electronic inspections only, due to unusual circumstances prohibiting physical inspection, you must notify your General Services Administration Regional Personal Property Office in writing, with the circumstances surrounding this restriction at least 3 <PRTPAGE P="147"/>days prior to the start of the screening period.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.150</SECTNO>
                  <SUBJECT>How long is the inspection period?</SUBJECT>
                  <P>The length of the inspection period allowed depends upon whether the inspection is done electronically or physically. You should also consider such factors as the circumstances of sale, volume of property, type of property, location of the property, and accessibility of the sales facility. Normally, you should provide at least 7 calendar days to ensure potential buyers have the opportunity to perform needed inspections.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Offer to Sell</HD>
                <SECTION>
                  <SECTNO>§ 102-38.155</SECTNO>
                  <SUBJECT>What is an offer to sell?</SUBJECT>
                  <P>An offer to sell is a notice listing the terms and conditions for bidding on an upcoming sale of personal property, where prospective purchasers are advised of the requirements for a responsive bid and the contractual obligations once a bid is accepted.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.160</SECTNO>
                  <SUBJECT>What must be included in the offer to sell?</SUBJECT>
                  <P>The offer to sell must include—</P>
                  <P>(a) Sale date and time;</P>
                  <P>(b) Method of sale;</P>
                  <P>(c) Description of property being offered for sale;</P>
                  <P>(d) Selling agency;</P>
                  <P>(e) Location of property;</P>
                  <P>(f) Time and place for receipt of bids;</P>
                  <P>(g) Acceptable forms of bid deposits and payments; and</P>
                  <P>(h) Terms and conditions of sale, including any specific restrictions and limitations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.165</SECTNO>
                  <SUBJECT>Are the terms and conditions in the offer to sell binding?</SUBJECT>
                  <P>Yes, the terms and conditions in the offer to sell are normally incorporated into the sales contract, and therefore binding upon both the buyer and the seller once a bid is accepted.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Bids</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Buyer Eligibility</HD>
                <SECTION>
                  <SECTNO>§ 102-38.170</SECTNO>
                  <SUBJECT>May we sell Federal personal property to anyone?</SUBJECT>
                  <P>Generally, you may sell Federal personal property to anyone of legal age. However, certain persons or entities are debarred or suspended from purchasing Federal property. You must not enter into a contract with such a person or entity unless your agency head or designee responsible for the disposal action determines that there is a compelling reason for such an action.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.175</SECTNO>
                  <SUBJECT>How do we find out if a person or entity has been suspended or debarred from doing business with the Government?</SUBJECT>

                  <P>Refer to the List of Parties Excluded from Federal Procurement and Nonprocurement Programs to ensure you do not solicit from or award contracts to these persons or entities. The list is available through subscription from the U.S. Government Printing Office, or electronically on the Internet at <E T="03">http://epls.arnet.gov.</E> For policies, procedures, and requirements for debarring/suspending a person or entity from the purchase of Federal personal property, follow the procedures in the Federal AcquisitionRegulation (FAR) subpart 9.4 (48 CFR part 9, subpart 9.4).</P>
                  <CITA>[68 FR 51421, Aug. 26, 2003; 68 FR 53219, Sept. 9, 2003]</CITA>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.180</SECTNO>
                  <SUBJECT>May we sell Federal personal property to a Federal employee?</SUBJECT>
                  <P>Yes, you may sell Federal personal property to any Federal employee whose agency does not prohibit their employees from purchasing such property. However, unless allowed by Federal or agency regulations, employees having nonpublic information regarding property offered for sale may not participate in that sale (see 5 CFR 2635.703). For purposes of this section, the term “Federal employee” also applies to an immediate member of the employee's household.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="148"/>
                  <SECTNO>§ 102-38.185</SECTNO>
                  <SUBJECT>May we sell Federal personal property to State or local governments?</SUBJECT>
                  <P>Yes, you may sell Federal personal property to State or local governments. Additional guidelines on sales to State or local governments are contained in subpart G of this part.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Acceptance of Bids</HD>
                <SECTION>
                  <SECTNO>§ 102-38.190</SECTNO>
                  <SUBJECT>What is considered a responsive bid?</SUBJECT>
                  <P>A responsive bid is a bid that complies with the terms and conditions of the sales offering, and satisfies the requirements as to the method and timeliness of the submission. Only responsive bids may be considered for award.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.195</SECTNO>
                  <SUBJECT>Must bidders use authorized bid forms?</SUBJECT>
                  <P>No, bidders do not have to use authorized bid forms; however if a bidder uses his/her own bid form to submit a bid, the bid may be considered only if—</P>
                  <P>(a) The bidder accepts all the terms and conditions of the offer to sell; and</P>
                  <P>(b) Award of the bid would result in a binding contract.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.200</SECTNO>
                  <SUBJECT>Who may accept bids?</SUBJECT>
                  <P>Authorized agency representatives may accept bids for your agency. These individuals should meet your agency's requirements for approval of Government contracts.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.205</SECTNO>
                  <SUBJECT>Must we accept all bids?</SUBJECT>
                  <P>No, the Government reserves the right to accept or reject any or all bids. You may reject any or all bids when such action is advantageous to the Government, or when it is in the public interest to do so.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.210</SECTNO>
                  <SUBJECT>What happens when bids have been rejected?</SUBJECT>
                  <P>You may re-offer items for which all bids have been rejected at the same sale, if possible, or another sale.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.215</SECTNO>
                  <SUBJECT>When may we disclose the bid results to the public?</SUBJECT>
                  <P>You may disclose bid results to the public after the sales award of any item or lot of property. On occasions when there is open bidding, usually at a spot bid sale or auction, all bids are disclosed as they are submitted. No information other than names may be disclosed regarding the bidder(s).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.220</SECTNO>
                  <SUBJECT>What must we do when the highest bids received have the same bid amount?</SUBJECT>

                  <P>When the highest bids received have the same bid amount, you must consider other factors of the sale (<E T="03">e.g.,</E> timely removal of the property, terms of payment, etc.) that would make one offer more advantageous to the Government. However, if you are unable to make a determination based on available information, and the Government has an acceptable offer, you may re-offer the property for sale, or you may utilize random tiebreakers to avoid the expense of reselling the property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.225</SECTNO>
                  <SUBJECT>What are the additional requirements in the bid process?</SUBJECT>
                  <P>All sales except fixed price sales must contain a certification of independent price determination. If there is suspicion of false certification or an indication of collusion, you must refer the matter to the Department of Justice or your agency's Office of the Inspector General.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Bid Deposits</HD>
                <SECTION>
                  <SECTNO>§ 102-38.230</SECTNO>
                  <SUBJECT>Is a bid deposit required to buy personal property?</SUBJECT>
                  <P>No, a bid deposit is not required to buy personal property. However, should you require a bid deposit to protect the Government's interest, a deposit of 20 percent of the total amount of the bid is generally considered reasonable.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.235</SECTNO>
                  <SUBJECT>What types of payment may we accept as bid deposits?</SUBJECT>

                  <P>In addition to the acceptable types of payments in § 102-38.290, you may also accept a deposit bond. A deposit bond may be used in lieu of cash or other acceptable form of deposit when permitted by the offer to sell, such as the Standard Form (SF) 150, Deposit Bond—IndividualInvitation, Sale of Government Personal Property, SF 151,Deposit Bond—Annual, Sale of Government Personal Property, and SF 28, Affidavit of Individual Surety. For information on how to obtain these forms, <E T="03">see</E> § 102-2.135 of subchapterA.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="149"/>
                  <SECTNO>§ 102-38.240</SECTNO>
                  <SUBJECT>What happens to the deposit bond if the bidder defaults or wants to withdraw his/her bid?</SUBJECT>
                  <P>(a) When a bid deposit is secured by a deposit bond and the bidder defaults, you must issue a notice of default to the bidder and the surety company.</P>
                  <P>(b) When a bid deposit is secured by a deposit bond and the bidder wants to withdraw his/her bid, you should return the deposit bond to the bidder.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Late Bids</HD>
                <SECTION>
                  <SECTNO>§ 102-38.245</SECTNO>
                  <SUBJECT>Do we consider late bids for award?</SUBJECT>
                  <P>Consider late bids for award only when the bids were delivered timely to the address specified and your agency caused the delay in delivering the bids to the official designated to accept the bids.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.250</SECTNO>
                  <SUBJECT>How do we handle late bids that are not considered?</SUBJECT>
                  <P>Late bids that are not considered must be returned to the bidder promptly. You must not disclose information contained in returned bids.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Modification or Withdrawal of Bids</HD>
                <SECTION>
                  <SECTNO>§ 102-38.255</SECTNO>
                  <SUBJECT>May we allow a bidder to modify or withdraw a bid?</SUBJECT>
                  <P>(a) Yes, a bidder may modify or withdraw a bid prior to the start of the sale or the time set for the opening of the bids. After the start of the sale, or the time set for opening the bids, the bidder will not be allowed to withdraw his/her bid.</P>
                  <P>(b) You may consider late modifications to an otherwise successful bid at any time, but only when it makes the terms of the bid more favorable to the Government.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Mistakes in Bids</HD>
                <SECTION>
                  <SECTNO>§ 102-38.260</SECTNO>
                  <SUBJECT>Who makes the administrative determinations regarding mistakes in bids?</SUBJECT>
                  <P>The administrative procedures for handling mistakes in bids are contained in FAR 14.407, Mistakes in Bids (48 CFR 14.407). Your agency head, or his/her designee, may delegate the authority to make administrative decisions regarding mistakes in bids to a central authority, or a limited number of authorities in your agency, who must not re-delegate this authority.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.265</SECTNO>
                  <SUBJECT>Must we keep records on administrative determinations?</SUBJECT>
                  <P>Yes, you must—</P>
                  <P>(a) Maintain records of all administrative determinations made, to include the pertinent facts and the action taken in each case. A copy of the determination must be attached to its corresponding contract; and</P>
                  <P>(b) Provide a signed copy of any related determination with the copy of the contract you file with the Comptroller General when requested.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.270</SECTNO>
                  <SUBJECT>May a bidder protest the determinations made on sales of personal property?</SUBJECT>
                  <P>Yes, protests regarding the validity or the determinations made on the sale of personal property may be submitted to the Comptroller General.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Completion of Sale</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Awards</HD>
                <SECTION>
                  <SECTNO>§ 102-38.275</SECTNO>
                  <SUBJECT>To whom do we award the sales contract?</SUBJECT>
                  <P>You must award the sales contract to the bidder with the highest responsive bid, unless a determination is made to reject the bid under § 102-38.205.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.280</SECTNO>
                  <SUBJECT>What happens when there is no award?</SUBJECT>
                  <P>When there is no award made, you may sell the personal property at another sale, or you may abandon or destroy it pursuant to § 102-36.305 of this subchapter B.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Transfer of Title</HD>
                <SECTION>
                  <SECTNO>§ 102-38.285</SECTNO>
                  <SUBJECT>How do we transfer title from the Government to the buyer for personal property sold?</SUBJECT>

                  <P>(a) Generally, no specific form or format is designated for transferring title from the Government to the buyer for personal property sold. For internal control and accountability, you must execute a bill of sale or another document as evidence of transfer of title or any other interest in Government personal property. You must also ensure that the buyer submits any additional <PRTPAGE P="150"/>certifications to comply with specific conditions and restrictions of the sale.</P>
                  <P>(b) For sales of vehicles, you must issue to the purchaser a Standard Form (SF) 97, the United States Government Certificate to Obtain Title to a Vehicle, or a SF 97A, the United States Government Certificate to Obtain a Non-Repairable or Salvage Certificate, as appropriate, as evidence of transfer of title. For information on how to obtain these forms, see § 102-2.135 of this chapter.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Payments</HD>
                <SECTION>
                  <SECTNO>§ 102-38.290</SECTNO>
                  <SUBJECT>What types of payment may we accept?</SUBJECT>
                  <P>You must adopt a payment policy that protects the Government against fraud. Acceptable payments include, but are not limited to, the following:</P>

                  <P>(a) U.S. currency or any form of credit instrument made payable on demand in U.S. currency, <E T="03">e.g.,</E> cashier's check, money order. Promissory notes and postdated credit instruments are not acceptable.</P>
                  <P>(b) Irrevocable commercial letters of credit issued by a United States bank payable to the Treasurer of the United States or to the Government agency conducting the sale.</P>
                  <P>(c) Credit or debit cards.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Disposition of Proceeds</HD>
                <SECTION>
                  <SECTNO>§ 102-38.295</SECTNO>
                  <SUBJECT>May we retain sales proceeds?</SUBJECT>
                  <P>(a) You may retain that portion of the sales proceeds equal to the direct costs and reasonably related indirect costs incurred in selling surplus personal property.</P>
                  <P>(b) You may retain all sales proceeds when—</P>
                  <P>(1) You have statutory authority to retain all proceeds from sales of personal property;</P>
                  <P>(2) You sold property acquired with non-appropriated funds as defined in § 102-36.40 of this subchapter B;</P>
                  <P>(3) You sold surplus Government property that was in the custody of a contractor or subcontractor and the contract or subcontract provisions authorize the proceeds of sale to be credited to the price or cost of the contract or subcontract;</P>
                  <P>(4) You sold property to obtain replacement property under the exchange/sale authority pursuant to part 102-39 of this subchapter B; or</P>
                  <P>(5) You sold property related to waste prevention and recycling programs, under the authority of Section 607 of Public Law 107-67 (Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Public Law 107-67, 115 Stat. 514). Consult your General Counsel or Chief Financial Officer for guidance on use of this authority.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.300</SECTNO>
                  <SUBJECT>What happens to sales proceeds that we are not authorized to retain or that are unused?</SUBJECT>
                  <P>Any sales proceeds that are not retained pursuant to the authorities in § 102-38.295 must be deposited as miscellaneous receipts in the U.S. Treasury.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Disputes</HD>
                <SECTION>
                  <SECTNO>§ 102-38.305</SECTNO>
                  <SUBJECT>How do we handle disputes involved in the sale of Federal personal property?</SUBJECT>
                  <P>First contact your Office of General Counsel. Further guidance can be found in the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613), and the Federal Acquisition Regulation (FAR) at 48 CFR part 33.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.310</SECTNO>
                  <SUBJECT>Are we required to use the Disputes clause in the sale of personal property?</SUBJECT>
                  <P>Yes, you must ensure the Disputes clause contained in Federal Acquisition Regulation (FAR) 52.233-1 (48 CFR part 52) is included in all offers to sell and contracts for the sale of personal property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-38.315</SECTNO>
                  <SUBJECT>Are we required to use Alternative Disputes Resolution for sales contracts?</SUBJECT>
                  <P>No, you are not required to use Alternative Disputes Resolution (ADR) for sales contracts. However, you are encouraged to use ADR procedures in accordance with the authority and the requirements of the Alternative Disputes Resolution Act of 1998 (28 U.S.C. 651—658).</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="151"/>
              <HD SOURCE="HED">Subpart E—Other Governing Statutes</HD>
              <SECTION>
                <SECTNO>§ 102-38.320</SECTNO>
                <SUBJECT>Are there other statutory requirements governing the sale of Federal personal property?</SUBJECT>
                <P>Yes, in addition to Title 40 of the U.S. Code the sale of Federal personal property is governed by other statutory requirements, such as the Debt Collection Improvement Act of 1996 (Public Law 104-134, sec. 31001, 110 Stat. 1321-358) and antitrust requirements that are discussed in § 102-38.325.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Antitrust Requirements</HD>
                <SECTION>
                  <SECTNO>§ 102-38.325</SECTNO>
                  <SUBJECT>What are the requirements pertaining to antitrust laws?</SUBJECT>
                  <P>When the sale of personal property has an estimated fair market value of $3 million or more or if the sale involves a patent, process, technique, or invention, you must notify the Attorney General of the Department of Justice (DOJ) and get DOJ's opinion as to whether the sale would give the buyer an unfair advantage in the marketplace and violate any antitrust laws. Include in the notification the description and location of the property, method of sale and proposed selling price, and information on the proposed purchaser and intended use of the property. You must not complete the sale until you have received confirmation from the Attorney General that the proposed transaction would not violate any antitrust laws.</P>
                  <CITA>[68 FR 51421, Aug. 26, 2003; 68 FR 53219, Sept. 9, 2003]</CITA>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart F—Reporting Requirements</HD>
              <SECTION>
                <SECTNO>§ 102-38.330</SECTNO>
                <SUBJECT>Are there any reports that we must submit to the General Services Administration?</SUBJECT>
                <P>Yes, there are two sales reports you must submit to the General Services Administration (GSA), Personal Property Management Policy Division (MTP), 1800 F Street, NW., Washington, DC 20405—</P>
                <P>(a) <E T="03">Negotiated sales report.</E> Within 60 calendar days after the close of each fiscal year, you must provide GSA with a listing and description of all negotiated sales with an estimated fair market value in excess of $5,000 (<E T="03">see</E> § 102-38.115). For each negotiated sale that meets this criterion, provide the following:</P>
                <P>(1) Description of the property (including quantity and condition).</P>
                <P>(2) Acquisition cost and date (if not known, estimate and so indicate).</P>
                <P>(3) Estimated fair market value (including date of estimate and name of estimator).</P>
                <P>(4) Name and address of purchaser.</P>
                <P>(5) Date of sale.</P>
                <P>(6) Gross and net sales proceeds.</P>
                <P>(7) Justification for conducting a negotiated sale.</P>
                <P>(b) <E T="03">Exchange/sale report.</E> Within 90 calendar days after the close of each fiscal year, you must provide a summary report to GSA of transactions conducted under the exchange/sale authority under part 102-39 of this subchapter B (<E T="03">see</E> § 102-39.75).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-38.335</SECTNO>
                <SUBJECT>Is there any additional personal property sales information that we must submit to the General Services Administration?</SUBJECT>
                <P>Yes, you must report to the General Services Administration's (GSA's) Asset Disposition Management System (ADMS), once that capability is established, any sales information that GSA deems necessary.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart G—Provisions for State and Local Governments</HD>
              <SECTION>
                <SECTNO>§ 102-38.340</SECTNO>
                <SUBJECT>How may we sell personal property to State and local governments?</SUBJECT>
                <P>You may sell Government personal property to State and local governments through—</P>
                <P>(a) Competitive sale to the public;</P>
                <P>(b) Negotiated sale, through the appropriate State Agency for Surplus Property (SASP); or</P>
                <P>(c) Negotiated sale at fixed price (fixed price sale), through the appropriate SASP. (This method of sale can be used prior to a competitive sale to the public, if desired.)</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="152"/>
                <SECTNO>§ 102-38.345</SECTNO>
                <SUBJECT>Do we have to withdraw personal property advertised for public sale if a State Agency for Surplus Property wants to buy it?</SUBJECT>
                <P>No, you are not required to withdraw the item from public sale if the property has been advertised.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-38.350</SECTNO>
                <SUBJECT>Are there special provisions for State and local governments regarding negotiated sales?</SUBJECT>
                <P>Yes, you must waive the requirement for bid deposits and payment prior to removal of the property. However, payment must be made within 30 calendar days after purchase. If payment is not made within 30 days, you may charge simple interest at the rate established by the Secretary of the Treasury as provided in section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611), from the date of written demand for payment.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-38.355</SECTNO>
                <SUBJECT>Do the regulations of this part apply to State Agencies for Surplus Property (SASPs) when conducting sales?</SUBJECT>
                <P>Yes, State Agencies for Surplus Property (SASPs) must follow the regulations in this part when conducting sales on behalf of the General Services Administration of Government personal property in their custody.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>PT. 102-39</EAR>
            <HD SOURCE="HED">PART 102-39—REPLACEMENT OF PERSONAL PROPERTY PURSUANT TO THE EXCHANGE/SALE AUTHORITY</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—General</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-39.5</SECTNO>
                <SUBJECT>How are the terms “I” and “you” used in this part?</SUBJECT>
                <SECTNO>102-39.10</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <SECTNO>102-39.15</SECTNO>
                <SUBJECT>Why should I use the exchange/sale authority?</SUBJECT>
                <SECTNO>102-39.20</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
                <SECTNO>102-39.25</SECTNO>
                <SUBJECT>How do I request a deviation from this part?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Exchange/Sale Considerations</HD>
                <SECTNO>102-39.30</SECTNO>
                <SUBJECT>When should I not use the exchange/sale authority?</SUBJECT>
                <SECTNO>102-39.35</SECTNO>
                <SUBJECT>How do I determine whether to do an exchange or a sale?</SUBJECT>
                <SECTNO>102-39.40</SECTNO>
                <SUBJECT>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?</SUBJECT>
                <SECTNO>102-39.45</SECTNO>
                <SUBJECT>What prohibitions apply to the exchange/sale of personal property?</SUBJECT>
                <SECTNO>102-39.50</SECTNO>
                <SUBJECT>What conditions apply to the exchange/sale of personal property?</SUBJECT>
                <SECTNO>102-39.55</SECTNO>
                <SUBJECT>What exceptions apply to the conditions for exchange/sale in § 102-39.50?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Exchange/Sale Methods and Reports</HD>
                <SECTNO>102-39.60</SECTNO>
                <SUBJECT>What are the exchange methods?</SUBJECT>
                <SECTNO>102-39.65</SECTNO>
                <SUBJECT>What are the sales methods?</SUBJECT>
                <SECTNO>102-39.70</SECTNO>
                <SUBJECT>What are the accounting requirements for the proceeds of sale?</SUBJECT>
                <SECTNO>102-39.75</SECTNO>
                <SUBJECT>What information am I required to report?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 48614, Sept. 21, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General</HD>
              <SECTION>
                <SECTNO>§ 102-39.5</SECTNO>
                <SUBJECT>How are the terms “I” and “you” used in this part?</SUBJECT>
                <P>Use of pronouns “I” and “you” throughout this part refer to executive agencies.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-39.10</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <P>This part covers the exchange/sale authority, and applies to all personal property owned by executive agencies worldwide. For the exchange/sale of aircraft parts and hazardous materials, you must meet the requirements in this part and in parts 101-33 and 101-42 of this title.</P>
                <CITA>[66 FR 48614, Sept. 21, 2001, as amended at 69 FR 11539, Mar. 11, 2004]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-39.15</SECTNO>
                <SUBJECT>Why should I use the exchange/sale authority?</SUBJECT>
                <P>You should use the exchange/sale authority to:</P>

                <P>(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 <PRTPAGE P="153"/>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.</P>
                <P>(b) Avoid costs (<E T="03">e.g.,</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-39.20</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
                <P>The following definitions apply to this part:</P>
                <P>
                  <E T="03">Acquire</E> means to procure or otherwise obtain personal property, including by lease.</P>
                <P>
                  <E T="03">Combat material</E> means arms, ammunition, and implements of war listed in the U.S. munitions list (22 CFR part 121).</P>
                <P>
                  <E T="03">Exchange</E> means to replace personal property by trade or trade-in with the supplier of the replacement property.</P>
                <P>
                  <E T="03">Exchange/sale</E> 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.</P>
                <P>
                  <E T="03">Executive agency</E> means any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation.</P>
                <P>
                  <E T="03">Federal agency</E> means any executive agency or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his/her direction).</P>
                <P>
                  <E T="03">Historic item</E> 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.</P>
                <P>
                  <E T="03">Replacement</E> means the process of acquiring property to be used in place of property that is still needed but:</P>
                <P>(1) No longer adequately performs the tasks for which it is used; or</P>
                <P>(2) Does not meet the agency's need as well as the property to be acquired.</P>
                <P>
                  <E T="03">Similar</E> means where the acquired item and replaced item:</P>
                <P>(1) Are identical;</P>
                <P>(2) Are designed and constructed for the same purpose;</P>
                <P>(3) Constitute parts or containers for identical or similar end items; or</P>
                <P>(4) Fall within a single Federal Supply Classification (FSC) group of property that is eligible for handling under the exchange/sale authority.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-39.25</SECTNO>
                <SUBJECT>How do I request a deviation from this part?</SUBJECT>
                <P>See §§ 102-2.60 through 102-2.110 of this chapter to request a deviation from the requirements of this part.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Exchange/Sale Considerations</HD>
              <SECTION>
                <SECTNO>§ 102-39.30</SECTNO>
                <SUBJECT>When should I not use the exchange/sale authority?</SUBJECT>
                <P>You should not use the exchange/sale authority if the exchange allowance or estimated sales proceeds for the property will be unreasonably low. You must either abandon or destroy such property, or declare the property excess, in accordance with part 102-36 of this chapter. Further, you must not use the exchange/sale authority if the transaction(s) would violate any other applicable statute or regulation.</P>
                <CITA>[66 FR 48614, Sept. 21, 2001, as amended at 69 FR 11539, Mar. 11, 2004]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-39.35</SECTNO>
                <SUBJECT>How do I determine whether to do an exchange or a sale?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="154"/>
                <SECTNO>§ 102-39.40</SECTNO>
                <SUBJECT>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?</SUBJECT>
                <P>If you have property to replace which is eligible for exchange/sale, you should first, to the maximum extent practicable, solicit:</P>
                <P>(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:</P>
                <P>(1) Do so under terms mutually agreeable to you and the recipient.</P>
                <P>(2) Not require reimbursement of an amount greater than the estimated fair market value of the transferred property.</P>
                <P>(3) Apply the transfer proceeds in whole or part payment for property acquired to replace the transferred property; and</P>
                <P>(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 § 102-38.125 of this title. The sales proceeds must be applied in whole or part payment for property acquired to replace the transferred property.</P>
                <CITA>[66 FR 48614, Sept. 21, 2001, as amended at 69 FR 11539, Mar. 11, 2004]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-39.45</SECTNO>
                <SUBJECT>What prohibitions apply to the exchange/sale of personal property?</SUBJECT>
                <P>You must not use the exchange/sale authority for:</P>
                <P>(a) The following FSC groups of personal property:
                </P>
                <EXTRACT>
                  <P>10Weapons.</P>
                  <P>11Nuclear ordnance.</P>
                  <P>12Fire control equipment.</P>
                  <P>14Guided missiles.</P>
                  <P>15Aircraft and airframe structural components (except FSC Class 1560 Airframe Structural Components).</P>
                  <P>42Firefighting, rescue, and safety equipment.</P>
                  <P>44Nuclear reactors (FSC Class 4472 only).</P>
                  <P>51Hand tools.</P>
                  <P>54Prefabricated structure and scaffolding.</P>
                  <P>68Chemicals and chemical products, except medicinal chemicals.</P>
                  <P>84Clothing, individual equipment, and insignia.</P>
                </EXTRACT>
                
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-39.45(a):</HD>
                  <P>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.</P>
                </NOTE>
                
                <P>(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).</P>
                <P>(c) Nuclear Regulatory Commission-controlled materials unless you meet the requirements of § 101-42.1102-4 of this title.</P>
                <P>(d) Controlled substances, unless you meet the requirements of § 101-42.1102-3 of this title.</P>
                <P>(e) Scrap materials, except in the case of scrap gold for fine gold.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(h) Combat material without demilitarizing it or obtaining a demilitarization waiver or other necessary clearances from the Department of Defense Demilitarization Office.</P>

                <P>(i) Flight Safety Critical Aircraft Parts unless you meet the provisions of § 102-33.370 of this title.<PRTPAGE P="155"/>
                </P>
                <P>(j) Acquisition of unauthorized replacement property.</P>
                <P>(k) Acquisition of replacement property that violates any:</P>
                <P>(1) Restriction on procurement of a commodity or commodities;</P>
                <P>(2) Replacement policy or standard prescribed by the President, the Congress, or the Administrator of General Services; or</P>
                <P>(3) Contractual obligation.</P>
                <P>(l) Vessels subject to 40 U.S.C. 484(i).</P>
                <CITA>[66 FR 48614, Sept. 21, 2001; 66 FR 51095, Oct. 5, 2001, as amended at 69 FR 11539, Mar. 11, 2004]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-39.50</SECTNO>
                <SUBJECT>What conditions apply to the exchange/sale of personal property?</SUBJECT>
                <P>You may use the exchange/sale authority only if you meet all of the following conditions:</P>
                <P>(a) The property exchanged or sold is similar to the property acquired;</P>
                <P>(b) The property exchanged or sold is not excess or surplus, and you have a continuing need for that type of property;</P>
                <P>(c) The number of items acquired must equal the number of items exchanged or sold unless:</P>
                <P>(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</P>
                <P>(2) The item(s) acquired and the item(s) exchanged or sold meet the test for similarity specified in § 102-39.20 that they are a part(s) or container(s) for identical or similar end items;</P>
                <P>(d) The property exchanged or sold was not acquired for the principal purpose of exchange or sale; and</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-39.55</SECTNO>
                <SUBJECT>What exceptions apply to the conditions for exchange/sale in § 102-39.50?</SUBJECT>
                <P>The exceptions that apply to the conditions for exchange/sale § 102-39.50 are:</P>
                <P>(a) You may exchange books and periodicals in your libraries for other books and periodicals, without monetary appraisal or detailed listing or reporting.</P>
                <P>(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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Exchange/Sale Methods and Reports</HD>
              <SECTION>
                <SECTNO>§ 102-39.60</SECTNO>
                <SUBJECT>What are the exchange methods?</SUBJECT>
                <P>Exchange of property may be accomplished by either of the following methods:</P>
                <P>(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.</P>
                <P>(b) The supplier delivers the replacement property to one of your organizational units and removes the property being replaced from a different organizational unit.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-39.65</SECTNO>
                <SUBJECT>What are the sales methods?</SUBJECT>
                <P>(a) You must use the methods, terms, and conditions of sale, and the forms prescribed in part 102-38 of this title, in the sale of property being replaced, except for the provisions of §§ 102-38.100 through 102-38.115 of this title regarding negotiated sales. Section 3709, Revised Statutes (41 U.S.C. 5), specifies the following conditions under which property being replaced can be sold by negotiation, subject to obtaining such competition as is feasible:</P>
                <P>(1) The reasonable value involved in the contract does not exceed $500; or</P>
                <P>(2) Otherwise authorized by law.</P>

                <P>(b) You may sell property being replaced by negotiation at fixed prices in <PRTPAGE P="156"/>accordance with the provisions of § 102-38.120 and 102-38.125 of this title.</P>
                <CITA>[66 FR 48614, Sept. 21, 2001, as amended at 69 FR 11539, Mar. 11, 2004]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-39.70</SECTNO>
                <SUBJECT>What are the accounting requirements for the proceeds of sale?</SUBJECT>
                <P>You must account for sales proceeds in accordance with the general finance 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-39.75</SECTNO>
                <SUBJECT>What information am I required to report?</SUBJECT>
                <P>(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:</P>
                <P>(1) A list by Federal Supply Classification Group of property sold under this part showing the:</P>
                <P>(i) Number of items sold;</P>
                <P>(ii) Acquisition cost; and</P>
                <P>(iii) Net proceeds.</P>
                <P>(2) A list by Federal Supply Classification Group of property exchanged under this part showing the:</P>
                <P>(i) Number of items exchanged;</P>
                <P>(ii) Acquisition cost; and</P>
                <P>(iii) Exchange allowance.</P>
                <P>(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.</P>
                <P>(c) Report control number: 1528-GSA-AN.</P>
                <P>(d) If you make no transactions under this part during a fiscal year, you must submit a report stating that no transactions occurred.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PARTS 102-40—102-41 [RESERVED]</RESERVED>
          </PART>
          <PART>
            <HD SOURCE="HED">PART 102-42—UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS AND DECORATIONS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—General Provisions</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-42.5</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Definitions</HD>
                  <SECTNO>102-42.10</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Care, Handling and Disposition</HD>
                  <SECTNO>102-42.15</SECTNO>
                  <SUBJECT>Under what circumstances may an employee retain a foreign gift or decoration?</SUBJECT>
                  <SECTNO>102-42.20</SECTNO>
                  <SUBJECT>What is the typical disposition process for gifts and decorations that employees are not authorized to retain?</SUBJECT>
                  <SECTNO>102-42.25</SECTNO>
                  <SUBJECT>Who retains custody of gifts and decorations pending disposal?</SUBJECT>
                  <SECTNO>102-42.30</SECTNO>
                  <SUBJECT>Who is responsible for the security, care and handling, and delivery of gifts and decorations to GSA, and all costs associated with such functions?</SUBJECT>
                  <SECTNO>102-42.35</SECTNO>
                  <SUBJECT>Can the employing agency be reimbursed for transfers of gifts and decorations?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Appraisals</HD>
                  <SECTNO>102-42.40</SECTNO>
                  <SUBJECT>When is a commercial appraisal necessary?</SUBJECT>
                  <SECTNO>102-42.45</SECTNO>
                  <SUBJECT>Who obtains a commercial appraisal?</SUBJECT>
                  <SECTNO>102-42.50</SECTNO>
                  <SUBJECT>Is there a special format for a commercial appraisal?</SUBJECT>
                  <SECTNO>102-42.55</SECTNO>
                  <SUBJECT>What does the employing agency do with the appraisal?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Special Disposals</HD>
                  <SECTNO>102-42.60</SECTNO>
                  <SUBJECT>Who is responsible for gifts and decorations received by Senators and Senate employees?</SUBJECT>
                  <SECTNO>102-42.65</SECTNO>
                  <SUBJECT>What happens if the Commission on Art and Antiquities does not dispose of a gift or decoration?</SUBJECT>
                  <SECTNO>102-42.70</SECTNO>
                  <SUBJECT>Who handles gifts and decorations received by the President or a member of the President's family?</SUBJECT>
                  <SECTNO>102-42.75</SECTNO>
                  <SUBJECT>How are gifts containing hazardous materials handled?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Utilization of Foreign Gifts and Decorations</HD>
                <SECTNO>102-42.80</SECTNO>
                <SUBJECT>To whom do “we”, “you”, and their variants refer?</SUBJECT>
                <SECTNO>102-42.85</SECTNO>
                <SUBJECT>What gifts or decorations must we report to GSA?</SUBJECT>
                <SECTNO>102-42.90</SECTNO>

                <SUBJECT>What is the requirement for reporting gifts or decorations that were retained for official use but are no longer needed?<PRTPAGE P="157"/>
                </SUBJECT>
                <SECTNO>102-42.95</SECTNO>
                <SUBJECT>How do we report gifts and decorations as excess personal property?</SUBJECT>
                <SECTNO>102-42.100</SECTNO>
                <SUBJECT>How can we obtain an excess gift or decoration from another agency?</SUBJECT>
                <SECTNO>102-42.105</SECTNO>
                <SUBJECT>What special information must be included on the transfer request (SF 122)?</SUBJECT>
                <SECTNO>102-42.110</SECTNO>
                <SUBJECT>How must we justify a transfer request?</SUBJECT>
                <SECTNO>102-42.115</SECTNO>
                <SUBJECT>What must we do when the transferred gifts and decorations are no longer required for official use?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Donation of Foreign Gifts and Decorations</HD>
                <SECTNO>102-42.120</SECTNO>
                <SUBJECT>When may gifts or decorations be donated to State agencies?</SUBJECT>
                <SECTNO>102-42.125</SECTNO>
                <SUBJECT>How is donation of gifts or decorations accomplished?</SUBJECT>
                <SECTNO>102-42.130</SECTNO>
                <SUBJECT>Are there special requirements for the donation of gifts and decorations?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Sale or Destruction of Foreign Gifts and Decorations</HD>
                <SECTNO>102-42.135</SECTNO>
                <SUBJECT>Whose approval must be obtained before a foreign gift or decoration is offered for public sale?</SUBJECT>
                <SECTNO>102-42.140</SECTNO>
                <SUBJECT>How is a sale of a foreign gift or decoration to an employee conducted?</SUBJECT>
                <SECTNO>102-42.145</SECTNO>
                <SUBJECT>When is public sale of a foreign gift or decoration authorized?</SUBJECT>
                <SECTNO>102-42.150</SECTNO>
                <SUBJECT>What happens to proceeds from sales?</SUBJECT>
                <SECTNO>102-42.155</SECTNO>
                <SUBJECT>Can foreign gifts or decorations be destroyed?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); sec. 515, 91 Stat. 862 (5 U.S.C. 7342).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>65 FR 45539, July 24, 2000, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General Provisions</HD>
              <SECTION>
                <SECTNO>§ 102-42.5</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <P>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 § 102-36.405.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Definitions</HD>
                <SECTION>
                  <SECTNO>§ 102-42.10</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                  <P>The following definitions apply to this part:</P>
                  <P>
                    <E T="03">Decoration</E> means an order, device, medal, badge, insignia, emblem, or award offered by or received from a foreign government.</P>
                  <P>
                    <E T="03">Employee means:</E>
                  </P>
                  <P>(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;</P>
                  <P>(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;</P>
                  <P>(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;</P>
                  <P>(4) A member of a uniformed service as specified in 10 U.S.C 101;</P>
                  <P>(5) The President and the Vice President;</P>
                  <P>(6) A Member of Congress as defined by 5 U.S.C. 2106 (except the Vice President) and any Delegate to the Congress; and</P>

                  <P>(7) The spouse of an individual described in paragraphs (1) through (6) of this definition of <E T="03">employee</E> (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 <E T="03">employee.</E>
                  </P>
                  <P>
                    <E T="03">Employing agency</E> means:</P>
                  <P>(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;</P>
                  <P>(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 5U.S.C. 7342(c)(2)(A), (e)(1), and (g)(2)(B) must be carried out by the Clerk of the House;</P>

                  <P>(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. <PRTPAGE P="158"/>7342(c)(2), (d), and (g)(2)(B) must be carried out by the Secretary of the Senate; and</P>
                  <P>(4) The Administrative Offices of the United States Courts, for judges and judicial branch employees.</P>
                  <P>
                    <E T="03">Foreign government</E> means:</P>
                  <P>(1) Any unit of foreign government, including any national, State, local, and municipal government and their foreign equivalents;</P>
                  <P>(2) Any international or multinational organization whose membership is composed of any unit of a foreign government; and</P>
                  <P>(3) Any agent or representative of any such foreign government unit or organization while acting as such.</P>
                  <P>
                    <E T="03">Gift</E> 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.</P>
                  <P>
                    <E T="03">Minimal value</E> means a retail value in the United States at the time of acceptance of $85 or less, except that:</P>
                  <P>(1) GSA will adjust the definition of <E T="03">minimal value</E> 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</P>

                  <P>(2) Regulations of an employing agency may define <E T="03">minimal value</E> for its employees to be less, but not more than, the value provided under this definition.</P>
                  <CITA>[65 FR 45539, July 24, 2000, as amended at 68 FR 56496, Sept. 4, 2002]</CITA>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Care, Handling and Disposition</HD>
                <SECTION>
                  <SECTNO>§ 102-42.15</SECTNO>
                  <SUBJECT>Under what circumstances may an employee retain a foreign gift or decoration?</SUBJECT>
                  <P>Employees, with the approval of their employing agencies, may accept and retain:</P>
                  <P>(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.</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.20 </SECTNO>
                  <SUBJECT>What is the typical disposition process for gifts and decorations that employees are not authorized to retain?</SUBJECT>
                  <P>(a) <E T="03">Non-monetary gifts or decorations.</E> When an employee receives a non-monetary gift above the minimal value or a decoration that he/she is not authorized to retain:</P>
                  <P>(1) The employee must report the gift or decoration to his/her employing agency within 60 days after accepting it.</P>
                  <P>(2) The employing agency determines if it will keep the gift or decoration for official use.</P>
                  <P>(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 § 102-42.95.</P>
                  <P>(4) If GSA does not transfer the gift or decoration during</P>
                  <P>Federal utilization screening, the employee may purchase the gift or decoration (see § 102-42.140).</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(b) <E T="03">Monetary gifts.</E> When an employee receives a monetary gift above the minimal value:</P>
                  <P>(1) The employee must report the gift to his/her employing agency within 60 days after accepting it.</P>
                  <P>(2) The employing agency must:</P>

                  <P>(i) Report a monetary gift with possible historic or numismatic (i.e., collectible) value to GSA; or<PRTPAGE P="159"/>
                  </P>
                  <P>(ii) Deposit a monetary gift that has no historic or numismatic value with the Department of the Treasury.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.25</SECTNO>
                  <SUBJECT>Who retains custody of gifts and decorations pending disposal?</SUBJECT>
                  <P>(a) The employing agency retains custody of gifts and decorations that employees have expressed an interest in purchasing.</P>

                  <P>(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.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-42.25(b):</HD>
                    <P>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.</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.30</SECTNO>
                  <SUBJECT>Who is responsible for the security, care and handling, and delivery of gifts and decorations to GSA, and all costs associated with such functions?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.35</SECTNO>
                  <SUBJECT>Can the employing agency be reimbursed for transfers of gifts and decorations?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Appraisals</HD>
                <SECTION>
                  <SECTNO>§ 102-42.40</SECTNO>
                  <SUBJECT>When is a commercial appraisal necessary?</SUBJECT>
                  <P>(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.</P>
                  <P>(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.45</SECTNO>
                  <SUBJECT>Who obtains a commercial appraisal?</SUBJECT>
                  <P>The employing agency obtains a commercial appraisal.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.50</SECTNO>
                  <SUBJECT>Is there a special format for a commercial appraisal?</SUBJECT>
                  <P>There is no special format for a commercial appraisal, but it must be:</P>
                  <P>(a) On official company letterhead;</P>
                  <P>(b) Prepared in the United States;</P>
                  <P>(c) Dated; and</P>
                  <P>(d) Expressed in U.S. dollars.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.55</SECTNO>
                  <SUBJECT>What does the employing agency do with the appraisal?</SUBJECT>
                  <P>The employing agency must attach the commercial appraisal to a Standard Form (SF) 120, Report of Excess Personal Property.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Special Disposals</HD>
                <SECTION>
                  <SECTNO>§ 102-42.60</SECTNO>
                  <SUBJECT>Who is responsible for gifts and decorations received by Senators and Senate employees?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.65</SECTNO>
                  <SUBJECT>What happens if the Commission on Art and Antiquities does not dispose of a gift or decoration?</SUBJECT>
                  <P>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:</P>
                  <P>(a) Request that GSA return the gift or decoration and dispose of it itself; or</P>
                  <P>(b) Continue to allow GSA to dispose of the gift or decoration in accordance with this part.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="160"/>
                  <SECTNO>§ 102-42.70</SECTNO>
                  <SUBJECT>Who handles gifts and decorations received by the President or a member of the President's family?</SUBJECT>
                  <P>The National Archives and Records Administration normally handles gifts and decorations received by the President or a member of the President's family.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.75</SECTNO>
                  <SUBJECT>How are gifts containing hazardous materials handled?</SUBJECT>
                  <P>Gifts containing hazardous materials are handled in accordance with the requirements and provisions of this part and part 101-42 of this title.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Utilization of Foreign Gifts and Decorations</HD>
              <SECTION>
                <SECTNO>§ 102-42.80</SECTNO>
                <SUBJECT>To whom do “we”, “you”, and their variants refer?</SUBJECT>
                <P>Use of pronouns “we”, “you”, and their variants throughout this subpart refers to the employing agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.85</SECTNO>
                <SUBJECT>What gifts or decorations must we report to GSA?</SUBJECT>
                <P>You must report to GSA gifts of more than minimal value, except for monetary gifts that have no historic or numismatic value (see § 102-42.20), or decorations the employee is not authorized to retain that are:</P>
                <P>(a) Not being retained for official use or have not been returned to the donor; or</P>
                <P>(b) Received by a Senator or a Senate employee and not disposed of by the Commission on Art and Antiquities of the United StatesSenate.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.90</SECTNO>
                <SUBJECT>What is the requirement for reporting gifts or decorations that were retained for official use but are no longer needed?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.95</SECTNO>
                <SUBJECT>How do we report gifts and decorations as excess personal property?</SUBJECT>
                <P>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:</P>
                <GPOTABLE CDEF="s50,r150" COLS="2" OPTS="L2,tp0,p9,8/9,g1,t1">
                  <BOXHD>
                    <CHED H="1">Entry</CHED>
                    <CHED H="1">Description</CHED>
                  </BOXHD>
                  <ROW RUL="s">
                    <ENT I="01">(a) Identity of Employee</ENT>
                    <ENT>Give the name and position of the employee.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(b) Description of Item</ENT>
                    <ENT>Give a full description of the gift or decoration, including the title of the decoration.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(c) Identity of Foreign Government</ENT>
                    <ENT>Give the identity of the foreign government (if known) and the name and position of the individual who presented the gift or decoration.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(d) Date of Acceptance</ENT>
                    <ENT>Give the date the gift or decoration was accepted by the employee.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(e) Appraised Value</ENT>
                    <ENT>Give the appraised value in United States dollars of the gift or decoration, including the cost of the appraisal. (The employingagency must obtain a commercial appraisal before the gift is offered for sale to the employee.)</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(f) Current Location of Item</ENT>
                    <ENT>Give the current location of the gift or decoration.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <PRTPAGE P="161"/>
                    <ENT I="01">(g) Employing Agency Contact Person</ENT>
                    <ENT>Give the name, address, and telephone number of the accountable official in the employing agency.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(h) Purchase Interest or Donation Recommendation</ENT>
                    <ENT>Indicate whether the employee wants 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.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(i) Administration</ENT>
                    <ENT>Give the Administration in which the gift or decoration was received (for example, Clinton Administration).</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">(j) Multiple Items</ENT>
                    <ENT>Identify each gift or decoration as a separate line item. Report multiple gift items that make up a set (for example, a tea set, anecklace and matching earrings) as a single line item.</ENT>
                  </ROW>
                </GPOTABLE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.100</SECTNO>
                <SUBJECT>How can we obtain an excess gift or decoration from another agency?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.105</SECTNO>
                <SUBJECT>What special information must be included on the SF 122?</SUBJECT>
                <P>Conspicuously mark the SF 122, “FOREIGN GIFTS AND/OR DECORATIONS”, and include all information furnished by the employing agency as specified in § 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.”</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.110</SECTNO>
                <SUBJECT>How must we justify a transfer request?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.115</SECTNO>
                <SUBJECT>What must we do when the transferred gifts and decorations are no longer required for official use?</SUBJECT>
                <P>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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Donation of Foreign Gifts and Decorations</HD>
              <SECTION>
                <SECTNO>§ 102-42.120</SECTNO>
                <SUBJECT>When may gifts or decorations be donated to State agencies?</SUBJECT>

                <P>If there is no Federal requirement for the gifts or decorations, and if gifts were not sold to the employee, GSA <PRTPAGE P="162"/>may make the gifts or decorations available for donation to State agencies under this subpart and part 101-44 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.125</SECTNO>
                <SUBJECT>How is donation of gifts or decorations accomplished?</SUBJECT>
                <P>The State Agencies for Surplus Property (SASP) must initiate the process on behalf of a prospective donee (e.g., units of State or local governments and eligible non-profit organizations) by:</P>
                <P>(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.”</P>
                <P>(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:</P>
                <P>(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;</P>
                <P>(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</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.130</SECTNO>
                <SUBJECT>Are there special requirements for the donation of gifts and decorations?</SUBJECT>
                <P>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:</P>
                <P>(a) The donee must display or use the gift or decoration in accordance with its GSA-approved letter of intent.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(d) During the period of restriction, the donee must not:</P>
                <P>(1) Sell, trade, lease, lend, bail, encumber, cannibalize or dismantle for parts, or otherwise dispose of the property;</P>
                <P>(2) Remove it permanently for use outside the State;</P>
                <P>(3) Transfer title to the gift or decoration directly or indirectly; or</P>
                <P>(4) Do or allow anything to be done that would contribute to the gift or decoration being seized, attached, lost, stolen, damaged, or destroyed.</P>
                <P>(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.</P>
                <P>(f) The donee must comply with all additional conditions covering the handling and use of any gift or decoration imposed by GSA.</P>

                <P>(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, <PRTPAGE P="163"/>handling, and reasonable insurance during transportation to be paid by the donee or as directed by the SASP.</P>
                <P>(h) If the gift or decoration is lost, stolen, or cannot legally be recovered or returned for any other reason, the donee must pay to the U.S. Government the fair market value of the gift or decoration at the time of its loss, theft, or at the time that it became unrecoverable as determined by GSA. If the gift or decoration is damaged or destroyed, the SASP may require the donee to:</P>
                <P>(1) Return the item and pay the difference between its former fair market value and its current fair market value; or</P>
                <P>(2) Pay the fair market value, as determined by GSA, of the item had it not been damaged or destroyed.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Sale or Destruction of Foreign Gifts and Decorations</HD>
              <SECTION>
                <SECTNO>§ 102-42.135</SECTNO>
                <SUBJECT>Whose approval must be obtained before a foreign gift or decoration is offered for public sale?</SUBJECT>
                <P>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).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.140</SECTNO>
                <SUBJECT>How is a sale of a foreign gift or decoration to an employee conducted?</SUBJECT>
                <P>Foreign gifts and decorations must be offered first through negotiated sales to the employee who has indicated an interest in purchasing the item. The sale price must be the commercially appraised value of the gift. Sales must be conducted and documented in accordance with part 101-45 of this title.</P>
                <CITA>[68 FR 56496, Sept. 4, 2003]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.145</SECTNO>
                <SUBJECT>When is public sale of a foreign gift or decoration authorized?</SUBJECT>
                <P>A public sale is authorized if a foreign gift or decoration:</P>
                <P>(a) Survives Federal utilization screening;</P>
                <P>(b) Is not purchased by the employee;</P>
                <P>(c) Survives donation screening; and</P>
                <P>(d) Is approved by the Secretary of State or designee.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.150</SECTNO>
                <SUBJECT>What happens to proceeds from sales?</SUBJECT>
                <P>The proceeds from the sale of foreign gifts or decorations must be deposited in the Treasury as miscellaneous receipts, unless otherwise authorized.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.155</SECTNO>
                <SUBJECT>Can foreign gifts or decorations be destroyed?</SUBJECT>
                <P>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.</P>
              </SECTION>
            </SUBPART>
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="P">
          <PRTPAGE P="164"/>
          <HD SOURCE="HED">SUBCHAPTER C—REAL PROPERTY</HD>
          <PART>
            <EAR>Pt. 102-71</EAR>
            <HD SOURCE="HED">PART 102-71—GENERAL</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-71.5</SECTNO>
              <SUBJECT>What are the scope and philosophy of the General Services Administration's (GSA) real property policies?</SUBJECT>
              <SECTNO>102-71.10</SECTNO>
              <SUBJECT>How are these policies organized?</SUBJECT>
              <SECTNO>102-71.15</SECTNO>
              <SUBJECT> [Reserved]</SUBJECT>
              <SECTNO>102-71.20</SECTNO>
              <SUBJECT>What definitions apply to GSA's real property policies?</SUBJECT>
              <SECTNO>102-71.25</SECTNO>
              <SUBJECT>Who must comply with GSA's real property policies?</SUBJECT>
              <SECTNO>102-71.30</SECTNO>
              <SUBJECT>How must these real property policies be implemented?</SUBJECT>
              <SECTNO>102-71.35</SECTNO>
              <SUBJECT>Are agencies allowed to deviate from GSA's real property policies?</SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-71.5</SECTNO>
              <SUBJECT>What are the scope and philosophy of the General Services Administration's (GSA) real property policies?</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-71.10</SECTNO>
              <SUBJECT>How are these policies organized?</SUBJECT>
              <P>GSA has divided its real property policies into the following functional areas:</P>
              <P>(a) Delegation of authority;</P>
              <P>(b) Real estate acquisition;</P>
              <P>(c) Facility management;</P>
              <P>(d) Real property disposal;</P>
              <P>(e) Design and construction;</P>
              <P>(f) Art-in-architecture;</P>
              <P>(g) Historic preservation;</P>
              <P>(h) Assignment and utilization of space;</P>
              <P>(i) Safety and environmental management;</P>
              <P>(j) Security; and</P>
              <P>(k) Utility services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-71.15</SECTNO>
              <RESERVED> [Reserved]</RESERVED>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-71.20</SECTNO>
              <SUBJECT>What definitions apply to GSA's real property policies?</SUBJECT>
              <P>The following definitions apply to GSA's real property policies:</P>
              <P>
                <E T="03">Act</E> means the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended.</P>
              <P>
                <E T="03">Airport</E> means any area of land or water that is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.</P>
              <P>
                <E T="03">Alteration</E> means remodeling, improving, extending, or making other changes to a facility, exclusive of maintenance repairs which are preventive in nature. The term includes planning, engineering, architectural work, and other similar actions.</P>
              <P>
                <E T="03">Blanket work authorization</E> means an open-end agreement with an agency with an agreed upon maximum dollar ceiling where there is an on-going account for processing small requests for reimbursable services. The need for the service is clearly recognized, but exactly when the service must be rendered during the fiscal year is unclear.</P>
              <P>
                <E T="03">Carpool</E> means a group of two or more people regularly using a motor vehicle for transportation to and from work on a continuing basis.</P>
              <P>
                <E T="03">Commercial activities,</E> within the meaning of subpart D, part 102-74 of this chapter, are activities undertaken for the primary purpose of producing a profit for the benefit of an individual or organization organized for profit. (Activities where commercial aspects are incidental to the primary purpose of expression of ideas or advocacy of causes are not <E T="03">commercial activities</E> for purposes of this part.)</P>
              <P>
                <E T="03">Crime prevention assessment</E> is a formal, on-site review which consists of a detailed survey, review, and analysis of an occupant agency's vulnerability to <PRTPAGE P="165"/>criminal activity. In addition to the normal process of a physical security survey, it involves an intensive review of an occupant's and/or building's operation and administrative procedures. It is designed to identify specific weaknesses and to recommend cost-effective, positive steps to Federal managers in dealing with criminal threats and occurrences.</P>
              <P>
                <E T="03">Cultural activities</E> include, but are not limited to, films, dramatics dances, and musical presentations, and fine art exhibits, whether or not these activities are intended to make a profit.</P>
              <P>
                <E T="03">Decontamination</E> means the complete removal or destruction by flashing of explosive powders; the neutralizing and cleaning-out of acid and corrosive materials; the removal, destruction, or neutralizing of toxic, hazardous or infectious substances; and the complete removal and destruction by burning or detonation of live ammunition from contaminated areas and buildings.</P>
              <P>
                <E T="03">Designated Official</E> is the highest ranking official of the primary occupant agency of a Federal facility, or, alternatively, a designee selected by mutual agreement of occupant agency officials.</P>
              <P>
                <E T="03">Disposal agency</E> means the executive agency designated by the Administrator of General Services to dispose of surplus real or personal property.</P>
              <P>
                <E T="03">Educational activities</E> mean activities such as (but not limited to) the operation of schools, libraries, day care centers, laboratories, and lecture or demonstration facilities.</P>
              <P>
                <E T="03">Emergency</E> includes bombings and bomb threats, civil disturbances, fires, explosions, electrical failures, loss of water pressure, chemical and gas leaks, medical emergencies, hurricanes, tornadoes, floods, and earthquakes. The term does not apply to civil defense matters such as potential or actual enemy attacks, which are addressed by the Federal Emergency Management Agency.</P>
              <P>
                <E T="03">Executive</E> means a Government employee with management responsibilities who, in the judgment of the employing agency head or his/her designee, requires preferential assignment of parking privileges.</P>
              <P>
                <E T="03">Executive agency</E> means an executive department specified in section 101 of title 5; a military department specified in section 102 of such title; an independent establishment as defined in section 104(1) of such title; and a wholly owned Government corporation fully subject to the provisions of chapter 91 of title 31.</P>
              <P>
                <E T="03">Federal agency</E> means any executive agency or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his or her direction).</P>
              <P>
                <E T="03">Federal agency buildings manager</E> means the buildings manager employed by GSA or a Federal agency that has been delegated real property management and operation authority from GSA.</P>
              <P>
                <E T="03">Federal Government real property services provider</E> 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.</P>
              <P>
                <E T="03">Flame-resistant</E> means meeting performance standards as described by the National Fire Protection Association (NFPA Standard No. 701). Fabrics labeled with the Underwriters Laboratories Inc., classification marking for flammability are deemed to be flame resistant for purposes of this part.</P>
              <P>
                <E T="03">Foot-candle</E> is the illumination on a surface one square foot in area on which there is a uniformly distributed flux of one lumen, or the illuminance produced on a surface all points of which are at a distance of one foot from a directionally uniform point source of one candela.</P>
              <P>
                <E T="03">GSA</E> means the General Services Administration, acting by or through the Administrator of General Services, or a designated official to whom functions under this part have been delegated by the Administrator of General Services.</P>
              <P>
                <E T="03">Handicapped employee</E> means an employee who has a severe, permanent <PRTPAGE P="166"/>impairment which for all practical purposes precludes the use of public transportation, or an employee who is unable to operate a car as a result of permanent impairment who is driven to work by another. Priority may require certification by an agency medical unit, including the Department of Veterans Affairs or the Public Health Service.</P>
              <P>
                <E T="03">Highest and best use</E> means the most likely use to which a property can be put, which will produce the highest monetary return from the property, promote its maximum value, or serve a public or institutional purpose. The highest and best use determination must be based on the property's economic potential, qualitative values (social and environmental) inherent in the property itself, and other utilization factors controlling or directly affecting land use (<E T="03">e.g.</E> zoning, physical characteristics, private and public uses in the vicinity, neighboring improvements, utility services, access, roads, location, and environmental and historical considerations). Projected highest and best use should not be remote, speculative, or conjectural.</P>
              <P>
                <E T="03">Landholding agency</E> means the Federal agency that has accountability for the property involved. For the purposes of this definition, accountability means that the Federal agency reports the real property on its financial statements and inventory records.</P>
              <P>
                <E T="03">Indefinite quantity contract</E> (commonly referred to as <E T="03">term contract</E>) provides for the furnishing of an indefinite quantity, within stated limits, of specific property or services during a specified contract period, with deliveries to be scheduled by the timely placement of orders with the contractor by activities designated either specifically or by class.</P>
              <P>
                <E T="03">Industrial property</E> means any real property and related personal property that has been used or which is suitable to be used for manufacturing, fabricating, or processing of products; mining operations; construction or repair of ships and other waterborne carriers; power transmission facilities; railroad facilities; and pipeline facilities for transporting petroleum or gas.</P>
              <P>
                <E T="03">Landing area</E> means any land or combination of water and land, together with improvements thereon and necessary operational equipment used in connection therewith, which is used for landing, takeoff, and parking of aircraft. The term includes, but is not limited to, runways, strips, taxiways, and parking aprons.</P>
              <P>
                <E T="03">Life cycle cost</E> is the total cost of owning, operating, and maintaining a building over its useful life, including its fuel and energy costs, determined on the basis of a systematic evaluation and comparison of alternative building systems; except that in the case of leased buildings, the life cycle cost shall be calculated over the effective remaining term of the lease.</P>
              <P>
                <E T="03">Limited combustible</E> means rigid materials or assemblies which have fire hazard ratings not exceeding 25 for flame spread and 150 for smoke development when tested in accordance with the American Society for Testing and Materials, Test E 84, Surface Burning Characteristics of Building Materials.</P>
              <P>
                <E T="03">Maintenance,</E> for the purposes of part 102-75, entitled “Real Property Disposal,” of this chapter, means the upkeep of property only to the extent necessary to offset serious deterioration; also such operation of utilities, including water supply and sewerage systems, heating, plumbing, and air-conditioning equipment, as may be necessary for fire protection, the needs of interim tenants, and personnel employed at the site, and the requirements for preserving certain types of equipment. For the purposes of part 102-74, entitled “Facility Management,” of this chapter, <E T="03">maintenance</E> means preservation by inspection, adjustment, lubrication, cleaning, and the making of minor repairs. <E T="03">Ordinary maintenance</E> means routine recurring work which is incidental to everyday operations; <E T="03">preventive maintenance</E> means work programmed at scheduled intervals.</P>
              <P>
                <E T="03">Management</E> means the safeguarding of the Government's interest in property, in an efficient and economical manner consistent with the best business practices.</P>
              <P>
                <E T="03">Nationally recognized standards</E> encompasses any standard or modification thereof which:<PRTPAGE P="167"/>
              </P>
              <P>(1) Has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby those interested and affected by it have reached substantial agreement on its adoption, or</P>
              <P>(2) Was formulated through consultation by appropriate Federal agencies in a manner which afforded an opportunity for diverse views to be considered.</P>
              <P>
                <E T="03">No commercial value</E> means real property, including related personal property, which has no reasonable prospect of producing any disposal revenues.</P>
              <P>
                <E T="03">Nonprofit organization</E> means an organization identified in 26 U.S.C. 501(c).</P>
              <P>
                <E T="03">Normally furnished commercially</E> means consistent with the level of services provided by a commercial building operator for space of comparable quality and housing tenants with comparable requirements. Service levels are based on the effort required to service space for a five-day week, one eight-hour shift schedule.</P>
              <P>
                <E T="03">Occupant agency</E> means an organization that is assigned space in a facility under GSA's custody and control through the formal procedures outlined in part 101-17 of the Federal Property Management Regulations.</P>
              <P>
                <E T="03">Occupancy Emergency Organization</E> means the emergency response organization comprised of employees of Federal agencies designated to perform the requirements established by the Occupant Emergency Plan.</P>
              <P>
                <E T="03">Occupant Emergency Plan</E> means procedures developed to protect life and property in a specific federally-occupied space under stipulated emergency conditions.</P>
              <P>
                <E T="03">Occupant Emergency Program</E> means a short-term emergency response program. It establishes procedures for safeguarding lives and property during emergencies in particular facilities.</P>
              <P>
                <E T="03">Postal vehicle</E> means a Government-owned vehicle used for the transportation of mail, or a privately owned vehicle used under contract with the U.S. Postal Service for the transportation of mail.</P>
              <P>
                <E T="03">Protection</E> means the provisions of adequate measures for prevention and extinguishment of fires, special inspections to determine and eliminate fire and other hazards, and necessary guards to protect property against thievery, vandalism, and unauthorized entry.</P>
              <P>
                <E T="03">Public area</E> means any area of a building under the control and custody of GSA which is ordinarily open to members of the public, including lobbies, courtyards, auditoriums, meeting rooms, and other such areas not assigned to a lessee or occupant agency.</P>
              <P>
                <E T="03">Public body</E> means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any political subdivision, agency, or instrumentality of the foregoing.</P>
              <P>
                <E T="03">Public building</E> means:</P>
              <P>(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.</P>
              <P>(2) <E T="03">Public building</E> does not include buildings:</P>
              <P>(i) On the public domain.</P>
              <P>(ii) In foreign countries.</P>
              <P>(iii) On Indian and native Eskimo properties held in trust by the United States.</P>
              <P>(iv) On lands used in connection with Federal programs for agricultural, recreational, and conservation purposes.</P>
              <P>(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.</P>
              <P>(vi) On or used in connection with housing and residential projects.</P>
              <P>(vii) On military installations.</P>
              <P>(viii) On Department of Veterans Affairs installations used for hospital or domiciliary purposes.</P>
              <P>(ix) Excluded by the President.</P>
              <P>
                <E T="03">Real property</E> means:</P>

              <P>(1) Any interest in land, together with the improvements, structures, and fixtures located thereon (including prefabricated movable structures, such as Butler-type storage warehouses and <PRTPAGE P="168"/>quonset huts, and housetrailers with or without undercarriages), and appurtenances thereto, under the control of any Federal agency, except:</P>
              <P>(i) The public domain;</P>
              <P>(ii) Lands reserved or dedicated for national forest or national park purposes;</P>
              <P>(iii) Minerals in lands or portions of lands withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws;</P>
              <P>(iv) Lands withdrawn or reserved from the public domain but not including lands or portions of lands so withdrawn or reserved which the Secretary of the Interior, with the concurrence of the Administrator of General Services, determines are not suitable for return to the public domain for disposition under the general public land laws because such lands are substantially changed in character by improvements or otherwise; and</P>
              <P>(v) Crops when designated by such agency for disposition by severance and removal from the land.</P>
              <P>(2) Improvements of any kind, structures, and fixtures under the control of any Federal agency when designated by such agency for disposition without the underlying land (including such as may be located on the public domain, on lands withdrawn or reserved from the public domain, on lands reserved or dedicated for national forest or national park purposes, or on lands that are not owned by the United States) excluding, however, prefabricated movable structures, such as Butler-type storage warehouses and quonset huts, and housetrailers (with or without undercarriages).</P>
              <P>(3) Standing timber and embedded gravel, sand, or stone under the control of any Federal agency whether designated by such agency for disposition with the land or by severance and removal from the land, excluding timber felled, and gravel, sand, or stone excavated by or for the Government prior to disposition.</P>
              <P>
                <E T="03">Recognized labor organization</E> means a labor organization recognized under title VII of the Civil Service Reform Act of 1978 (Pub. L. 95-454) governing labor-management relations.</P>
              <P>
                <E T="03">Recreational activities</E> include, but are not limited to, the operations of gymnasiums and related facilities.</P>
              <P>
                <E T="03">Regional Officer,</E> within the meaning of part 102-74, subpart D of this chapter, means the Federal official designated to supervise the implementation of the Public Buildings Cooperative Use Act's occasional use provisions. The Federal official may be an employee of GSA or a Federal agency that has delegated authority from GSA to supervise the implementation of the Public Buildings Cooperative Use Act's occasional use provisions.</P>
              <P>
                <E T="03">Related personal property</E> means any personal property:</P>
              <P>(1) Which is an integral part of real property or is related to, designed for, or specially adapted to the functional or productive capacity of the real property and the removal of which would significantly diminish the economic value of the real property. Normally, common use items, including but not limited to general-purpose furniture, utensils, office machines, office supplies, or general-purpose vehicles, are not considered to be related personal property; or</P>
              <P>(2) Which is determined by the Administrator of General Services to be related to the real property.</P>
              <P>
                <E T="03">Repairs</E> means those additions or changes that are necessary for the protection and maintenance of property to deter or prevent excessive or rapid deterioration or obsolescence, and to restore property damaged by storm, flood, fire, accident, or earthquake.</P>
              <P>
                <E T="03">Ridesharing</E> means the sharing of the commute to and from work by two or more people, on a continuing basis, in any mode of transportation.</P>
              <P>
                <E T="03">Special space alterations</E> are those alterations required by occupant agencies that are beyond those standard alterations provided by GSA under the RENT system and are reimbursable from the requesting agency.</P>
              <P>
                <E T="03">State</E> means the fifty States, political subdivisions thereof, the District of Columbia, the Commonwealths of Puerto Rico and Guam, and the territories and possessions of the United States.</P>
              <P>
                <E T="03">Unit price agreement</E> provides for the furnishing of an indefinite quantity, within stated limits, of specific property or services at a specified price, <PRTPAGE P="169"/>during a specified contract period, with deliveries to be scheduled by the timely placement of orders upon the lessor by activities designated either specifically or by class.</P>
              <P>
                <E T="03">Unusual hours</E> means work hours that are frequently required to be varied and do not coincide with any regular work schedule. This category includes time worked by individuals who regularly or frequently work significantly more than 8 hours per day. <E T="03">Unusual hours</E> does not include time worked by shift workers, by those on alternate work schedules, and by those granted exceptions to the normal work schedule (<E T="03">e.g.,</E> flex-time).</P>
              <P>
                <E T="03">Upon approval from GSA</E> means when an agency either has a delegation of authority document from the Administrator of General Services or written approval from the Administrator or his/her designee before proceeding with a specified action.</P>
              <P>
                <E T="03">Vanpool</E> means a group of at least 8 persons using a passenger van or a commuter bus designed to carry 10 or more passengers. Such a vehicle must be used for transportation to and from work in a single daily round trip.</P>
              <P>
                <E T="03">Zonal allocations</E> means the allocation of parking spaces on the basis of zones established by GSA in conjunction with occupant agencies. In metropolitan areas where this method is used, all agencies located in a designated zone will compete for available parking in accordance with instructions issued by GSA. In establishing this procedure, GSA will consult with all affected agencies.</P>
              <CITA>[67 FR 76820, Dec. 13, 2002]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-71.25</SECTNO>
              <SUBJECT>Who must comply with GSA's real property policies?</SUBJECT>
              <P>Federal agencies operating under, or subject to, the authorities of the Administrator of General Services must comply with these policies.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-71.30</SECTNO>
              <SUBJECT>How must these real property policies be implemented?</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-71.35</SECTNO>
              <SUBJECT>Are agencies allowed to deviate from GSA's real property policies?</SUBJECT>
              <P>Yes, see § § 102-2.60 through 102-2.110 of this chapter to request a deviation from the requirements of these real property policies.</P>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 102-72</EAR>
            <HD SOURCE="HED">PART 102-72—DELEGATION OF AUTHORITY</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-72.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <SECTNO>102-72.10</SECTNO>
              <SUBJECT>What basic policy governs delegation of authority to Federal agencies?</SUBJECT>
              <SECTNO>102-72.15</SECTNO>
              <SUBJECT>What criteria must a delegation meet?</SUBJECT>
              <SECTNO>102-72.20</SECTNO>
              <SUBJECT>Are there limitations on this delegation of authority?</SUBJECT>
              <SECTNO>102-72.25</SECTNO>
              <SUBJECT>What are the different types of delegations of authority?</SUBJECT>
              <SECTNO>102-72.30</SECTNO>
              <SUBJECT>What are the different types of delegations related to real estate leasing?</SUBJECT>
              <SECTNO>102-72.35</SECTNO>
              <SUBJECT>What are the requirements for obtaining an ACO delegation from GSA?</SUBJECT>
              <SECTNO>102-72.40</SECTNO>
              <SUBJECT>What are facility management delegations?</SUBJECT>
              <SECTNO>102-72.45</SECTNO>
              <SUBJECT>What are the different types of delegations related to facility management?</SUBJECT>
              <SECTNO>102-72.50</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a delegation of real property management and operation authority from GSA?</SUBJECT>
              <SECTNO>102-72.55</SECTNO>
              <SUBJECT>What are the requirements for obtaining a delegation of real property management and operation authority from GSA?</SUBJECT>
              <SECTNO>102-72.60</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a delegation of individual repair and alteration project authority from GSA?</SUBJECT>
              <SECTNO>102-72.65</SECTNO>
              <SUBJECT>What are the requirements for obtaining a delegation of individual repair and alteration project authority from GSA?</SUBJECT>
              <SECTNO>102-72.70</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a delegation of lease management authority (contracting officer representative authority) from GSA?</SUBJECT>
              <SECTNO>102-72.75</SECTNO>
              <SUBJECT>What are the requirements for obtaining a delegation of lease management authority (contracting officer representative authority) from GSA?</SUBJECT>
              <SECTNO>102-72.80</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a disposal of real property delegation of authority from GSA?</SUBJECT>
              <SECTNO>102-72.85</SECTNO>

              <SUBJECT>What are the requirements for obtaining a disposal of real property delegation of authority from GSA?<PRTPAGE P="170"/>
              </SUBJECT>
              <SECTNO>102-72.90</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a security delegation of authority from GSA?</SUBJECT>
              <SECTNO>102-72.95</SECTNO>
              <SUBJECT>What are the requirements for obtaining a security delegation of authority from GSA?</SUBJECT>
              <SECTNO>102-72.100</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a utility service delegation of authority from GSA?</SUBJECT>
              <SECTNO>102-72.105</SECTNO>
              <SUBJECT>What are the requirements for obtaining a utility services delegation of authority from GSA?</SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c), (d) and (e).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-72.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.10</SECTNO>
              <SUBJECT>What basic policy governs delegation of authority to Federal agencies?</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.15</SECTNO>
              <SUBJECT>What criteria must a delegation meet?</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.20</SECTNO>
              <SUBJECT>Are there limitations on this delegation of authority?</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.25</SECTNO>
              <SUBJECT>What are the different types of delegations of authority?</SUBJECT>
              <P>The basic types of GSA Delegations of Authority are:</P>
              <P>(a) Delegation of Leasing Authority;</P>
              <P>(b) Delegation of Real Property Management and Operation Authority;</P>
              <P>(c) Delegation of Individual Repair and Alteration Project Authority;</P>
              <P>(d) Delegation of Lease Management Authority (Contracting Office Representative Authority);</P>
              <P>(e) Delegation of Administrative Contracting Officer (ACO) Authority;</P>
              <P>(f) Delegation of Real Property Disposal Authority;</P>
              <P>(g) Security Delegation of Authority; and</P>
              <P>(h) Utility Services Delegation of Authority.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.30</SECTNO>
              <SUBJECT>What are the different types of delegations related to real estate leasing?</SUBJECT>
              <P>Delegations related to real estate leasing include the following:</P>
              <P>(a) Categorical space delegations, Agency special purpose space delegations, and delegations to specific agencies for certain space and lands outside urban areas (see § 102-73.135 of this title).</P>
              <P>(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.</P>
              <P>(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.</P>
              <CITA>[66 FR 5359, Jan. 18, 2001, as amended at 67 FR 76823, Dec. 13, 2002]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.35</SECTNO>
              <SUBJECT>What are the requirements for obtaining an ACO delegation from GSA?</SUBJECT>

              <P>When Federal agencies don't exercise the delegation of authority for general <PRTPAGE P="171"/>purpose space mentioned in § 102-72.30(b), GSA may consider granting an ACO delegation when Federal agencies:</P>
              <P>(a) Occupy at least 90 percent of the building's GSA-controlled space or Federal agencies have the written concurrence of 100 percent of rent-paying occupants covered under the lease; and</P>
              <P>(b) Have the technical capability to perform the leasing function.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.40</SECTNO>
              <SUBJECT>What are facility management delegations?</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.45</SECTNO>
              <SUBJECT>What are the different types of delegations related to facility management?</SUBJECT>
              <P>The principal types of delegations involved in the management of facilities are:</P>
              <P>(a) Real property management and operation authority;</P>
              <P>(b) Individual repair and alteration project authority; and</P>
              <P>(c) Lease management authority (contracting officer representative authority).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.50</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a delegation of real property management and operation authority from GSA?</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.55</SECTNO>
              <SUBJECT>What are the requirements for obtaining a delegation of real property management and operation authority from GSA?</SUBJECT>
              <P>An Executive agency may be delegated real property management and operation authority when it:</P>
              <P>(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</P>
              <P>(b) Demonstrates that it can perform the delegated real property management and operation responsibilities.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.60</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a delegation of individual repair and alteration project authority from GSA?</SUBJECT>
              <P>With this delegation of authority, Executive agencies have the responsibility to perform individual repair and alterations projects. Executive agencies are delegated repair and alterations authority for reimbursable space alteration projects up to the simplified acquisition threshold, as specified in the GSA Customer Guide to Real Property.</P>
              <CITA>[66 FR 5359, Jan. 18, 2001, as amended at 67 FR 76823, Dec. 13, 2002]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.65</SECTNO>
              <SUBJECT>What are the requirements for obtaining a delegation of individual repair and alteration project authority from GSA?</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.70</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a delegation of lease management authority (contracting officer representative authority) from GSA?</SUBJECT>
              <P>When an Executive agency does not exercise the delegation of authority mentioned in § 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.75</SECTNO>
              <SUBJECT>What are the requirements for obtaining a delegation of lease management authority (contracting officer representative authority) from GSA?</SUBJECT>

              <P>An Executive agency may be delegated lease management authority when it:<PRTPAGE P="172"/>
              </P>
              <P>(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</P>
              <P>(b) Demonstrates the ability to perform the delegated lease management responsibilities.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.80</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a disposal of real property delegation of authority from GSA?</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.85</SECTNO>
              <SUBJECT>What are the requirements for obtaining a disposal of real property delegation of authority from GSA?</SUBJECT>
              <P>While disposal delegations to Executive agencies are infrequent, GSA may delegate authority to them based on situations involving certain low-value properties and when they can demonstrate that they have the technical expertise to perform the disposition functions. GSA may grant special delegations of authority to Executive agencies for the utilization and disposal of certain real property through the procedures set forth in part 102-75, subpart F of this chapter.</P>
              <CITA>[66 FR 5359, Jan. 18, 2001, as amended at 67 FR 76823, Dec. 13, 2002]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.90</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a security delegation of authority from GSA?</SUBJECT>
              <P>With a security delegation, Executive agencies have the authority and responsibility to protect persons and property at the locations identified in the delegation document.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.95</SECTNO>
              <SUBJECT>What are the requirements for obtaining a security delegation of authority from GSA?</SUBJECT>
              <P>Executive agencies may be delegated security authority when any of the following conditions exist:</P>
              <P>(a) A clear and unique security requirement;</P>
              <P>(b) A critical national security issue;</P>
              <P>(c) An intelligence or law enforcement mission; or</P>
              <P>(d) The current security contractor is ineffective.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.100</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a utility service delegation of authority from GSA?</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.105</SECTNO>
              <SUBJECT>What are the requirements for obtaining a utility services delegation of authority from GSA?</SUBJECT>
              <P>Executive agencies may be delegated utility services authority when they have the technical expertise and adequate staffing.</P>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 102-73</EAR>
            <HD SOURCE="HED">PART 102-73—REAL ESTATE ACQUISITION</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—General Provisions</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-73.5</SECTNO>
                <SUBJECT>What is the scope of this part?</SUBJECT>
                <SECTNO>102-73.10</SECTNO>
                <SUBJECT>What is the basic real estate acquisition policy?</SUBJECT>
                <SECTNO>102-73.15</SECTNO>
                <SUBJECT>What real estate acquisition and related services must Federal agencies provide?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">United States Postal Service-Controlled Space</HD>
                  <SECTNO>102-73.20</SECTNO>
                  <SUBJECT>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?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Locating Federal Facilities</HD>
                  <SECTNO>102-73.25</SECTNO>
                  <SUBJECT>What policies must executive agencies comply with in locating Federal facilities?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Historic Preservation</HD>
                  <SECTNO>102-73.30</SECTNO>
                  <SUBJECT>What historic preservation provisions must Federal agencies comply with prior to acquiring, constructing, or leasing space?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <PRTPAGE P="173"/>
                  <HD SOURCE="HED">Prospectus Requirements</HD>
                  <SECTNO>102-73.35</SECTNO>
                  <SUBJECT>Is a prospectus required for all acquisition, construction, or alteration projects?</SUBJECT>
                  <SECTNO>102-73.40</SECTNO>
                  <SUBJECT>What happens if the project exceeds the prospectus threshold?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Acquisition by Lease</HD>
                <SECTNO>102-73.45</SECTNO>
                <SUBJECT>When may Federal agencies consider leases of privately owned land and buildings to satisfy their space needs?</SUBJECT>
                <SECTNO>102-73.50</SECTNO>
                <SUBJECT>Are Federal agencies that possess independent statutory authority to acquire leased space subject to requirements of this part?</SUBJECT>
                <SECTNO>102-73.55</SECTNO>
                <SUBJECT>On what basis must Federal agencies acquire leases?</SUBJECT>
                <SECTNO>102-73.60</SECTNO>
                <SUBJECT>With whom may Federal agencies enter into lease agreements?</SUBJECT>
                <SECTNO>102-73.65</SECTNO>
                <SUBJECT>Are there any limitations on leasing certain types of space?</SUBJECT>
                <SECTNO>102-73.70</SECTNO>
                <SUBJECT>Are executive agencies required to acquire leased space by negotiation?</SUBJECT>
                <SECTNO>102-73.75</SECTNO>
                <SUBJECT>What functions must Federal agencies perform with regard to leasing building space?</SUBJECT>
                <SECTNO>102-73.80</SECTNO>
                <SUBJECT>Who is authorized to contact lessors, offerors, or potential offerors concerning space leased or to be leased?</SUBJECT>
                <SECTNO>102-73.85</SECTNO>
                <SUBJECT>Can agencies with independent statutory authority to lease space have GSA perform the leasing functions?</SUBJECT>
                <SECTNO>102-73.90</SECTNO>
                <SUBJECT>What contingent fee policy must Federal agencies apply to the acquisition of real property by lease?</SUBJECT>
                <SECTNO>102-73.95</SECTNO>
                <SUBJECT>How are Federal agencies required to assist GSA?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Competition in Contracting Act of 1984</HD>
                  <SECTNO>102-73.100</SECTNO>
                  <SUBJECT>Is the Competition in Contracting Act of 1984 (CICA) applicable to lease acquisition?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Lease Construction</HD>
                  <SECTNO>102-73.105</SECTNO>
                  <SUBJECT>What rules must executive agencies follow when acquiring leasehold interests in buildings constructed for Federal Government use?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Price Preference for Historic Properties</HD>
                  <SECTNO>102-73.110</SECTNO>
                  <SUBJECT>Must Federal agencies offer a price preference to space in historic properties when acquiring leased space?</SUBJECT>
                  <SECTNO>102-73.115</SECTNO>
                  <SUBJECT>How much of a price preference must Federal agencies give when acquiring leased space using the lowest price technically acceptable source selection process?</SUBJECT>
                  <SECTNO>102-73.120</SECTNO>
                  <SUBJECT>How much of a price preference must Federal agencies give when acquiring leased space using the best value tradeoff source selection process?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Leases With Purchase Options</HD>
                  <SECTNO>102-73.125</SECTNO>
                  <SUBJECT>When may Federal agencies consider acquiring leases with purchase options?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Scoring Rules</HD>
                  <SECTNO>102-73.130</SECTNO>
                  <SUBJECT>What scoring rules must Federal agencies follow when considering leases and leases with purchase options?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Delegations of Leasing Authority</HD>
                  <SECTNO>102-73.135</SECTNO>
                  <SUBJECT>When may agencies that do not possess independent leasing authority lease space?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Categorical Space Delegations</HD>
                  <SECTNO>102-73.140</SECTNO>
                  <SUBJECT>What is a categorical space delegation?</SUBJECT>
                  <SECTNO>102-73.145</SECTNO>
                  <SUBJECT>What is the policy for categorical space delegations?</SUBJECT>
                  <SECTNO>102-73.150</SECTNO>
                  <SUBJECT>What types of space can Federal agencies acquire with a categorical space delegation?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Special Purpose Space Delegations</HD>
                  <SECTNO>102-73.155</SECTNO>
                  <SUBJECT>What is an agency special purpose space delegation?</SUBJECT>
                  <SECTNO>102-73.160</SECTNO>
                  <SUBJECT>What is the policy for agency special purpose space delegations?</SUBJECT>
                  <SECTNO>102-73.165</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Agriculture lease?</SUBJECT>
                  <SECTNO>102-73.170</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Commerce lease?</SUBJECT>
                  <SECTNO>102-73.175</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Defense lease?</SUBJECT>
                  <SECTNO>102-73.180</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Energy lease?</SUBJECT>
                  <SECTNO>102-73.185</SECTNO>
                  <SUBJECT>What types of special purpose space may the Federal Communications Commission lease?</SUBJECT>
                  <SECTNO>102-73.190</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Health and Human Services lease?</SUBJECT>
                  <SECTNO>102-73.195</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of the Interior lease?</SUBJECT>
                  <SECTNO>102-73.200</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Justice lease?</SUBJECT>
                  <SECTNO>102-73.205</SECTNO>
                  <SUBJECT>What types of special purpose space may the Office of Thrift Supervision lease?</SUBJECT>
                  <SECTNO>102-73.210</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Transportation lease?</SUBJECT>
                  <SECTNO>102-73.215</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Treasury lease?</SUBJECT>
                  <SECTNO>102-73.220</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Veterans Affairs lease?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <PRTPAGE P="174"/>
                  <HD SOURCE="HED">Limitations on the Use of Delegated Authority</HD>
                  <SECTNO>102-73.225</SECTNO>
                  <SUBJECT>When must Federal agencies submit a prospectus to lease real property?</SUBJECT>
                  <SECTNO>102-73.230</SECTNO>
                  <SUBJECT>What is the maximum lease term that a Federal agency may agree to when it has been delegated lease acquisition authority from GSA?</SUBJECT>
                  <SECTNO>102-73.235</SECTNO>
                  <SUBJECT>What policy must Federal agencies follow to acquire official parking spaces?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Acquisition by Purchase or Condemnation</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Buildings</HD>
                  <SECTNO>102-73.240</SECTNO>
                  <SUBJECT>When may Federal agencies consider purchase of buildings?</SUBJECT>
                  <SECTNO>102-73.245</SECTNO>
                  <SUBJECT>Are agencies required to adhere to the policies for locating Federal facilities when purchasing buildings?</SUBJECT>
                  <SECTNO>102-73.250</SECTNO>
                  <SUBJECT>What factors must executive agencies consider when purchasing sites?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Land</HD>
                  <SECTNO>102-73.255</SECTNO>
                  <SUBJECT>What land acquisition policy must Federal agencies follow?</SUBJECT>
                  <SECTNO>102-73.260</SECTNO>
                  <SUBJECT>What actions must Federal agencies take to facilitate land acquisition?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Just Compensation</HD>
                  <SECTNO>102-73.265</SECTNO>
                  <SUBJECT>Are Federal agencies required to provide the owner with a written statement of the amount established as just compensation?</SUBJECT>
                  <SECTNO>102-73.270</SECTNO>
                  <SUBJECT>What specific information must be included in the summary statement for the owner that explains the basis for just compensation?</SUBJECT>
                  <SECTNO>102-73.275</SECTNO>
                  <SUBJECT>Are Federal agencies required to compensate a property owner for the owner's buildings, structures, or other improvements that must be removed from the property being acquired?</SUBJECT>
                  <SECTNO>102-73.280</SECTNO>
                  <SUBJECT>What are Federal agencies' responsibilities to compensate a tenant for tenant-owned property when the tenant has the right or obligation to remove buildings, structures, or other improvements at the end of the term?</SUBJECT>
                  <SECTNO>102-73.285</SECTNO>
                  <SUBJECT>Are there any prohibitions when a Federal agency pays “just compensation” to a tenant?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Expenses Incidental to Property Transfer</HD>
                  <SECTNO>102-73.290</SECTNO>
                  <SUBJECT>What property transfer expenses must Federal agencies cover when acquiring real property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Litigation Expenses</HD>
                  <SECTNO>102-73.295</SECTNO>
                  <SUBJECT>Are Federal agencies required to pay for litigation expenses incurred by a property owner because of a condemnation proceeding?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Relocation Assistance Policy</HD>
                  <SECTNO>102-73.300</SECTNO>
                  <SUBJECT>What relocation assistance policy must Federal agencies follow?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>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.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>67 FR 76823, Dec. 13, 2002, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General Provisions</HD>
              <SECTION>
                <SECTNO>§ 102-73.5</SECTNO>
                <SUBJECT>What is the scope of this part?</SUBJECT>
                <P>The real property policies contained in this part apply to Federal agencies, including the General Services Administration (GSA)/Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-73.10</SECTNO>
                <SUBJECT>What is the basic real estate acquisition policy?</SUBJECT>
                <P>When seeking to acquire space, Federal agencies should first seek space in Government-owned and Government-leased buildings. If suitable Government-controlled space is unavailable, Federal agencies must acquire real estate and related services in an efficient and cost effective manner.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-73.15</SECTNO>
                <SUBJECT>What real estate acquisition and related services must Federal agencies provide?</SUBJECT>
                <P>Federal agencies, upon approval from GSA, may provide real estate acquisition and related services, including leasing (with or without purchase options), building and/or site purchase, condemnation, and relocation assistance. For information on the design and construction of Federal facilities, see part 102-76 of this chapter.</P>
              </SECTION>
              <SUBJGRP>
                <PRTPAGE P="175"/>
                <HD SOURCE="HED">United States Postal Service-Controlled Space</HD>
                <SECTION>
                  <SECTNO>§ 102-73.20</SECTNO>
                  <SUBJECT>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?</SUBJECT>
                  <P>Yes, after considering the availability of GSA-controlled space and determining that no such space is available to meet its needs, Federal agencies must extend priority consideration to available space in buildings under the custody and control of the United States Postal Service (USPS) in fulfilling Federal agency space needs, as specified in the “Agreement Between General Services Administration and the United States Postal Service Covering Real and Personal Property Relationships and Associated Services,” dated July 1985.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Locating Federal Facilities</HD>
                <SECTION>
                  <SECTNO>§ 102-73.25</SECTNO>
                  <SUBJECT>What policies must executive agencies comply with in locating Federal facilities?</SUBJECT>
                  <P>Executive agencies must comply with the location policies in this part and part 102-83 of this chapter.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Historic Preservation</HD>
                <SECTION>
                  <SECTNO>§ 102-73.30</SECTNO>
                  <SUBJECT>What historic preservation provisions must Federal agencies comply with prior to acquiring, constructing, or leasing space?</SUBJECT>
                  <P>Prior to acquiring, constructing, or leasing space, Federal agencies must comply with the provisions of section 110(a) of the National Historic Preservation Act of 1966, as amended, (16 U.S.C. 470h-2(a)), regarding the use of historic properties. Federal agencies can find guidance on protecting, enhancing and preserving historic and cultural property in part 102-78 of this chapter.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Prospectus Requirements</HD>
                <SECTION>
                  <SECTNO>§ 102-73.35</SECTNO>
                  <SUBJECT>Is a prospectus required for all acquisition, construction, or alteration projects?</SUBJECT>

                  <P>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. The current prospectus threshold value for each fiscal year can be found at <E T="03">http://www.gsa.gov.</E>
                  </P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.40</SECTNO>
                  <SUBJECT>What happens if the project exceeds the prospectus threshold?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Acquisition by Lease</HD>
              <SECTION>
                <SECTNO>§ 102-73.45</SECTNO>
                <SUBJECT>When may Federal agencies consider leases of privately owned land and buildings to satisfy their space needs?</SUBJECT>
                <P>Federal agencies may consider leases of privately owned land and buildings only when needs cannot be met satisfactorily in Government-controlled space and one or more of the following conditions exist:</P>
                <P>(a) Leasing is more advantageous to the Government than constructing a new building, or more advantageous than altering an existing Federal building;</P>
                <P>(b) New construction or alteration is unwarranted because demand for space in the community is insufficient, or is indefinite in scope or duration; or</P>
                <P>(c) Federal agencies cannot provide for the completion of a new building within a reasonable time.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-73.50</SECTNO>
                <SUBJECT>Are Federal agencies that possess independent statutory authority to acquire leased space subject to requirements of this part?</SUBJECT>

                <P>No, Federal agencies possessing independent statutory authority to acquire <PRTPAGE P="176"/>leased space are not subject to GSA authority and, therefore, are not subject to the requirements of this part.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-73.55</SECTNO>
                <SUBJECT>On what basis must Federal agencies acquire leases?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-73.60</SECTNO>
                <SUBJECT>With whom may Federal agencies enter into lease agreements?</SUBJECT>

                <P>Federal agencies, upon approval from GSA, may enter into lease agreements with any person, partnership, corporation, or other public or private entity, provided that such lease agreements do not bind the Government for periods in excess of twenty years (40 U.S.C. 490(h)(1)). Federal agencies may not enter into lease agreements with persons who are barred from contracting with the Federal Government (<E T="03">e.g.,</E> Members of Congress or debarred or suspended contractors).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-73.65</SECTNO>
                <SUBJECT>Are there any limitations on leasing certain types of space?</SUBJECT>
                <P>Yes, the limitations on leasing certain types of space are as follows:</P>
                <P>(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)).</P>
                <P>(b) However, Federal agencies may lease such space if the Administrator of General Services first determines that leasing such space is necessary to meet requirements which cannot be met in public buildings and then submits such determination to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives in accordance with 40 U.S.C. 606(e).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-73.70</SECTNO>
                <SUBJECT>Are executive agencies required to acquire leased space by negotiation?</SUBJECT>
                <P>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)).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-73.75</SECTNO>
                <SUBJECT>What functions must Federal agencies perform with regard to leasing building space?</SUBJECT>
                <P>Federal agencies, upon approval from GSA, must perform all functions of leasing building space, and land incidental thereto, for their use except as provided in this subpart.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-73.80</SECTNO>
                <SUBJECT>Who is authorized to contact lessors, offerors, or potential offerors concerning space leased or to be leased?</SUBJECT>
                <P>No one, except the Contracting Officer or his or her designee, may contact lessors, offerors, or potential offerors concerning space leased or to be leased for the purpose of making oral or written representation or commitments or agreements with respect to the terms of occupancy of particular space, tenant improvements, alterations and repairs, or payment for overtime services.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-73.85</SECTNO>
                <SUBJECT>Can agencies with independent statutory authority to lease space have GSA perform the leasing functions?</SUBJECT>
                <P>Yes, upon request, GSA may perform, on a reimbursable basis, all functions of leasing building space, and land incidental thereto, for Federal agencies possessing independent statutory authority to lease space. However, GSA reserves the right to accept or reject reimbursable leasing service requests on a case-by-case basis.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-73.90</SECTNO>
                <SUBJECT>What contingent fee policy must Federal agencies apply to the acquisition of real property by lease?</SUBJECT>

                <P>Federal agencies must apply the contingent fee policies in 48 CFR 3.4 to all negotiated and sealed bid contracts for the acquisition of real property by lease. Federal agencies must appropriately adapt the representations and covenants required by that subpart for <PRTPAGE P="177"/>use in leases of real property for Government use.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-73.95</SECTNO>
                <SUBJECT>How are Federal agencies required to assist GSA?</SUBJECT>
                <P>The heads of Federal agencies must:</P>
                <P>(a) Cooperate with and assist the Administrator of General Services in carrying out his responsibilities respecting office buildings and space;</P>
                <P>(b) Take measures to give GSA early notice of new or changing space requirements;</P>
                <P>(c) Seek to economize their requirements for space; and</P>
                <P>(d) Continuously review their needs for space in and near the District of Columbia, taking into account the feasibility of decentralizing services or activities which can be carried on elsewhere without excessive costs or significant loss of efficiency.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Competition in Contracting Act of 1984</HD>
                <SECTION>
                  <SECTNO>§ 102-73.100</SECTNO>
                  <SUBJECT>Is the Competition in Contracting Act of 1984 (CICA) applicable to lease acquisition?</SUBJECT>
                  <P>Yes, executive agencies must obtain full and open competition among suitable locations meeting minimum Government requirements, except as otherwise provided by CICA (41 U.S.C. 253).</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Lease Construction</HD>
                <SECTION>
                  <SECTNO>§ 102-73.105</SECTNO>
                  <SUBJECT>What rules must executive agencies follow when acquiring leasehold interests in buildings constructed for Federal Government use?</SUBJECT>
                  <P>When acquiring leasehold interests in buildings to be constructed for Federal Government use, executive agencies must:</P>
                  <P>(a) Establish detailed building specifications before agreeing to a contract that will result in the construction of a building;</P>
                  <P>(b) Use competitive procedures;</P>
                  <P>(c) Inspect every building during construction to ensure that the building complies with the Government's specifications;</P>
                  <P>(d) Evaluate every building after completion of construction to determine that the building complies with the Government's specifications; and</P>
                  <P>(e) Ensure that any contract that will result in the construction of a building contains provisions permitting the Government to reduce the rent during any period when the building does not comply with the Government's specifications.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Price Preference for Historic Properties</HD>
                <SECTION>
                  <SECTNO>§ 102-73.110</SECTNO>
                  <SUBJECT>Must Federal agencies offer a price preference to space in historic properties when acquiring leased space?</SUBJECT>
                  <P>Yes, Federal agencies must give a price preference to space in historic properties when acquiring leased space using either the lowest price technically acceptable or the best value tradeoff source selection processes.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.115</SECTNO>
                  <SUBJECT>How much of a price preference must Federal agencies give when acquiring leased space using the lowest price technically acceptable source selection process?</SUBJECT>
                  <P>Federal agencies must give a price evaluation preference to space in historic properties as follows:</P>
                  <P>(a) First to suitable historic properties within historic districts, a 10 percent price preference.</P>
                  <P>(b) If no suitable historic property within an historic district is offered, or the 10 percent preference does not result in such property being the lowest price technically acceptable offer, the Government will give a 2.5 percent price preference to suitable non-historic developed or undeveloped sites within historic districts.</P>
                  <P>(c) If no suitable non-historic developed or undeveloped site within an historic district is offered, or the 2.5 percent preference does not result in such property being the lowest price technically acceptable offer, the Government will give a 10 percent price preference to suitable historic properties outside of historic districts.</P>
                  <P>(d) Finally, if no suitable historic property outside of historic districts is offered, no historic price preference will be given to any property offered.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="178"/>
                  <SECTNO>§ 102-73.120</SECTNO>
                  <SUBJECT>How much of a price preference must Federal agencies give when acquiring leased space using the best value tradeoff source selection process?</SUBJECT>
                  <P>When award will be based on the best value tradeoff source selection process, which permits tradeoffs among price and non-price factors, the Government will give a price evaluation preference to historic properties as follows:</P>
                  <P>(a) First to suitable historic properties within historic districts, a 10 percent price preference.</P>
                  <P>(b) If no suitable historic property within an historic district is offered or remains in the competition, the Government will give a 2.5 percent price preference to suitable non-historic developed or undeveloped sites within historic districts.</P>
                  <P>(c) If no suitable non-historic developed or undeveloped site within an historic district is offered or remains in the competition, the Government will give a 10 percent price preference to suitable historic properties outside of historic districts.</P>
                  <P>(d) Finally, if no suitable historic property outside of historic districts is offered, no historic price preference will be given to any property offered.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Leases With Purchase Options</HD>
                <SECTION>
                  <SECTNO>§ 102-73.125</SECTNO>
                  <SUBJECT>When may Federal agencies consider acquiring leases with purchase options?</SUBJECT>
                  <P>Agencies may consider leasing with a purchase option at or below fair market value, consistent with the lease-purchase scoring rules, when one or more of the following conditions exist:</P>
                  <P>(a) The purchase option offers economic and other advantages to the Government and is consistent with the Government's goals;</P>
                  <P>(b) The Government is the sole or major tenant of the building, and has a long-term need for the property; or</P>
                  <P>(c) Leasing with a purchase option is otherwise in the best interest of the Government.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Scoring Rules</HD>
                <SECTION>
                  <SECTNO>§ 102-73.130</SECTNO>
                  <SUBJECT>What scoring rules must Federal agencies follow when considering leases and leases with purchase options?</SUBJECT>

                  <P>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, <E T="03">see</E> 5 CFR 1310.3.)</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Delegations of Leasing Authority</HD>
                <SECTION>
                  <SECTNO>§ 102-73.135</SECTNO>
                  <SUBJECT>When may agencies that do not possess independent leasing authority lease space?</SUBJECT>
                  <P>Federal agencies may perform for themselves all functions necessary to acquire leased space in buildings and land incidental thereto when:</P>
                  <P>(a) The authority may be delegated (see § 102-72.30(b) on the different types of delegations related to real estate leasing);</P>
                  <P>(b) The space may be leased for no rental, or for a nominal consideration of $1 per annum, and is limited to terms not to exceed 1 year;</P>
                  <P>(c) Authority has been requested by an executive agency and a specific delegation has been granted by the Administrator of General Services;</P>
                  <P>(d) A categorical delegation has been granted by the Administrator of General Services for space to accommodate particular types of agency activities, such as military recruiting offices or space for certain county level agricultural activities. A listing of categorical delegations is found at § 102-73.150; or</P>

                  <P>(e) The required space is found by the Administrator of General Services to be wholly or predominantly utilized for the special purposes of the agency to occupy such space and is not generally suitable for use by other agencies. Federal agencies must obtain prior approval from the GSA regional office having jurisdiction for the proposed leasing action, before initiating a leasing action involving 2,500 or more square feet of such special purpose space. GSA's approval must be based upon a finding that there is no vacant Government-owned or leased space available that will meet the agency's requirements. Agency special purpose <PRTPAGE P="179"/>space delegations can be found in §§ 102-73.165 through 102-73.220.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Categorical Space Delegations</HD>
                <SECTION>
                  <SECTNO>§ 102-73.140</SECTNO>
                  <SUBJECT>What is a categorical space delegation?</SUBJECT>
                  <P>A categorical space delegation is a standing delegation of authority from the Administrator of General Services to a Federal agency to acquire a type of space identified in § 102-73.150 subject to limitations in this part.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.145</SECTNO>
                  <SUBJECT>What is the policy for categorical space delegations?</SUBJECT>
                  <P>Subject to the limitations cited in §§ 102-73.225 through 102-73.235, all Federal agencies are authorized to acquire the types of space listed in § 102-73.150 and, except where otherwise noted, may lease space for terms, including all options, of up to 20 years.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.150</SECTNO>
                  <SUBJECT>What types of space can Federal agencies acquire with a categorical space delegation?</SUBJECT>
                  <P>Federal agencies can use categorical space delegations to acquire:</P>
                  <P>(a) Space to house antennas, repeaters, or transmission equipment;</P>
                  <P>(b) Depots, including, but not limited to, stockpiling depots and torpedo net depots;</P>
                  <P>(c) Docks, piers, and mooring facilities (including closed storage space required in combination with such facilities);</P>
                  <P>(d) Fumigation areas;</P>
                  <P>(e) Garage space (may be leased only on a fiscal year basis);</P>
                  <P>(f) Greenhouses;</P>
                  <P>(g) Hangars and other airport operating facilities including, but not limited to, flight preparation space, aircraft storage areas, and repair shops;</P>
                  <P>(h) Hospitals, including medical clinics;</P>
                  <P>(i) Housing (temporary), including hotels (does not include quarters obtained pursuant to temporary duty travel or employee relocation);</P>
                  <P>(j) Laundries;</P>
                  <P>(k) Quarantine facilities for plants, birds, and other animals;</P>
                  <P>(l) Ranger stations; <E T="03">i.e.,</E> facilities which typically include small offices staffed by one or more uniformed employees, and may include sleeping/family quarters, parking areas, garages, and storage space. Office space within ranger stations is minimal and does not comprise a majority of the space. (May also be referred to as guard stations, information centers, or kiosks);</P>
                  <P>(m) Recruiting space for the armed forces (lease terms, including all options, limited to 5 years);</P>
                  <P>(n) Schools directly related to the special purpose function(s) of an agency;</P>
                  <P>(o) Specialized storage/depot facilities, such as cold storage; self-storage units; and lumber, oil, gasoline, shipbuilding materials, and pesticide materials/equipment storage (general purpose warehouse type storage facilities not included); and</P>
                  <P>(p) Space for short-term use (such as conferences and meetings, judicial proceedings, and emergency situations).</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Special Purpose Space Delegations</HD>
                <SECTION>
                  <SECTNO>§ 102-73.155</SECTNO>
                  <SUBJECT>What is an agency special purpose space delegation?</SUBJECT>
                  <P>An agency special purpose space delegation is a standing delegation of authority from the Administrator of General Services to specific Federal agencies to lease their own special purpose space (identified in §§ 102-73.165 through 102-73.220), subject to limitations in this part.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.160</SECTNO>
                  <SUBJECT>What is the policy for agency special purpose space delegations?</SUBJECT>
                  <P>Subject to the limitations on annual rental amounts, lease terms, and leases on parking spaces cited in §§ 102-73.225 through 102-73.235, the agencies listed below are authorized to acquire special purpose space associated with that agency and, except where otherwise noted, may lease such space for terms, including all options, of up to 20 years. The agencies and types of space subject to special purpose space delegations are specified in §§ 102-73.165 through 102-73.220.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.165</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Agriculture lease?</SUBJECT>

                  <P>The Department of Agriculture is delegated the authority to lease the following types of space:<PRTPAGE P="180"/>
                  </P>
                  <P>(a) Cotton classing laboratories (lease terms, including all options, limited to 5 years);</P>
                  <P>(b) Land (if unimproved, may be leased only on a fiscal year basis);</P>
                  <P>(c) Miscellaneous storage by cubic foot or weight basis;</P>
                  <P>(d) Office space when required to be located in or adjacent to stockyards, produce markets, produce terminals, airports, and other ports (lease terms, including all options, limited to 5 years);</P>
                  <P>(e) Space for agricultural commodities stored in licensed warehouses and utilized under warehouse contracts; and</P>
                  <P>(f) Space utilized in cooperation with State and local governments or their instrumentalities (extension services) where the cooperating State or local government occupies a portion of the space and pays a portion of the rent.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.170</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Commerce lease?</SUBJECT>
                  <P>The Department of Commerce is delegated authority to lease the following types of space:</P>
                  <P>(a) Space required by the Census Bureau in connection with conducting the decennial census (lease terms, including all options, limited to 5 years);</P>
                  <P>(b) Laboratories for testing materials, classified or ordnance devices, calibration of instruments, and atmospheric and oceanic research (lease terms, including all options, limited to 5 years);</P>
                  <P>(c) Maritime training stations;</P>
                  <P>(d) Radio stations;</P>
                  <P>(e) Land (if unimproved, may be leased only on a fiscal year basis); and</P>
                  <P>(f) National Weather Service meteorological facilities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.175</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Defense lease?</SUBJECT>
                  <P>The Department of Defense is delegated authority to lease the following types of space:</P>
                  <P>(a) Air Force—Civil Air Patrol Liaison Offices and land incidental thereto when required for use incidental to, in conjunction with, and in close proximity to airports, including aircraft and warning stations (if unimproved, land may be leased only on a fiscal year basis; for space, lease terms, including all options, limited to 5 years);</P>
                  <P>(b) Armories;</P>
                  <P>(c) Film library in the vicinity of Washington, DC;</P>
                  <P>(d) Mess halls;</P>
                  <P>(e) Ports of embarkation and debarkation;</P>
                  <P>(f) Post exchanges;</P>
                  <P>(g) Postal Concentration Center, Long Island City, NY;</P>
                  <P>(h) Recreation centers;</P>
                  <P>(i) Reserve training space;</P>
                  <P>(j) Service clubs; and</P>
                  <P>(k) Testing laboratories (lease terms, including all options, limited to 5 years).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.180</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Energy lease?</SUBJECT>
                  <P>The Department of Energy is delegated authority to lease facilities housing the special purpose or special location activities of the old Atomic Energy Commission.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.185</SECTNO>
                  <SUBJECT>What types of special purpose space may the Federal Communications Commission lease?</SUBJECT>
                  <P>The Federal Communications Commission is delegated authority to lease monitoring station sites.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.190</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Health and Human Services lease?</SUBJECT>
                  <P>The Department of Health and Human Services is delegated authority to lease laboratories (lease terms, including all options, limited to 5 years).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.195</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of the Interior lease?</SUBJECT>
                  <P>The Department of the Interior is delegated authority to lease the following types of space:</P>
                  <P>(a) Space in buildings and land incidental thereto used by field crews of the Bureau of Reclamation, Bureau of Land Management, and the Geological Survey in areas where no other Government agencies are quartered (unimproved land may be leased only on a fiscal year basis); and</P>

                  <P>(b) National Parks/Monuments Visitors Centers consisting primarily of <PRTPAGE P="181"/>special purpose space (<E T="03">e.g.,</E> visitor reception, information, and rest room facilities) and not general office or administrative space.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.200</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Justice lease?</SUBJECT>
                  <P>The Department of the Justice is delegated authority to lease the following types of space:</P>
                  <P>(a) U.S. marshals office in any Alaska location (lease terms, including all options, limited to 5 years);</P>
                  <P>(b) Border Patrol Offices similar in character and utilization to police stations, involving the handling of prisoners, firearms, and motor vehicles, regardless of location (lease terms, including all options limited to 5 years);</P>
                  <P>(c) Space used for storage and maintenance of surveillance vehicles and seized property (lease terms, including all options, limited to 5 years);</P>
                  <P>(d) Space used for review and custody of records and other evidentiary materials (lease terms, including all options, limited to 5 years); and</P>
                  <P>(e) Space used for trial preparation where space is not available in Federal buildings, Federal courthouses, USPS facilities, or GSA-leased buildings (lease terms limited to not more than 1 year.)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.205</SECTNO>
                  <SUBJECT>What types of special purpose space may the Office of Thrift Supervision lease?</SUBJECT>
                  <P>The Office of Thrift Supervision is delegated authority to lease space for field offices of Examining Divisions required to be located within Office of Thrift Supervision buildings or immediately adjoining or adjacent to such buildings (lease terms, including all options, limited to 5 years).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.210</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Transportation lease?</SUBJECT>
                  <P>The Department of Transportation is delegated authority to lease the following types of space (or real property):</P>
                  <P>(a) Land for the Federal Aviation Administration (FAA) at airports (unimproved land may be leased only on a fiscal year basis);</P>
                  <P>(b) General purpose office space not exceeding 10,000 square feet for the FAA at airports in buildings under the jurisdiction of public or private airport authorities (lease terms, including all options, limited to 5 years);</P>
                  <P>(c) Space for the U.S. Coast Guard oceanic unit, Woods Hole, MA; and</P>
                  <P>(d) Space for the U.S. Coast Guard port security activities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.215</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Treasury lease?</SUBJECT>
                  <P>The Department of Treasury is delegated authority to lease the following types of space:</P>
                  <P>(a) Space and land incidental thereto for the use of the Comptroller of the Currency, as well as the operation, maintenance and custody thereof (if unimproved, land may be leased only on a fiscal year basis; lease term for space, including all options, limited to 5 years); and</P>
                  <P>(b) Aerostat radar facilities necessary for U.S. Custom Service mission activities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.220</SECTNO>
                  <SUBJECT>What types of special purpose space may the Department of Veterans Affairs lease?</SUBJECT>
                  <P>The Department of Veterans Affairs is delegated authority to lease the following types of space:</P>
                  <P>(a) Guidance and training centers located at schools and colleges; and</P>
                  <P>(b) Space used for veterans hospitals, including outpatient and medical-related clinics, such as drug, mental health, and alcohol.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Limitations on the Use of Delegated Authority</HD>
                <SECTION>
                  <SECTNO>§ 102-73.225</SECTNO>
                  <SUBJECT>When must Federal agencies submit a prospectus to lease real property?</SUBJECT>
                  <P>In accordance with section 7(a) of the Public Buildings Act of 1959, as amended (40 U.S.C. 606), Federal agencies must submit a prospectus to the Administrator of General Services for leases involving a net annual rental, excluding services and utilities, in excess of the prospectus threshold provided in 40 U.S.C. 606. Agencies must be aware that prospectus thresholds are indexed and change each year.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="182"/>
                  <SECTNO>§ 102-73.230</SECTNO>
                  <SUBJECT>What is the maximum lease term that a Federal agency may agree to when it has been delegated lease acquisition authority from GSA?</SUBJECT>
                  <P>Pursuant to GSA's long-term authority contained in section 210(h)(1) of the Federal Property and Administrative Services Act of 1949, as amended, (40 U.S.C. 490(h)(1)), agencies delegated the authorities outlined herein may enter into leases for the term specified in the delegation. In those cases where agency special purposes space delegations include the authority to acquire unimproved land, the land may be leased only on a fiscal year basis.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.235</SECTNO>
                  <SUBJECT>What policy must Federal agencies follow to acquire official parking spaces?</SUBJECT>
                  <P>Federal agencies that need parking must utilize available Government-owned or leased facilities. Federal agencies must make inquiries regarding availability of such Government-controlled space to GSA regional offices and document such inquiries. If no suitable Government-controlled facilities are available, an agency may use its own procurement authority to acquire parking by service contract.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Acquisition by Purchase or Condemnation</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Buildings</HD>
                <SECTION>
                  <SECTNO>§ 102-73.240</SECTNO>
                  <SUBJECT>When may Federal agencies consider purchase of buildings?</SUBJECT>
                  <P>Agencies may consider purchase of buildings on a case-by-case basis when one or more of the following conditions exist:</P>
                  <P>(a) It is economically more beneficial to own and manage the property;</P>
                  <P>(b) There is a long-term need for the property;</P>
                  <P>(c) The property is an existing building, or a building nearing completion, that can be purchased and occupied within a reasonable time; or</P>
                  <P>(d) When otherwise in the best interests of the Government.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.245</SECTNO>
                  <SUBJECT>Are agencies required to adhere to the policies for locating Federal facilities when purchasing buildings?</SUBJECT>
                  <P>Yes, when purchasing buildings, agencies must comply with the location policies in this part and part 102-83 of this chapter.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.250</SECTNO>
                  <SUBJECT>What factors must executive agencies consider when purchasing sites?</SUBJECT>
                  <P>Agencies must locate proposed Federal buildings on sites that are most advantageous to the United States. Executive agencies must consider factors such as whether the site will contribute to economy and efficiency in the construction, maintenance, and operation of the individual building, and how the proposed site relates to the Government's total space needs in the community. Prior to acquiring, constructing, or leasing buildings (or sites for such buildings), Federal agencies must use, to the maximum extent feasible, historic properties available to the agency. In site selections, executive agencies must consider Executive 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:</P>
                  <P>(a) Maximum utilization of Government-owned land (including excess land) whenever it is adequate, economically adaptable to requirements and properly located, where such use is consistent with the provisions of part 102-75, subpart B, of this chapter.</P>
                  <P>(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.</P>

                  <P>(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 T="03">e.g.,</E> reuse of a site under an established “Brownfields” program).</P>
                  <P>(d) Purchase options to secure the future availability of a site.</P>
                  <P>(e) All applicable location policies in this part and part 102-83 of this chapter.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="183"/>
                <HD SOURCE="HED">Land</HD>
                <SECTION>
                  <SECTNO>§ 102-73.255</SECTNO>
                  <SUBJECT>What land acquisition policy must Federal agencies follow?</SUBJECT>
                  <P>Federal agencies must follow the land acquisition policy in the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. 4651-4655, that:</P>
                  <P>(a) Encourages and expedites the acquisition of real property by agreements with owners;</P>
                  <P>(b) Avoids litigation, including condemnation actions, where possible and relieves congestion in the courts;</P>
                  <P>(c) Provides for consistent treatment of owners; and</P>
                  <P>(d) Promotes public confidence in Federal land acquisition practices.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.260</SECTNO>
                  <SUBJECT>What actions must Federal agencies take to facilitate land acquisition?</SUBJECT>
                  <P>To facilitate land acquisition, Federal agencies must:</P>
                  <P>(a) Obtain one appraisal on each parcel, tract, or other real property;</P>
                  <P>(b) Pay a property owner (or occupant) or deposit payment in the registry of the court before requiring the owner to surrender the property;</P>
                  <P>(c) Provide property owners (and occupants) at least 90-days notice of displacement before requiring anyone to move. If a Federal agency permits the owner to keep possession for a short time after acquiring the owner's property, Federal agencies must not charge rent in excess of the property's fair rental value to a short-term occupier;</P>
                  <P>(d) Try to negotiate with owners on the price;</P>
                  <P>(e) Appraise the real property before starting negotiations and give the owner (or the owner's representative) the opportunity to accompany the appraiser during the inspection; and</P>
                  <P>(f) Establish an amount estimated to be the just compensation before starting negotiations and promptly offer to acquire the property for this full amount.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Just Compensation</HD>
                <SECTION>
                  <SECTNO>§ 102-73.265</SECTNO>
                  <SUBJECT>Are Federal agencies required to provide the owner with a written statement of the amount established as just compensation?</SUBJECT>
                  <P>Yes, Federal agencies must provide the owner with a written statement of this amount and summarize the basis for it. When it's appropriate, Federal agencies must separately state the just compensation for the property to be acquired and damages to the remaining real property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.270</SECTNO>
                  <SUBJECT>What specific information must be included in the summary statement for the owner that explains the basis for just compensation?</SUBJECT>
                  <P>The summary statement must:</P>
                  <P>(a) Identify the real property and the estate or interest the Federal agency is acquiring;</P>
                  <P>(b) Identify the buildings, structures, and other improvements the Federal agency considers part of the real property for which just compensation is being offered;</P>
                  <P>(c) State that the Federal agency based the estimate of just compensation on the Government's estimate of the property's fair market value. If only part of a property or less than a full interest is being acquired, Federal agencies must explain how they determined the just compensation for it; and</P>
                  <P>(d) State that the Government's estimate of just compensation is at least as much as the property's approved appraisal value.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.275</SECTNO>
                  <SUBJECT>Are Federal agencies required to compensate a property owner for the owner's buildings, structures, or other improvements that must be removed from the property being acquired?</SUBJECT>
                  <P>Yes, Federal agencies must acquire at least an equal interest in all buildings, structures, or other improvements on the real property they are acquiring, including those that the Government require to be removed or those that will interfere with the proposed use of the property.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="184"/>
                  <SECTNO>§ 102-73.280</SECTNO>
                  <SUBJECT>What are Federal agencies' responsibilities to compensate a tenant for tenant-owned property when the tenant has the right or obligation to remove buildings, structures, or other improvements at the end of the term?</SUBJECT>
                  <P>If a tenant has the right or obligation to remove these buildings, structures, or other improvements at the end of his term, Federal agencies must determine the total just compensation for the property and pay the tenant the greater of two values:</P>
                  <P>(a) The fair market value of buildings, structures, or other improvements the tenant must remove.</P>
                  <P>(b) The contributive fair market value of the tenant's improvements to the entire property's fair market value. This value will be at least as much as the value of items the tenant must remove.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-73.285</SECTNO>
                  <SUBJECT>Are there any prohibitions when a Federal agency pays “just compensation” to a tenant?</SUBJECT>
                  <P>Yes, Federal agencies must not:</P>
                  <P>(a) Duplicate any payment to the tenant otherwise authorized by law; and</P>
                  <P>(b) Pay a tenant unless the landowner disclaims all interests in the tenant's improvements. In consideration for any such payment, the tenant must assign, transfer, and release to the Federal agency all of its right, title, and interest in the improvements. The tenant may reject such payment under this subpart and obtain payment for its property interests according to other sections of applicable law.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Expenses Incidental to Property Transfer</HD>
                <SECTION>
                  <SECTNO>§ 102-73.290</SECTNO>
                  <SUBJECT>What property transfer expenses must Federal agencies cover when acquiring real property?</SUBJECT>
                  <P>Federal agencies must:</P>
                  <P>(a) Reimburse property owners for all reasonable expenses actually incurred for recording fees, transfer taxes, documentary stamps, evidence of title, boundary surveys, legal descriptions of the real property, and similar expenses needed to convey the property to the Federal Government;</P>
                  <P>(b) Reimburse property owners for all reasonable expenses actually incurred for penalty costs and other charges to prepay any existing, recorded mortgage that a property owner entered into in good faith and that encumbers the real property;</P>
                  <P>(c) Reimburse property owners for all reasonable expenses actually incurred for the prorated part of any prepaid real property taxes that cover the period after the Federal Government gets title to the property or effective possession of it, whichever is earlier; and</P>
                  <P>(d) Whenever possible, directly pay the costs identified in this section, so property owners will not have to pay them and then seek reimbursement from the Government.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Litigation Expenses</HD>
                <SECTION>
                  <SECTNO>§ 102-73.295</SECTNO>
                  <SUBJECT>Are Federal agencies required to pay for litigation expenses incurred by a property owner because of a condemnation proceeding?</SUBJECT>
                  <P>Federal agencies must pay reasonable expenses for attorneys, appraisals, and engineering fees that a property owner incurs because of a condemnation proceeding, if any of the following are true:</P>
                  <P>(a) The court's final judgment is that the Federal agency cannot acquire the real property by condemnation.</P>
                  <P>(b) The Federal agency abandons the condemnation proceeding other than under an agreed-on settlement.</P>
                  <P>(c) The court renders a judgment in the property owner's favor in an inverse condemnation proceeding or the Federal agency agrees to settle such proceeding.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Relocation Assistance Policy</HD>
                <SECTION>
                  <SECTNO>§ 102-73.300</SECTNO>
                  <SUBJECT>What relocation assistance policy must Federal agencies follow?</SUBJECT>

                  <P>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 in accordance with the implementing regulations found in 49 CFR part 24 . Appropriate relocation <PRTPAGE P="185"/>assistance means that the Federal agency must pay the displaced person for actual:</P>
                  <P>(a) Reasonable moving expenses (in moving himself, his family, and business);</P>
                  <P>(b) Direct losses of tangible personal property as a result of moving or discontinuing a business;</P>
                  <P>(c) Reasonable expenses in searching for a replacement business or farm; and</P>
                  <P>(d) Reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, but not to exceed $10,000.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 102-74</EAR>
            <HD SOURCE="HED">PART 102-74—FACILITY MANAGEMENT</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—General Provisions</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-74.5</SECTNO>
                <SUBJECT>What is the scope of this part?</SUBJECT>
                <SECTNO>102-74.10</SECTNO>
                <SUBJECT>What is the basic facility management policy?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Facility Management</HD>
                <SECTNO>102-74.15</SECTNO>
                <SUBJECT>What are the facility management responsibilities of occupant agencies?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Occupancy Services</HD>
                  <SECTNO>102-74.20</SECTNO>
                  <SUBJECT>What are occupancy services?</SUBJECT>
                  <SECTNO>102-74.25</SECTNO>
                  <SUBJECT>What responsibilities do executive agencies have regarding occupancy services?</SUBJECT>
                  <SECTNO>102-74.30</SECTNO>
                  <SUBJECT>What standard in providing occupancy services must executive agencies follow?</SUBJECT>
                  <SECTNO>102-74.35</SECTNO>
                  <SUBJECT>What building services must executive agencies provide?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Concession Services</HD>
                  <SECTNO>102-74.40</SECTNO>
                  <SUBJECT>What are concession services?</SUBJECT>
                  <SECTNO>102-74.45</SECTNO>
                  <SUBJECT>When must Federal agencies provide concession services?</SUBJECT>
                  <SECTNO>102-74.50</SECTNO>
                  <SUBJECT>May Federal agencies sell tobacco products in vending machines in Government-owned and leased space?</SUBJECT>
                  <SECTNO>102-74.55</SECTNO>
                  <SUBJECT>Are commercial vendors and nonprofit organizations required to operate vending facilities by permit or contractual arrangement?</SUBJECT>
                  <SECTNO>102-74.60</SECTNO>
                  <SUBJECT>Are Federal agencies required to give blind vendors priority in operating vending facilities?</SUBJECT>
                  <SECTNO>102-74.65</SECTNO>
                  <SUBJECT>Are Randolph-Sheppard Act vendors required to operate vending facilities by permit or contractual agreement?</SUBJECT>
                  <SECTNO>102-74.70</SECTNO>
                  <SUBJECT>What information must be in a permit for a vending facility?</SUBJECT>
                  <SECTNO>102-74.75</SECTNO>
                  <SUBJECT>What responsibilities do State licensing agencies have in implementing the vending facility program for blind persons?</SUBJECT>
                  <SECTNO>102-74.80</SECTNO>
                  <SUBJECT>Who has the initial responsibility for resolving vendor performance issues?</SUBJECT>
                  <SECTNO>102-74.85</SECTNO>
                  <SUBJECT>What action must Federal agencies take if the State licensing agency is unable to informally resolve vendor performance issues?</SUBJECT>
                  <SECTNO>102-74.90</SECTNO>
                  <SUBJECT>What information must Federal agencies report to the Secretary of Education concerning the vending facility program for blind persons?</SUBJECT>
                  <SECTNO>102-74.95</SECTNO>
                  <SUBJECT>Are Randolph-Sheppard Act vendors operating cafeterias required to meet the same contract performance requirements as commercial or nonprofit cafeteria operators?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Conservation Programs</HD>
                  <SECTNO>102-74.100</SECTNO>
                  <SUBJECT>What are conservation programs?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Asset Services</HD>
                  <SECTNO>102-74.105</SECTNO>
                  <SUBJECT>What are asset services?</SUBJECT>
                  <SECTNO>102-74.110</SECTNO>
                  <SUBJECT>What asset services must executive agencies provide?</SUBJECT>
                  <SECTNO>102-74.115</SECTNO>
                  <SUBJECT>What standard in providing asset services must executive agencies follow?</SUBJECT>
                  <SECTNO>102-74.120</SECTNO>
                  <SUBJECT>Is a prospectus required to be submitted before emergency alterations can be performed?</SUBJECT>
                  <SECTNO>102-74.125</SECTNO>
                  <SUBJECT>Are prospectuses required for reimbursable alteration projects?</SUBJECT>
                  <SECTNO>102-74.130</SECTNO>
                  <SUBJECT>When a prospectus is required, can GSA prepare a prospectus for a reimbursable alteration project?</SUBJECT>
                  <SECTNO>102-74.135</SECTNO>
                  <SUBJECT>Who selects construction and alteration projects that are to be performed?</SUBJECT>
                  <SECTNO>102-74.140</SECTNO>
                  <SUBJECT>On what basis does the Administrator select construction and alteration projects?</SUBJECT>
                  <SECTNO>102-74.145</SECTNO>
                  <SUBJECT>What information must a Federal agency submit to GSA after the agency has identified a need for construction or alteration of a public building?</SUBJECT>
                  <SECTNO>102-74.150</SECTNO>
                  <SUBJECT>Who submits prospectuses for the construction or alteration of public buildings to the congressional committees?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Energy Conservation</HD>
                  <SECTNO>102-74.155</SECTNO>
                  <SUBJECT>What energy conservation policy must Federal agencies follow in the management of facilities?</SUBJECT>
                  <SECTNO>102-74.160</SECTNO>
                  <SUBJECT>What actions must Federal agencies take to promote energy conservation?</SUBJECT>
                  <SECTNO>102-74.165</SECTNO>
                  <SUBJECT>What energy standards must Federal agencies follow for existing facilities?</SUBJECT>
                  <SECTNO>102-74.170</SECTNO>
                  <SUBJECT>May exceptions to the energy conservation policies in this subpart be granted?</SUBJECT>
                  <SECTNO>102-74.175</SECTNO>

                  <SUBJECT>Are Government-leased buildings required to conform with the policies in this subpart?<PRTPAGE P="186"/>
                  </SUBJECT>
                  <SECTNO>102-74.180</SECTNO>
                  <SUBJECT>What illumination levels must Federal agencies maintain on Federal facilities?</SUBJECT>
                  <SECTNO>102-74.185</SECTNO>
                  <SUBJECT>What heating and cooling policy must Federal agencies follow in Federal facilities?</SUBJECT>
                  <SECTNO>102-74.190</SECTNO>
                  <SUBJECT>Are portable heaters, fans, and other such devices allowed in Government-controlled facilities?</SUBJECT>
                  <SECTNO>102-74.195</SECTNO>
                  <SUBJECT>What ventilation policy must Federal agencies follow?</SUBJECT>
                  <SECTNO>102-74.200</SECTNO>
                  <SUBJECT>What information are Federal agencies required to report to the Department of Energy (DOE)?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Ridesharing</HD>
                  <SECTNO>102-74.205</SECTNO>
                  <SUBJECT>What Federal facility ridesharing policy must executive agencies follow?</SUBJECT>
                  <SECTNO>102-74.210</SECTNO>
                  <SUBJECT>What steps must executive agencies take to promote ridesharing at Federal facilities?</SUBJECT>
                  <SECTNO>102-74.215</SECTNO>
                  <SUBJECT>What specific ridesharing information must executive agencies report to the Administrator of General Services?</SUBJECT>
                  <SECTNO>102-74.220</SECTNO>
                  <SUBJECT>Where should executive agencies send their Federal Facility Ridesharing Reports?</SUBJECT>
                  <SECTNO>102-74.225</SECTNO>
                  <SUBJECT>Are there any exceptions to these ridesharing reporting requirements?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Occupant Emergency Program</HD>
                  <SECTNO>102-74.230</SECTNO>
                  <SUBJECT>Who is responsible for establishing an occupant emergency program?</SUBJECT>
                  <SECTNO>102-74.235</SECTNO>
                  <SUBJECT>Are occupant agencies required to cooperate with the Designated Official in the implementation of the emergency plans and the staffing of the emergency organization?</SUBJECT>
                  <SECTNO>102-74.240</SECTNO>
                  <SUBJECT>What are Federal agencies' occupant emergency responsibilities?</SUBJECT>
                  <SECTNO>102-74.245</SECTNO>
                  <SUBJECT>Who makes the decision to activate the Occupant Emergency Organization?</SUBJECT>
                  <SECTNO>102-74.250</SECTNO>
                  <SUBJECT>What information must the Designated Official use to make a decision to activate the Occupant Emergency Organization?</SUBJECT>
                  <SECTNO>102-74.255</SECTNO>
                  <SUBJECT>How must occupant evacuation or relocation be accomplished when there is immediate danger to persons or property, such as fire, explosion, or the discovery of an explosive device (not including a bomb threat)?</SUBJECT>
                  <SECTNO>102-74.260</SECTNO>
                  <SUBJECT>What action must the Designated Official initiate when there is advance notice of an emergency?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Parking Facilities</HD>
                  <SECTNO>102-74.265</SECTNO>
                  <SUBJECT>Who must provide for the regulation and policing of parking facilities?</SUBJECT>
                  <SECTNO>102-74.270</SECTNO>
                  <SUBJECT>Are vehicles required to display parking permits in parking facilities?</SUBJECT>
                  <SECTNO>102-74.275</SECTNO>
                  <SUBJECT>May Federal agencies authorize lessors or parking management contractors to manage, regulate, and police parking facilities?</SUBJECT>
                  <SECTNO>102-74.280</SECTNO>
                  <SUBJECT>Are privately owned vehicles converted for propane carburetion permitted in underground parking facilities?</SUBJECT>
                  <SECTNO>102-74.285</SECTNO>
                  <SUBJECT>How must Federal agencies assign priority to parking spaces in controlled areas?</SUBJECT>
                  <SECTNO>102-74.290</SECTNO>
                  <SUBJECT>May Federal agencies allow employees to use parking spaces not required for official needs?</SUBJECT>
                  <SECTNO>102-74.295</SECTNO>
                  <SUBJECT>Who determines the number of employee parking spaces for each facility?</SUBJECT>
                  <SECTNO>102-74.300</SECTNO>
                  <SUBJECT>How must space available for employee parking be allocated among occupant agencies?</SUBJECT>
                  <SECTNO>102-74.305</SECTNO>
                  <SUBJECT>How must Federal agencies assign available parking spaces to their employees?</SUBJECT>
                  <SECTNO>102-74.310</SECTNO>
                  <SUBJECT>What measures must Federal agencies take to improve the utilization of parking facilities?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Smoking</HD>
                  <SECTNO>102-74.315</SECTNO>
                  <SUBJECT>What is the smoking policy for Federal facilities?</SUBJECT>
                  <SECTNO>102-74.320</SECTNO>
                  <SUBJECT>Are there any exceptions to this smoking policy for Federal facilities?</SUBJECT>
                  <SECTNO>102-74.325</SECTNO>
                  <SUBJECT>Who has the responsibility to determine which areas are to be smoking and which areas are to be nonsmoking areas?</SUBJECT>
                  <SECTNO>102-74.330</SECTNO>
                  <SUBJECT>Who must evaluate the need to restrict smoking at doorways and in courtyards?</SUBJECT>
                  <SECTNO>102-74.335</SECTNO>
                  <SUBJECT>Who is responsible for monitoring and controlling areas designated for smoking and for ensuring that these areas are identified by proper signs?</SUBJECT>
                  <SECTNO>102-74.340</SECTNO>
                  <SUBJECT>Who is responsible for signs on or near building entrance doors?</SUBJECT>
                  <SECTNO>102-74.345</SECTNO>
                  <SUBJECT>Does the smoking policy in this part apply to the judicial branch?</SUBJECT>
                  <SECTNO>102-74.350</SECTNO>
                  <SUBJECT>Are agencies required to meet their obligations under the Federal Service Labor-Management Relations Act where there is an exclusive representative for the employees prior to implementing this smoking policy?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Accident and Fire Prevention</HD>
                  <SECTNO>102-74.355</SECTNO>
                  <SUBJECT>With what accident and fire prevention standards must Federal facilities comply?</SUBJECT>
                  <SECTNO>102-74.360</SECTNO>
                  <SUBJECT>What are the specific accident and fire prevention responsibilities of occupant agencies?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Conduct on Federal Property</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Applicability</HD>
                  <SECTNO>102-74.365</SECTNO>
                  <SUBJECT>To whom does this subpart apply?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <PRTPAGE P="187"/>
                  <HD SOURCE="HED">Inspection</HD>
                  <SECTNO>102-74.370</SECTNO>
                  <SUBJECT>What items are subject to inspection by Federal agencies?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Admission to Property</HD>
                  <SECTNO>102-74.375</SECTNO>
                  <SUBJECT>What is the policy on admitting persons to Government property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Preservation of Property</HD>
                  <SECTNO>102-74.380</SECTNO>
                  <SUBJECT>What is the policy concerning the preservation of property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Conformity With Signs and Directions</HD>
                  <SECTNO>102-74.385</SECTNO>
                  <SUBJECT>What is the policy concerning conformity with official signs and directions?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Disturbances</HD>
                  <SECTNO>102-74.390</SECTNO>
                  <SUBJECT>What is the policy concerning disturbances?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Gambling</HD>
                  <SECTNO>102-74.395</SECTNO>
                  <SUBJECT>What is the policy concerning gambling?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Narcotics and Other Drugs</HD>
                  <SECTNO>102-74.400</SECTNO>
                  <SUBJECT>What is the policy concerning the possession and use of narcotics and other drugs?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Alcoholic Beverages</HD>
                  <SECTNO>102-74.405</SECTNO>
                  <SUBJECT>What is the policy concerning the use of alcoholic beverages?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Soliciting, Vending and Debt Collection</HD>
                  <SECTNO>102-74.410</SECTNO>
                  <SUBJECT>What is the policy concerning soliciting, vending and debt collection?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Posting and Distributing Materials</HD>
                  <SECTNO>102-74.415</SECTNO>
                  <SUBJECT>What is the policy for posting and distributing materials?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Photographs for News, Advertising or Commercial Purposes</HD>
                  <SECTNO>102-74.420</SECTNO>
                  <SUBJECT>What is the policy concerning photographs for news, advertising or commercial purposes?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Dogs and Other Animals</HD>
                  <SECTNO>102-74.425</SECTNO>
                  <SUBJECT>What is the policy concerning dogs and other animals on Federal property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Vehicular and Pedestrian Traffic</HD>
                  <SECTNO>102-74.430</SECTNO>
                  <SUBJECT>What is the policy concerning vehicular and pedestrian traffic on Federal property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Explosives</HD>
                  <SECTNO>102-74.435</SECTNO>
                  <SUBJECT>What is the policy concerning explosives on Federal property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Weapons</HD>
                  <SECTNO>102-74.440</SECTNO>
                  <SUBJECT>What is the policy concerning weapons on Federal property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Nondiscrimination</HD>
                  <SECTNO>102-74.445</SECTNO>
                  <SUBJECT>What is the policy concerning discrimination on Federal property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Penalties</HD>
                  <SECTNO>102-74.450</SECTNO>
                  <SUBJECT>What are the penalties for violating any rule or regulation in this subpart?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Impact on Other Laws or Regulations</HD>
                  <SECTNO>102-74.455</SECTNO>
                  <SUBJECT>What impact do the rules and regulations in this subpart have on other laws or regulations?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Occasional Use of Public Buildings</HD>
                <SECTNO>102-74.460</SECTNO>
                <SUBJECT>What is the scope of this subpart?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Application for Permit</HD>
                  <SECTNO>102-74.465</SECTNO>
                  <SUBJECT>Is a person or organization that wishes to use a public area required to apply for a permit from a Federal agency?</SUBJECT>
                  <SECTNO>102-74.470</SECTNO>
                  <SUBJECT>What information must persons or organizations submit so that Federal agencies may consider their application for a permit?</SUBJECT>
                  <SECTNO>102-74.475</SECTNO>
                  <SUBJECT>If an applicant proposes to use a public area to solicit funds, is the applicant required to make a certification?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Permits</HD>
                  <SECTNO>102-74.480</SECTNO>
                  <SUBJECT>How many days does a Federal agency have to issue a permit following receipt of a completed application?</SUBJECT>
                  <SECTNO>102-74.485</SECTNO>
                  <SUBJECT>Is there any limitation on the length of time of a permit?</SUBJECT>
                  <SECTNO>102-74.490</SECTNO>
                  <SUBJECT>What if more than one permit is requested for the same area and time?</SUBJECT>
                  <SECTNO>102-74.495</SECTNO>
                  <SUBJECT>If a permit involves demonstrations or activities that may lead to civil disturbances, what action must a Federal agency take before approving such a permit application?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Disapproval of Applications or Cancellation of Permits</HD>
                  <SECTNO>102-74.500</SECTNO>
                  <SUBJECT>Can Federal agencies disapprove permit applications or cancel issued permits?</SUBJECT>
                  <SECTNO>102-74.505</SECTNO>
                  <SUBJECT>What action must Federal agencies take after disapproving an application or canceling an issued permit?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Appeals</HD>
                  <SECTNO>102-74.510</SECTNO>
                  <SUBJECT>How may the disapproval of a permit application or cancellation of an issued permit be appealed?</SUBJECT>
                  <SECTNO>102-74.515</SECTNO>

                  <SUBJECT>Will the affected person or organization and the Federal agency buildings <PRTPAGE P="188"/>manager have an opportunity to state their positions on the issues?</SUBJECT>
                  <SECTNO>102-74.520</SECTNO>
                  <SUBJECT>How much time does the regional officer have to affirm or reverse the Federal agency building manager's decision after receiving the notification of appeal from the affected person or organization?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Schedule of Use</HD>
                  <SECTNO>102-74.525</SECTNO>
                  <SUBJECT>May Federal agencies reserve time periods for the use of public areas for official Government business or for maintenance, repair, and construction?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Hours of Use</HD>
                  <SECTNO>102-74.530</SECTNO>
                  <SUBJECT>When may public areas be used?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Services and Costs</HD>
                  <SECTNO>102-74.535</SECTNO>
                  <SUBJECT>What items may Federal agencies provide to permittees free of charge?</SUBJECT>
                  <SECTNO>102-74.540</SECTNO>
                  <SUBJECT>What are the items for which permittees must reimburse Federal agencies?</SUBJECT>
                  <SECTNO>102-74.545</SECTNO>
                  <SUBJECT>May permittees make alterations to the public areas?</SUBJECT>
                  <SECTNO>102-74.550</SECTNO>
                  <SUBJECT>What items are permittees responsible for furnishing?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Conduct</HD>
                  <SECTNO>102-74.555</SECTNO>
                  <SUBJECT>What rules of conduct must all permittees observe while on Federal property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Non-affiliation With the Government</HD>
                  <SECTNO>102-74.560</SECTNO>
                  <SUBJECT>May Federal agencies advise the public of the presence of any permittees and their non-affiliation with the Federal Government?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Installing, Repairing, and Replacing Sidewalks</HD>
                <SECTNO>102-74.565</SECTNO>
                <SUBJECT>What is the scope of this subpart?</SUBJECT>
                <SECTNO>102-74.570</SECTNO>
                <SUBJECT>Are State and local governments required to fund the cost of installing, repairing, and replacing sidewalks?</SUBJECT>
                <SECTNO>102-74.575</SECTNO>
                <SUBJECT>How do Federal agencies arrange for work on sidewalks?</SUBJECT>
                <SECTNO>102-74.580</SECTNO>
                <SUBJECT>Who decides when to replace a sidewalk?</SUBJECT>
                <APP>Appendix to Part 102-74—Rules and Regulations Governing Conduct on Federal Property</APP>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c); E.O. 12191, 45 FR 7997, 3 CFR, 1980 Comp., p 138.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>67 FR 76830, Dec. 13, 2002, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General Provisions</HD>
              <SECTION>
                <SECTNO>§ 102-74.5</SECTNO>
                <SUBJECT>What is the scope of this part?</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-74.10</SECTNO>
                <SUBJECT>What is the basic facility management policy?</SUBJECT>
                <P>Executive agencies must manage, operate and maintain Government-owned and leased buildings in a manner that provides for quality space and services consistent with their operational needs and accomplishes overall Government objectives. The management, operation and maintenance of buildings and building systems must:</P>
                <P>(a) Be cost effective and energy efficient;</P>
                <P>(b) Be adequate to meet the agencies' missions;</P>
                <P>(c) Meet nationally recognized standards; and</P>
                <P>(d) Be at an appropriate level to maintain and preserve the physical plant assets, consistent with available funding.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Facility Management</HD>
              <SECTION>
                <SECTNO>§ 102-74.15</SECTNO>
                <SUBJECT>What are the facility management responsibilities of occupant agencies?</SUBJECT>
                <P>Occupants of facilities under the custody and control of Federal agencies must:</P>
                <P>(a) Cooperate to the fullest extent with all pertinent facility procedures and regulations;</P>
                <P>(b) Promptly report all crimes and suspicious circumstances occurring on federally controlled property first to the regional law enforcement organization and other designated law enforcement agencies, and then through internal agency channels;</P>
                <P>(c) Provide training to employees regarding protection and responses to emergency situations; and</P>
                <P>(d) Make recommendations for improving the effectiveness of protection in Federal facilities.</P>
              </SECTION>
              <SUBJGRP>
                <PRTPAGE P="189"/>
                <HD SOURCE="HED">Occupancy Services</HD>
                <SECTION>
                  <SECTNO>§ 102-74.20</SECTNO>
                  <SUBJECT>What are occupancy services?</SUBJECT>
                  <P>Occupancy services are:</P>
                  <P>(a) Building services (see § 102-74.35);</P>
                  <P>(b) Concession services; and</P>
                  <P>(c) Conservation programs.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.25</SECTNO>
                  <SUBJECT>What responsibilities do executive agencies have regarding occupancy services?</SUBJECT>
                  <P>Executive agencies, upon approval from GSA, must manage, administer and enforce the requirements of agreements (such as Memoranda of Understanding) and contracts that provide for the delivery of occupancy services.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.30</SECTNO>
                  <SUBJECT>What standard in providing occupancy services must executive agencies follow?</SUBJECT>
                  <P>Executive agencies must provide occupancy services that substantially conform to nationally recognized standards. As needed, executive agencies may adopt other standards for buildings and services in federally-controlled facilities to conform to statutory requirements and to implement cost-reduction efforts.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.35</SECTNO>
                  <SUBJECT>What building services must executive agencies provide?</SUBJECT>
                  <P>Executive agencies, upon approval from GSA, must provide:</P>
                  <P>(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</P>
                  <P>(b) Arrangements for raising and lowering the United States flags at appropriate times. In addition, agencies must display P.O.W. and M.I.A. flags at locations specified in 36 U.S.C. 902 on P.O.W./M.I.A. flag display days.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Concession Services</HD>
                <SECTION>
                  <SECTNO>§ 102-74.40</SECTNO>
                  <SUBJECT>What are concession services?</SUBJECT>
                  <P>Concession services are any food or snack services provided by a Randolph-Sheppard Act vendor, commercial contractor or nonprofit organization (see definition in § 102-71.20 of this chapter), in vending facilities such as:</P>
                  <P>(a) Vending machines;</P>
                  <P>(b) Sundry facilities;</P>
                  <P>(c) Prepackaged facilities;</P>
                  <P>(d) Snack bars; and</P>
                  <P>(e) Cafeterias.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.45</SECTNO>
                  <SUBJECT>When must Federal agencies provide concession services?</SUBJECT>
                  <P>Federal agencies, upon approval from GSA, must provide concession services where building population supports such services and when the availability of existing commercial services is insufficient to meet Federal agency needs. Prior to establishing concessions, Federal agencies must ensure that:</P>

                  <P>(a) The proposed concession will be established and operated in conformance with applicable policies, safety, health and sanitation codes, laws, regulations, <E T="03">etc.,</E> and will not contravene the terms of any lease or other contractual arrangement;</P>
                  <P>(b) Sufficient funds are legally available to cover all costs for which the Government may be responsible; and</P>
                  <P>(c) All contracts will be financially self-supporting and not compete with nearby commercial enterprise.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.50</SECTNO>
                  <SUBJECT>May Federal agencies sell tobacco products in vending machines in Government-owned and leased space?</SUBJECT>
                  <P>No, Public Law 104-52, Section 636, prohibits the sale of tobacco products in vending machines in Government-owned and leased space. The Administrator of GSA or the head of an Agency may designate areas not subject to the prohibition, if minors are prohibited and reports are made to the appropriate committees of Congress.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.55</SECTNO>
                  <SUBJECT>Are commercial vendors and nonprofit organizations required to operate vending facilities by permit or contractual arrangement?</SUBJECT>
                  <P>Commercial vendors and nonprofit organizations must operate vending facilities, including cafeterias, under a contractual arrangement with Federal agencies.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="190"/>
                  <SECTNO>§ 102-74.60</SECTNO>
                  <SUBJECT>Are Federal agencies required to give blind vendors priority in operating vending facilities?</SUBJECT>

                  <P>With certain exceptions, the Randolph-Sheppard Act (20 U.S.C. 107 <E T="03">et seq.</E>) requires that blind persons licensed by a State licensing agency under the provisions of the Randolph-Sheppard Act be authorized to operate vending facilities on any Federal property, including leased buildings. The Randolph-Sheppard Act imposes an obligation on Federal agencies to give priority to Randolph-Sheppard Act vendors for vending facilities in buildings that they operate.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.65</SECTNO>
                  <SUBJECT>Are Randolph-Sheppard Act vendors required to operate vending facilities by permit or contractual agreement?</SUBJECT>
                  <P>Except for cafeterias, Randolph-Sheppard Act vendors must obtain a permit from a Federal agency prior to operating vending facilities. Randolph-Sheppard Act vendors operating a cafeteria must have a contractual agreement with a Federal agency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.70</SECTNO>
                  <SUBJECT>What information must be in a permit for a vending facility?</SUBJECT>
                  <P>In every permit for a vending facility, Federal agencies must describe the vending facility location and indicate:</P>
                  <P>(a) The name of the applicant State licensing agency;</P>
                  <P>(b) That the permit is issued for an indefinite period of time subject to suspension or termination on the basis of non-compliance with agreed upon terms;</P>
                  <P>(c) That the Government will not charge the State licensing agency for normal cleaning, maintenance and repair of the building structure in and immediately adjacent to the vending facility areas;</P>
                  <P>(d) That the State licensing agency is responsible for the costs associated with properly installing, cleaning, replacing, repairing, maintaining, and removing vending facilities and vending facility equipment;</P>
                  <P>(e) That blind licensees may sell newspapers, periodicals, publications, confections, tobacco products, foods, beverages, chances for any lottery authorized by State law and conducted by an agency of a State within such State, and other articles or services that the State licensing agency and the Government determine to be suitable for a particular location;</P>
                  <P>(f) That the blind licensee's articles and services may be dispensed automatically or manually and may be prepared on or off the premises;</P>
                  <P>(g) That the blind licensee is prohibited from selling tobacco products in vending machines in Government-owned and leased space, unless the Administer of General Services designates areas not subject to the prohibition;</P>
                  <P>(h) That vending facilities must be operated in compliance with applicable health, sanitation and building codes or ordinances;</P>
                  <P>(i) That the vendor must not install, modify, relocate, remove, or renovate vending facilities without the prior written approval and supervision of the Federal agency buildings manager and the State licensing agency;</P>
                  <P>(j) That the State licensing agency must pay for relocations that it initiates;</P>
                  <P>(k) That the Federal agency must pay for relocations that it initiates; and</P>
                  <P>(l) That the Federal agency must pay for all plumbing, electrical and mechanical costs related to the renovation of existing facilities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.75</SECTNO>
                  <SUBJECT>What responsibilities do State licensing agencies have in implementing the vending facility program for blind persons?</SUBJECT>
                  <P>State licensing agencies must:</P>
                  <P>(a) Prescribe necessary procedures so that when they select vendors and employees for vending facilities no discrimination occurs because of sex, race, age, creed, color, national origin, physical or mental disability, or political affiliation;</P>
                  <P>(b) Take the necessary action to assure that vendors do not discriminate against any persons in furnishing, or refusing to furnish, to such person or persons the use of any vending facility, including any and all services, privileges, accommodations, and activities provided thereby; and</P>

                  <P>(c) Take the necessary action to assure that vendors comply with Title VI of the Civil Rights Act of 1964 and the <PRTPAGE P="191"/>GSA regulations issued pursuant thereto.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.80</SECTNO>
                  <SUBJECT>Who has the initial responsibility for resolving vendor performance issues?</SUBJECT>
                  <P>The State licensing agency must attempt to resolve day-to-day problems pertaining to the operation of the vending facility in an informal manner with the participation of the blind vendor and the Federal agency building's manager.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.85</SECTNO>
                  <SUBJECT>What action must Federal agencies take if the State licensing agency is unable to informally resolve vendor performance issues?</SUBJECT>
                  <P>Federal agencies must report in writing any unresolved vendor issues concerning the terms of the permit, the Randolph-Sheppard Act, or the regulations in this part to the State licensing agency supervisory personnel, so that the issues may be formally addressed and resolved.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.90</SECTNO>
                  <SUBJECT>What information must Federal agencies report to the Secretary of Education concerning the vending facility program for blind persons?</SUBJECT>
                  <P>Federal agencies, upon approval from GSA, must report to the Secretary of Education at the end of each fiscal year:</P>
                  <P>(a) The total number of applications for vending facility locations received from State licensing agencies;</P>
                  <P>(b) The number of applications approved;</P>
                  <P>(c) The number of applications denied;</P>
                  <P>(d) The number of applications still pending;</P>
                  <P>(e) The total amount of vending machine income collected; and</P>
                  <P>(f) The amount of such vending machine income disbursed to the State licensing agency in each State.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.95</SECTNO>
                  <SUBJECT>Are Randolph-Sheppard Act vendors operating cafeterias required to meet the same contract performance requirements as commercial or nonprofit cafeteria operators?</SUBJECT>
                  <P>Yes, Randolph-Sheppard Act vendors must meet the same contract performance requirements as commercial or nonprofit cafeteria operators.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Conservation Programs</HD>
                <SECTION>
                  <SECTNO>§ 102-74.100</SECTNO>
                  <SUBJECT>What are conservation programs?</SUBJECT>
                  <P>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).</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Asset Services</HD>
                <SECTION>
                  <SECTNO>§ 102-74.105</SECTNO>
                  <SUBJECT>What are asset services?</SUBJECT>
                  <P>Asset services include repairs (other than those minor repairs identified in § 102-74.35(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.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.110</SECTNO>
                  <SUBJECT>What asset services must executive agencies provide?</SUBJECT>
                  <P>Executive agencies, upon approval from GSA, must provide asset services such as repairs (in addition to those minor repairs identified in § 102-74.35(a)), alterations, and modernizations for real property assets. For repairs and alterations projects for which the estimated cost exceeds the prospectus threshold, Federal agencies must follow the prospectus submission and approval policy identified in this part and part 102-73 of this chapter.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.115</SECTNO>
                  <SUBJECT>What standard in providing asset services must executive agencies follow?</SUBJECT>
                  <P>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.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="192"/>
                  <SECTNO>§ 102-74.120</SECTNO>
                  <SUBJECT>Is a prospectus required to be submitted before emergency alterations can be performed?</SUBJECT>
                  <P>No, a prospectus is not required to be submitted before emergency alterations can be performed. Federal agencies must immediately alter a building if the alteration protects people, buildings, or equipment; saves lives; and/or avoids further property damage. Federal agencies can take these actions in an emergency before GSA submits a prospectus on the alterations to the Committees for Public Works. GSA must submit a prospectus as soon as possible after the emergency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.125</SECTNO>
                  <SUBJECT>Are prospectuses required for reimbursable alteration projects?</SUBJECT>
                  <P>A project which is to be financed in whole or in part from funds appropriated to the requesting agency may be performed without a prospectus if:</P>
                  <P>(a) Payment is made from agency appropriations that are not subject to Section 7 of the Public Buildings Act of 1959 (40 U.S.C. 606); and</P>
                  <P>(b) GSA's portion of the cost, if any, does not exceed the prospectus threshold.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.130</SECTNO>
                  <SUBJECT>When a prospectus is required, can GSA prepare a prospectus for a reimbursable alteration project?</SUBJECT>
                  <P>Yes, if requested by a Federal agency, GSA will prepare a prospectus for a reimbursable alteration project.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.135</SECTNO>
                  <SUBJECT>Who selects construction and alteration projects that are to be performed?</SUBJECT>
                  <P>The Administrator of General Services selects construction and alteration projects to be performed.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.140</SECTNO>
                  <SUBJECT>On what basis does the Administrator select construction and alteration projects?</SUBJECT>
                  <P>The Administrator selects projects based on a continuing investigation and survey of the public building needs of the Federal Government. These projects must be equitably distributed throughout the United States, with due consideration given to each project's comparative urgency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.145</SECTNO>
                  <SUBJECT>What information must a Federal agency submit to GSA after the agency has identified a need for construction or alteration of a public building?</SUBJECT>
                  <P>Federal agencies identifying a need for construction or alteration of a public building must provide information, such as a description of the work, location, estimated maximum cost, and justification to the Administrator of General Services.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.150</SECTNO>
                  <SUBJECT>Who submits prospectuses for the construction or alteration of public buildings to the congressional committees?</SUBJECT>
                  <P>The Administrator of General Services must submit prospectuses for public building construction or alteration projects to the congressional committees for public buildings oversight for approval.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Energy Conservation</HD>
                <SECTION>
                  <SECTNO>§ 102-74.155</SECTNO>
                  <SUBJECT>What energy conservation policy must Federal agencies follow in the management of facilities?</SUBJECT>
                  <P>Federal agencies must:</P>
                  <P>(a) Comply with the energy conservation guidelines in 10 CFR part 436 (Federal Energy Management and Planning Programs); and</P>
                  <P>(b) Observe the energy conservation policies cited in this part.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.160</SECTNO>
                  <SUBJECT>What actions must Federal agencies take to promote energy conservation?</SUBJECT>
                  <P>Federal agencies must ensure that:</P>
                  <P>(a) Lights and equipment are turned off when not needed;</P>
                  <P>(b) Ventilation is not blocked or impeded; and</P>
                  <P>(c) Windows and other building accesses are closed during the heating and cooling seasons.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.165</SECTNO>
                  <SUBJECT>What energy standards must Federal agencies follow for existing facilities?</SUBJECT>

                  <P>Federal agencies must ensure that existing Federal facilities meet the energy standards prescribed by the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North American in ASHRAE/IES Standard 90A-1980, as amended by the <PRTPAGE P="193"/>Department of Energy. Federal agencies must apply these energy standards where they can be achieved through life cycle, cost effective actions.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.170</SECTNO>
                  <SUBJECT>May exceptions to the energy conservation policies in this subpart be granted?</SUBJECT>
                  <P>Yes, the Federal agency buildings manager may grant exceptions to the foregoing policies in this subpart to enable agencies to accomplish their missions more effectively and efficiently.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.175</SECTNO>
                  <SUBJECT>Are Government-leased buildings required to conform with the policies in this subpart?</SUBJECT>
                  <P>Yes, Federal agencies must ensure that all new lease contracts are in conformance with the policies prescribed in this subpart. Federal agencies must administer existing lease contracts in accordance with these policies to the maximum extent feasible.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.180</SECTNO>
                  <SUBJECT>What illumination levels must Federal agencies maintain on Federal facilities?</SUBJECT>
                  <P>Except where special circumstances exist, Federal agencies must maintain illumination levels at:</P>
                  <P>(a) 50 foot-candles at work station surfaces, measured at a height of 30 inches above floor level, during working hours (for visually difficult or critical tasks, additional lighting may be authorized by the Federal agency buildings manager);</P>
                  <P>(b) 30 foot-candles in work areas during working hours, measured at 30 inches above floor level;</P>
                  <P>(c) 10 foot-candles, but not less than 1 foot-candle, in non-work areas, to ensure safety during working hours (normally this will require levels of 5 foot-candles at elevator boarding areas, minimum of 1 foot-candle at the middle of corridors and stairwells as measured at the walking surface, 1 foot-candle at the middle of corridors and stairwells as measured at the walking surface, and 10 foot-candles in storage areas); and</P>
                  <P>(d) Levels essential for safety and security purposes, including exit signs and exterior lights.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.185</SECTNO>
                  <SUBJECT>What heating and cooling policy must Federal agencies follow in Federal facilities?</SUBJECT>
                  <P>Within the limitations of the building systems, Federal agencies must:</P>
                  <P>(a) Operate heating and cooling systems in the most overall energy efficient and economical manner;</P>
                  <P>(b) Maintain temperatures to maximize customer satisfaction by conforming to local commercial equivalent temperature levels and operating practices;</P>
                  <P>(c) Set heating temperatures no higher than 55 degrees Fahrenheit during non-working hours;</P>
                  <P>(d) Not provide air-conditioning during non-working hours, except as necessary to return space temperatures to a suitable level for the beginning of working hours;</P>
                  <P>(e) Not permit reheating, humidification and simultaneous heating and cooling; and</P>
                  <P>(f) Operate building systems as necessary during extreme weather conditions to protect the physical condition of the building.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.190</SECTNO>
                  <SUBJECT>Are portable heaters, fans and other such devices allowed in Government-controlled facilities?</SUBJECT>
                  <P>Federal agencies are prohibited from operating portable heaters, fans, and other such devices in Government-controlled facilities unless authorized by the Federal agency building's manager.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.195</SECTNO>
                  <SUBJECT>What ventilation policy must Federal agencies follow?</SUBJECT>
                  <P>During working hours in periods of heating and cooling, Federal agencies must provide ventilation in accordance with ASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality where physically practical. Where not physically practical, Federal agencies must provide the maximum allowable amount of ventilation during periods of heating and cooling and pursue opportunities to increase ventilation up to current standards. ASHRAE Standard 62 is available from ASHRAE Publications Sales, 1791 Tullie Circle NE, Atlanta, GA 30329-2305.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="194"/>
                  <SECTNO>§ 102-74.200</SECTNO>
                  <SUBJECT>What information are Federal agencies required to report to the Department of Energy (DOE)?</SUBJECT>
                  <P>Federal agencies, upon approval of GSA, must report to the DOE the energy consumption in buildings, facilities, vehicles, and equipment within 45 calendar days after the end of each quarter as specified in the DOE Federal Energy Usage Report DOE F 6200.2 Instructions.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Ridesharing</HD>
                <SECTION>
                  <SECTNO>§ 102-74.205</SECTNO>
                  <SUBJECT>What Federal facility ridesharing policy must executive agencies follow?</SUBJECT>
                  <P>In accordance with Executive Order 12191, “Federal Facility Ridesharing Program” (3 CFR, 1980 Comp., p. 138), executive agencies must actively promote the use of ridesharing (carpools, vanpools, privately-leased buses, public transportation, and other multi-occupancy modes of travel) by personnel working at Federal facilities to conserve energy, reduce congestion, improve air quality, and provide an economical way for Federal employees to commute to work.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.210</SECTNO>
                  <SUBJECT>What steps must executive agencies take to promote ridesharing at Federal facilities?</SUBJECT>
                  <P>To promote ridesharing at Federal facilities, agencies must:</P>
                  <P>(a) Establish an annual ridesharing goal for each facility;</P>
                  <P>(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; and</P>
                  <P>(c) Cooperate with State and local ridesharing agencies where such agencies exist.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.215</SECTNO>
                  <SUBJECT>What specific ridesharing information must executive agencies report to the Administrator of General Services?</SUBJECT>
                  <P>The head of each agency must submit to GSA by June 1 of each year a report that includes:</P>
                  <P>(a) The name, address, title, and telephone number of the agencywide Employee Transportation Coordinator (ETC);</P>
                  <P>(b) A narrative on actions taken and barriers encountered in promoting ridesharing within the agency;</P>
                  <P>(c) Information on any noticeable facility achievements; and</P>
                  <P>(d) A copy of instructions issued to the agency's facility ETC's for implementing the Federal Facility Ridesharing Program.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.220</SECTNO>
                  <SUBJECT>Where should executive agencies send their Federal Facility Ridesharing Reports?</SUBJECT>
                  <P>Agencies must send their Federal Facility Ridesharing Reports to the Office of Real Property (MP), General Services Administration, 1800 F Street, NW., Washington, DC 20405.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.225</SECTNO>
                  <SUBJECT>Are there any exceptions to these ridesharing reporting requirements?</SUBJECT>
                  <P>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.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Occupant Emergency Program</HD>
                <SECTION>
                  <SECTNO>§ 102-74.230</SECTNO>
                  <SUBJECT>Who is responsible for establishing an occupant emergency program?</SUBJECT>
                  <P>The Designated Official (as defined in § 102-71.20 of this chapter) is responsible for developing, implementing and maintaining an Occupant Emergency Plan (as defined in § 102-71.20 of this chapter). The Designated Official's responsibilities include establishing, staffing and training an Occupant Emergency Organization with agency employees. Federal agencies, upon approval from GSA, must assist in the establishment and maintenance of such plans and organizations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.235</SECTNO>
                  <SUBJECT>Are occupant agencies required to cooperate with the Designated Official in the implementation of the emergency plans and the staffing of the emergency organization?</SUBJECT>

                  <P>Yes, all occupant agencies of a facility must fully cooperate with the Designated Official in the implementation <PRTPAGE P="195"/>of the emergency plans and the staffing of the emergency organization.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.240</SECTNO>
                  <SUBJECT>What are Federal agencies' occupant emergency responsibilities?</SUBJECT>
                  <P>Federal agencies, upon approval from GSA, must:</P>
                  <P>(a) Provide emergency program policy guidance;</P>
                  <P>(b) Review plans and organizations annually;</P>
                  <P>(c) Assist in training of personnel;</P>
                  <P>(d) Otherwise ensure proper administration of Occupant Emergency Programs (as defined in § 102-71.20 of this chapter);</P>
                  <P>(e) Solicit the assistance of the lessor in the establishment and implementation of plans in leased space; and</P>
                  <P>(f) Assist the Occupant Emergency Organization (as defined in § 102-71.20 of this chapter) by providing technical personnel qualified in the operation of utility systems and protective equipment.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.245</SECTNO>
                  <SUBJECT>Who makes the decision to activate the Occupant Emergency Organization?</SUBJECT>
                  <P>The decision to activate the Occupant Emergency Organization must be made by the Designated Official, or by the designated alternate official. After normal duty hours, the senior Federal official present must represent the Designated Official or his/her alternates and must initiate action to cope with emergencies in accordance with the plans.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.250</SECTNO>
                  <SUBJECT>What information must the Designated Official use to make a decision to activate the Occupant Emergency Organization?</SUBJECT>
                  <P>The Designated Official must make a decision to activate the Occupant Emergency Organization based upon the best available information, including:</P>
                  <P>(a) An understanding of local tensions;</P>
                  <P>(b) The sensitivity of target agency(ies);</P>
                  <P>(c) Previous experience with similar situations;</P>
                  <P>(d) Advice from the Federal agency building's manager;</P>
                  <P>(e) Advice from the appropriate Federal law enforcement official; and</P>
                  <P>(f) Advice from Federal, State, and local law enforcement agencies.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.255</SECTNO>
                  <SUBJECT>How must occupant evacuation or relocation be accomplished when there is immediate danger to persons or property, such as fire, explosion or the discovery of an explosive device (not including a bomb threat)?</SUBJECT>
                  <P>The Designated Official must initiate action to evacuate or relocate occupants in accordance with the plan by sounding the fire alarm system or by other appropriate means when there is immediate danger to persons or property, such as fire, explosion or the discovery of an explosive device (not including a bomb threat).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.260</SECTNO>
                  <SUBJECT>What action must the Designated Official initiate when there is advance notice of an emergency?</SUBJECT>
                  <P>The Designated Official must initiate appropriate action according to the plan when there is advance notice of an emergency.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Parking Facilities</HD>
                <SECTION>
                  <SECTNO>§ 102-74.265</SECTNO>
                  <SUBJECT>Who must provide for the regulation and policing of parking facilities?</SUBJECT>
                  <P>Federal agencies, upon approval from GSA, must provide for any necessary regulation and policing of parking facilities, which may include:</P>
                  <P>(a) The issuance of traffic rules and regulations;</P>
                  <P>(b) The installation of signs and markings for traffic control. (Signs and markings must conform with the Manual on Uniform Traffic Control Devices published by the Department of Transportation);</P>
                  <P>(c) The issuance of citations for parking violations; and</P>
                  <P>(d) The immobilization or removal of illegally parked vehicles.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.270</SECTNO>
                  <SUBJECT>Are vehicles required to display parking permits in parking facilities?</SUBJECT>

                  <P>When the use of parking space is controlled as in § 102-74.265, all privately-owned vehicles other than those authorized to use designated visitor or service areas must display a parking permit. This requirement may be waived in parking facilities where the <PRTPAGE P="196"/>number of available spaces regularly exceeds the demand for such spaces.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.275</SECTNO>
                  <SUBJECT>May Federal agencies authorize lessors or parking management contractors to manage, regulate and police parking facilities?</SUBJECT>
                  <P>Yes, Federal agencies, upon approval from GSA, may authorize lessors or parking management contractors to manage, regulate and police parking facilities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.280</SECTNO>
                  <SUBJECT>Are privately-owned vehicles converted for propane carburetion permitted in underground parking facilities?</SUBJECT>
                  <P>Federal agencies must not permit privately-owned vehicles converted for propane carburetion to enter underground parking facilities unless the owner provides to the occupant agency and the Federal agency building's manager the installer's certification that the installation methods and equipment comply with National Fire Protection Association (NFPA) Standard No. 58.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.285</SECTNO>
                  <SUBJECT>How must Federal agencies assign priority to parking spaces in controlled areas?</SUBJECT>
                  <P>Federal agencies must reserve official parking spaces, in the following order of priority, for:</P>
                  <P>(a) Official postal vehicles at buildings containing the U.S. Postal Service's mailing operations.</P>
                  <P>(b) Federally-owned vehicles used to apprehend criminals, fight fires and handle other emergencies.</P>
                  <P>(c) Private vehicles owned by Members of Congress (but not their staffs).</P>
                  <P>(d) Private vehicles owned by Federal judges (appointed under Article III of the Constitution), which may be parked in those spaces assigned for the use of the Court, with priority for them set by the Administrative Office of the U.S. Courts.</P>
                  <P>(e) Other federally-owned and leased vehicles, including those in motor pools or assigned for general use.</P>
                  <P>(f) Service vehicles, vehicles used in child care center operations and vehicles of patrons and visitors. (Federal agencies must allocate parking for handicapped visitors whenever an agency's mission requires visitor parking.)</P>
                  <P>(g) Private vehicles owned by employees, using spaces not needed for official business.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.290</SECTNO>
                  <SUBJECT>May Federal agencies allow employees to use parking spaces not required for official needs?</SUBJECT>
                  <P>Yes, Federal agencies may allow employees to use parking spaces not required for official needs.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.295</SECTNO>
                  <SUBJECT>Who determines the number of employee parking spaces for each facility?</SUBJECT>
                  <P>The Federal agency buildings manager must determine the total number of spaces available for employee parking. Typically, Federal agencies must make a separate determination for each parking facility. However, in major metropolitan areas, Federal agencies may determine that allocations by zone would make parking more efficient or more equitably available.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.300</SECTNO>
                  <SUBJECT>How must space available for employee parking be allocated among occupant agencies?</SUBJECT>
                  <P>The Federal agency buildings manager must allocate space available for employee parking among occupant agencies on an equitable basis, such as by allocating such parking in proportion to each agency's share of building space, office space or total employee population, as appropriate. In certain cases, Federal agencies may allow a third party, such as a board composed of representatives of agencies sharing space, to determine proper parking allocations among the occupant agencies.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.305</SECTNO>
                  <SUBJECT>How must Federal agencies assign available parking spaces to their employees?</SUBJECT>
                  <P>Federal agencies must assign available parking spaces to their employees using the following order of priority:</P>
                  <P>(a) Severely handicapped employees (see definition in § 102-71.20 of this chapter).</P>
                  <P>(b) Executive personnel and persons who work unusual hours.</P>
                  <P>(c) Vanpool/carpool vehicles.</P>

                  <P>(d) Privately-owned vehicles of occupant agency employees that are regularly used for Government business at <PRTPAGE P="197"/>least 12 days per month and that qualify for reimbursement of mileage and travel expenses under Government travel regulations.</P>
                  <P>(e) Other privately-owned vehicles of employees, on a space-available basis. (In locations where parking allocations are made on a zonal basis, GSA and affected agencies may cooperate to issue additional rules, as appropriate.)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.310</SECTNO>
                  <SUBJECT>What measures must Federal agencies take to improve the utilization of parking facilities?</SUBJECT>
                  <P>Federal agencies must take all feasible measures to improve the utilization of parking facilities, including:</P>
                  <P>(a) The conducting of surveys and studies;</P>
                  <P>(b) The periodic review of parking space allocations;</P>
                  <P>(c) The dissemination of parking information to occupant agencies;</P>
                  <P>(d) The implementation of parking incentives that promote ridesharing;</P>
                  <P>(e) The use of stack parking practices, where appropriate; and</P>
                  <P>(f) The employment of parking management contractors and concessionaires, where appropriate.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Smoking</HD>
                <SECTION>
                  <SECTNO>§ 102-74.315</SECTNO>
                  <SUBJECT>What is the smoking policy for Federal facilities?</SUBJECT>
                  <P>Pursuant to Executive Order 13058, “Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace” (3 CFR, 1997 Comp., p. 216), it is the policy of the executive branch to establish a smoke-free environment for Federal employees and members of the public visiting or using Federal facilities. The smoking of tobacco products is prohibited in all interior space owned, rented or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.320</SECTNO>
                  <SUBJECT>Are there any exceptions to this smoking policy for Federal facilities?</SUBJECT>
                  <P>Yes, this smoking policy does not apply in:</P>
                  <P>(a) Designated smoking areas that are enclosed and exhausted directly to the outside and away from air intake ducts, and are maintained under negative pressure (with respect to surrounding spaces) sufficient to contain tobacco smoke within the designated area. Agency officials must not require workers to enter such areas during business hours while smoking is ongoing;</P>
                  <P>(b) Any residential accommodation for persons voluntarily or involuntarily residing, on a temporary or long-term basis, in a building owned, leased or rented by the Federal Government;</P>
                  <P>(c) Portions of federally-owned buildings leased, rented or otherwise provided in their entirety to nonfederal parties;</P>
                  <P>(d) Places of employment in the private sector or in other non-Federal governmental units that serve as the permanent or intermittent duty station of one or more Federal employees; and</P>
                  <P>(e) Instances where an agency head establishes limited and narrow exceptions that are necessary to accomplish agency missions. Such exceptions must be in writing, approved by the agency head, and to the fullest extent possible provide protection of nonsmokers from exposure to environmental tobacco smoke. Authority to establish such exceptions may not be delegated.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.325</SECTNO>
                  <SUBJECT>Who has the responsibility to determine which areas are to be smoking and which areas are to be nonsmoking areas?</SUBJECT>
                  <P>Agency heads have the responsibility to determine which areas are to be smoking and which areas are to be nonsmoking areas. In exercising this responsibility, agency heads will give appropriate consideration to the views of the employees affected and/or their representatives and are to take into consideration the health issues involved. Nothing in this section precludes an agency from establishing more stringent guidelines. Agencies in multi-tenant buildings are encouraged to work together to identify designated smoking areas.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.330</SECTNO>
                  <SUBJECT>Who must evaluate the need to restrict smoking at doorways and in courtyards?</SUBJECT>

                  <P>Agency heads must evaluate the need to restrict smoking at doorways and in courtyards under executive branch control to protect workers and visitors <PRTPAGE P="198"/>from environmental tobacco smoke, and may restrict smoking in these areas in light of this evaluation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.335</SECTNO>
                  <SUBJECT>Who is responsible for monitoring and controlling areas designated for smoking and for ensuring that these areas are identified by proper signs?</SUBJECT>
                  <P>Agency heads are responsible for monitoring and controlling areas designated for smoking and for ensuring that these areas are identified by proper signs. Suitable uniform signs reading “Designated Smoking Area” must be furnished and installed by the occupant agency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.340</SECTNO>
                  <SUBJECT>Who is responsible for signs on or near building entrance doors?</SUBJECT>
                  <P>Federal agency building's managers must furnish and install suitable, uniform signs reading “No Smoking Except in Designated Areas” on or near entrance doors of buildings subject to this section. It is not necessary to display a sign in every room of each building.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.345</SECTNO>
                  <SUBJECT>Does the smoking policy in this part apply to the judicial branch?</SUBJECT>
                  <P>This smoking policy applies to the judicial branch when it occupies space in buildings controlled by the executive branch. Furthermore, the Federal Chief Judge in a local jurisdiction may be deemed to be comparable to an agency head and may establish exceptions for Federal jurors and others as indicated in § 102-74.320(e).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.350</SECTNO>
                  <SUBJECT>Are agencies required to meet their obligations under the Federal Service Labor-Management Relations Act where there is an exclusive representative for the employees prior to implementing this smoking policy?</SUBJECT>

                  <P>Yes, where there is an exclusive representative for the employees, Federal agencies must meet their obligations under the Federal Service Labor-Management Relations Act (5 U.S.C. 7101 <E T="03">et seq.</E>) prior to implementing this section. In all other cases, agencies may consult directly with employees.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Accident and Fire Prevention</HD>
                <SECTION>
                  <SECTNO>§ 102-74.355</SECTNO>
                  <SUBJECT>With what accident and fire prevention standards must Federal facilities comply?</SUBJECT>
                  <P>To the maximum extent feasible, Federal agencies must manage facilities in accordance with the accident and fire prevention requirements identified in § 102-80.80 of this chapter.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-74.360</SECTNO>
                  <SUBJECT>What are the specific accident and fire prevention responsibilities of occupant agencies?</SUBJECT>
                  <P>Each occupant agency must:</P>
                  <P>(a) Participate in at least one fire drill per year;</P>
                  <P>(b) Maintain a neat and orderly facility to minimize the risk of accidental injuries and fires;</P>
                  <P>(c) Keep all exits, accesses to exits and accesses to emergency equipment clear at all times;</P>
                  <P>(d) Not bring hazardous, explosive or combustible materials into buildings unless authorized by appropriate agency officials and by GSA and unless protective arrangements determined necessary by GSA have been provided;</P>
                  <P>(e) Ensure that all draperies, curtains or other hanging materials are of non-combustible or flame-resistant fabric;</P>
                  <P>(f) Ensure that freestanding partitions and space dividers are limited combustible, and their fabric coverings are flame resistant;</P>
                  <P>(g) Cooperate with GSA to develop and maintain fire prevention programs that ensure the maximum safety of the occupants;</P>
                  <P>(h) Train employees to use protective equipment and educate employees to take appropriate fire safety precautions in their work;</P>
                  <P>(i) Ensure that facilities are kept in the safest condition practicable, and conduct periodic inspections in accordance with Executive Order 12196 and 29 CFR part 1960;</P>
                  <P>(j) Immediately report accidents involving personal injury or property damage, which result from building system or maintenance deficiencies, to the Federal agency building's manager; and</P>
                  <P>(k) Appoint a safety, health and fire protection liaison to represent the occupant agency with GSA.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="199"/>
              <HD SOURCE="HED">Subpart C—Conduct on Federal Property</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Applicability</HD>
                <SECTION>
                  <SECTNO>§ 102-74.365</SECTNO>
                  <SUBJECT>To whom does this subpart apply?</SUBJECT>
                  <P>The rules in this subpart apply to all property under the authority of the General Services Administration and to all persons entering in or on such property. Each occupant agency shall be responsible for the observance of these rules and regulations. Federal agencies must post the notice in the Appendix to this part at each public entrance to each Federal facility.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Inspection</HD>
                <SECTION>
                  <SECTNO>§ 102-74.370</SECTNO>
                  <SUBJECT>What items are subject to inspection by Federal agencies?</SUBJECT>
                  <P>Federal agencies may, at their discretion, inspect packages, briefcases and other containers in the immediate possession of visitors, employees or other persons arriving on, working at, visiting, or departing from Federal property. Federal agencies may conduct a full search of a person and the vehicle the person is driving or occupying upon his or her arrest.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Admission to Property</HD>
                <SECTION>
                  <SECTNO>§ 102-74.375</SECTNO>
                  <SUBJECT>What is the policy on admitting persons to Government property?</SUBJECT>
                  <P>Federal agencies must:</P>
                  <P>(a) Close property to the public during other than normal working hours. In those instances where a Federal agency has approved the after-normal-working-hours use of buildings or portions thereof for activities authorized by subpart D of this part, Federal agencies must not close the property (or affected portions thereof) to the public.</P>
                  <P>(b) Close property to the public during working hours only when situations require this action to ensure the orderly conduct of Government business. The designated official under the Occupant Emergency Program may make such decision only after consultation with the buildings manager and the highest ranking representative of the law enforcement organization responsible for protection of the property or the area. The designated official is defined in § 102-71.20 of this chapter as the highest ranking official of the primary occupant agency, or the alternate highest ranking offical or designee selected by mutual agreement by other occupant agency officials.</P>
                  <P>(c) Ensure, when property or a portion thereof is closed to the public, that admission to the property, or the affected portion, is restricted to authorized persons who must register upon entry to the property and must, when requested, display Government or other identifying credentials to Federal police officers or other authorized individuals when entering, leaving or while on the property. Failure to comply with any of the applicable provisions is a violation of these regulations.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Preservation of Property</HD>
                <SECTION>
                  <SECTNO>§ 102-74.380</SECTNO>
                  <SUBJECT>What is the policy concerning the preservation of property?</SUBJECT>
                  <P>All persons entering in or on Federal property are prohibited from:</P>
                  <P>(a) Improperly disposing of rubbish on property;</P>
                  <P>(b) Willfully destroying or damaging property;</P>
                  <P>(c) Stealing property;</P>
                  <P>(d) Creating any hazard on property to persons or things; or</P>
                  <P>(e) Throwing articles of any kind from or at a building or the climbing upon statues, fountains or any part of the building.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Conformity With Signs and Directions</HD>
                <SECTION>
                  <SECTNO>§ 102-74.385</SECTNO>
                  <SUBJECT>What is the policy concerning conformity with official signs and directions?</SUBJECT>
                  <P>Persons in and on property must at all times comply with official signs of a prohibitory, regulatory or directory nature and with the lawful direction of Federal police officers and other authorized individuals.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Disturbances</HD>
                <SECTION>
                  <SECTNO>§ 102-74.390</SECTNO>
                  <SUBJECT>What is the policy concerning disturbances?</SUBJECT>

                  <P>All persons entering in or on Federal property are prohibited from loitering, <PRTPAGE P="200"/>exhibiting disorderly conduct or exhibiting other conduct on property which:</P>
                  <P>(a) Creates loud or unusual noise or a nuisance;</P>
                  <P>(b) Unreasonably obstructs the usual use of entrances, foyers, lobbies, corridors, offices, elevators, stairways, or parking lots;</P>
                  <P>(c) Otherwise impedes or disrupts the performance of official duties by Government employees; or</P>
                  <P>(d) Prevents the general public from obtaining the administrative services provided on the property in a timely manner.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Gambling</HD>
                <SECTION>
                  <SECTNO>§ 102-74.395</SECTNO>
                  <SUBJECT>What is the policy concerning gambling?</SUBJECT>

                  <P>Except for the vending or exchange of chances by licensed blind operators of vending facilities for any lottery set forth in a State law and authorized by section 2(a)(5) of the Randolph-Sheppard Act (20 U.S.C. 107 <E T="03">et seq.</E>), all persons entering in or on Federal property are prohibited from:</P>
                  <P>(a) Participating in games for money or other personal property;</P>
                  <P>(b) Operating gambling devices;</P>
                  <P>(c) Conducting a lottery or pool; or</P>
                  <P>(d) Selling or purchasing of numbers tickets.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Narcotics and Other Drugs</HD>
                <SECTION>
                  <SECTNO>§ 102-74.400</SECTNO>
                  <SUBJECT>What is the policy concerning the possession and use of narcotics and other drugs?</SUBJECT>
                  <P>Except in cases where the drug is being used as prescribed for a patient by a licensed physician, all persons entering in or on Federal property are prohibited from:</P>
                  <P>(a) Being under the influence, using or possessing any narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines; or</P>
                  <P>(b) Operating a motor vehicle on the property while under the influence of alcoholic beverages, narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Alcoholic Beverages</HD>
                <SECTION>
                  <SECTNO>§ 102-74.405</SECTNO>
                  <SUBJECT>What is the policy concerning the use of alcoholic beverages?</SUBJECT>
                  <P>Except where the head of the responsible agency or his or her designee has granted an exemption in writing for the appropriate official use of alcoholic beverages, all persons entering in or on Federal property are prohibited from being under the influence or using alcoholic beverages. The head of the responsible agency or his or her designee must provide a copy of all exemptions granted to the buildings manager and the highest ranking representative of the law enforcement organization, or other authorized officials, responsible for the security of the property.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Soliciting, Vending and Debt Collection</HD>
                <SECTION>
                  <SECTNO>§ 102-74.410</SECTNO>
                  <SUBJECT>What is the policy concerning soliciting, vending and debt collection?</SUBJECT>
                  <P>All persons entering in or on Federal property are prohibited from soliciting commercial or political donations, vending merchandise of all kinds, displaying or distributing commercial advertising, or collecting private debts, except for:</P>
                  <P>(a) National or local drives for funds for welfare, health or other purposes as authorized by 5 CFR part 950, entitled “Solicitation Of Federal Civilian And Uniformed Service Personnel For Contributions To Private Voluntary Organizations,” and sponsored or approved by the occupant agencies;</P>
                  <P>(b) Concessions or personal notices posted by employees on authorized bulletin boards;</P>
                  <P>(c) Solicitation of labor organization membership or dues authorized by occupant agencies under the Civil Service Reform Act of 1978 (Pub. L. 95-454); and</P>
                  <P>(d) Lessee, or its agents and employees, with respect to space leased for commercial, cultural, educational, or recreational use under the Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 490(a)(16)). Public areas of GSA-controlled property may be used for other activities in accordance with subpart D of this part.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="201"/>
                <HD SOURCE="HED">Posting and Distributing Materials</HD>
                <SECTION>
                  <SECTNO>§ 102-74.415</SECTNO>
                  <SUBJECT>What is the policy for posting and distributing materials?</SUBJECT>
                  <P>All persons entering in or on Federal property are prohibited from:</P>
                  <P>(a) Distributing free samples of tobacco products in or around Federal buildings, under Public Law 104-52, Section 636.</P>
                  <P>(b) Posting or affixing materials, such as pamphlets, handbills, or flyers, on bulletin boards or elsewhere on GSA-controlled property, except as authorized in § 102-74.410, or when these displays are conducted as part of authorized Government activities.</P>
                  <P>(c) Distributing materials, such as pamphlets, handbills or flyers, unless conducted as part of authorized Government activities. This prohibition does not apply to public areas of the property as defined in § 102-71.20 of this chapter. However, any person or organization proposing to distribute materials in a public area under this section must first obtain a permit from the building's manager as specified in subpart D of this part. Any such person or organization must distribute materials only in accordance with the provisions of subpart D of this part. Failure to comply with those provisions is a violation of these regulations.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Photographs for News, Advertising or Commercial Purposes</HD>
                <SECTION>
                  <SECTNO>§ 102-74.420</SECTNO>
                  <SUBJECT>What is the policy concerning photographs for news, advertising or commercial purposes?</SUBJECT>
                  <P>Except where security regulations apply or a Federal court order or rule prohibits it, persons entering in or on Federal property may take photographs of:</P>
                  <P>(a) Space occupied by a tenant agency for non-commercial purposes only with the permission of the occupying agency concerned;</P>
                  <P>(b) Space occupied by a tenant agency for commercial purposes only with written permission of an authorized official of the occupying agency concerned; and</P>
                  <P>(c) Building entrances, lobbies, foyers, corridors, or auditoriums for news purposes.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Dogs and Other Animals</HD>
                <SECTION>
                  <SECTNO>§ 102-74.425</SECTNO>
                  <SUBJECT>What is the policy concerning dogs and other animals on Federal property?</SUBJECT>
                  <P>Except seeing eye dogs, other guide dogs and animals used to guide or assist handicapped persons, persons may not bring dogs or other animals on Federal property for other than official purposes.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Vehicular and Pedestrian Traffic</HD>
                <SECTION>
                  <SECTNO>§ 102-74.430</SECTNO>
                  <SUBJECT>What is the policy concerning vehicular and pedestrian traffic on Federal property?</SUBJECT>
                  <P>All vehicle drivers entering or while on Federal property:</P>
                  <P>(a) Must drive in a careful and safe manner at all times;</P>
                  <P>(b) Must comply with the signals and directions of Federal police officers or other authorized individuals;</P>
                  <P>(c) Must comply with all posted traffic signs;</P>
                  <P>(d) Must comply with any additional posted traffic directives approved by the GSA Regional Administrator, which will have the same force and effect as these regulations;</P>
                  <P>(e) Are prohibited from blocking entrances, driveways, walks, loading platforms, or fire hydrants; and</P>
                  <P>(f) Are prohibited from parking on Federal property without a permit. Parking without authority, parking in unauthorized locations or in locations reserved for other persons, or parking contrary to the direction of posted signs is prohibited. Vehicles parked in violation, where warning signs are posted, are subject to removal at the owner's risk and expense. Federal agencies may take as proof that a motor vehicle was parked in violation of these regulations or directives as prima facie evidence that the registered owner was responsible for the violation.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Explosives</HD>
                <SECTION>
                  <SECTNO>§ 102-74.435</SECTNO>
                  <SUBJECT>What is the policy concerning explosives on Federal property?</SUBJECT>

                  <P>No person entering or while on Federal property may carry or possess explosives, or items intended to be used to fabricate an explosive or incendiary <PRTPAGE P="202"/>device, either openly or concealed, except for official purposes.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Weapons</HD>
                <SECTION>
                  <SECTNO>§ 102-74.440</SECTNO>
                  <SUBJECT>What is the policy concerning weapons on Federal property?</SUBJECT>
                  <P>Federal law prohibits the possession of firearms or other dangerous weapons in Federal facilities and Federal court facilities by all persons not specifically authorized by Title 18, United States Code, Section 930. Violators will be subject to fine and/or imprisonment for periods up to five (5) years.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Nondiscrimination</HD>
                <SECTION>
                  <SECTNO>§ 102-74.445</SECTNO>
                  <SUBJECT>What is the policy concerning discrimination on Federal property?</SUBJECT>
                  <P>Federal agencies must not discriminate by segregation or otherwise against any person or persons because of race, creed, sex, color, or national origin in furnishing or by refusing to furnish to such person or persons the use of any facility of a public nature, including all services, privileges, accommodations, and activities provided on the property.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Penalties</HD>
                <SECTION>
                  <SECTNO>§ 102-74.450</SECTNO>
                  <SUBJECT>What are the penalties for violating any rule or regulation in this subpart?</SUBJECT>
                  <P>A person found guilty of violating any rule or regulation in this subpart while on any property under the charge and control of the U.S. General Services Administration shall be fined under title 18 of the United States Code, imprisoned for not more than 30 days, or both.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Impact on Other Laws or Regulations</HD>
                <SECTION>
                  <SECTNO>§ 102-74.455</SECTNO>
                  <SUBJECT>What impact do the rules and regulations in this subpart have on other laws or regulations?</SUBJECT>
                  <P>No rule or regulation in this subpart may be construed to nullify any other Federal laws or regulations or any State and local laws and regulations applicable to any area in which the property is situated (section 205(c), 63 Stat. 390; 40 U.S.C. 486(c)).</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Occasional Use of Public Buildings</HD>
              <SECTION>
                <SECTNO>§ 102-74.460</SECTNO>
                <SUBJECT>What is the scope of this subpart?</SUBJECT>
                <P>This subpart establishes rules and regulations for the occasional use of public areas of public buildings for cultural, educational and recreational activities as provided by the Public Buildings Cooperative Use Act of 1976 (Pub. L. 94-541).</P>
              </SECTION>
              <SUBJ