Federal Management Regulation § 102–35.20

(b) Maximize the use of excess prop- Acquisition cost means the original erty as the first source of supply to purchase price of an item. minimize expenditures for the purchase Capitalized Personal Property includes of new property, when practicable; property that is entered on the agen- NOTE TO § 102–35.15(B): If there are com- cy’s general ledger records as a major peting requests among Federal agen- investment or asset. An agency must cies for excess property, preference will determine its capitalization thresholds be given to agencies where the transfer as discussed in Financial Accounting will avoid a new Federal procurement. Standard Advisory Board (FASAB) A transfer to an agency where the Statement of Federal Financial Ac- agency will provide the property to a counting Standards No. 6 Accounting non-Federal entity for the non-Federal for Property, Plant and Equipment, entity’s use will be secondary to Fed- Chapter 1, paragraph 13. eral use. Control means the ongoing function (c) Achieve maximum public benefit of maintaining physical oversight and from the use of Government property surveillance of personal property through the donation of surplus per- throughout its complete life cycle sonal property to State and local pub- using various property management lic agencies and other eligible non-Fed- tools and techniques taking into ac- eral recipients; count the environment in which the (d) Obtain the optimum monetary re- property is located and its vulner- turn to the Government for surplus ability to theft, waste, fraud, or abuse. personal property sold and personal Excess personal property (see § 102–36.40 property sold under the exchange/sale of this subchapter B). authority; and Exchange/sale (see § 102–39.20 of this (e) Reduce management and inven- subchapter B). tory costs by appropriate use of the Executive agency (see § 102–36.40 of this abandonment/destruction authority to subchapter B). dispose of unneeded personal property Federal agency (see § 102–36.40 of this that has no commercial value or for subchapter B). which the estimated cost of continued Foreign gifts and decorations (for the care and handling would exceed the es- definition of relevant terms, see § 102– timated sales proceeds (see FMR §§ 102– 42.10 of this subchapter B). 36.305 through 102–36.330). Forfeited property (see § 102–41.20 of this subchapter B). § 102–35.20 What definitions apply to Inventory includes a formal listing of GSA’s personal property regula- all accountable property items as- tions? signed to an agency, along with a for- The following are definitions of, or mal process to verify the condition, lo- cross-references to, some key terms cation, and quantity of such items. that apply to GSA’s personal property This term may also be used as a verb to regulations in the FMR (CFR Parts indicate the actions leading to the de- 102–36 through 102–42). Other personal velopment of a listing. In this sense, an property terms are defined in the sec- inventory must be conducted using an tions or parts to which they primarily actual physical count, electronic apply. means, and/or statistical methods. Accountable Personal Property in- National property management officer cludes nonexpendable personal prop- means an official, designated in accord- erty whose expected useful life is two ance with § 102–36.45(b) of this sub- years or longer and whose acquisition chapter B, who is responsible for ensur- value, as determined by the agency, ing effective acquisition, use, and dis- warrants tracking in the agency’s posal of excess property within your property records, including capitalized agency. and sensitive personal property. Personal property (see § 102–36.40 of Accountability means the ability to this subchapter B). account for personal property by pro- Property management means the sys- viding a complete audit trail for prop- tem of acquiring, maintaining, using erty transactions from receipt to final and disposing of the personal property disposition. of an organization or entity.

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Seized property means personal prop- (see §§ 102–36.305 through 102–36.330 and erty that has been confiscated by a § 102–38.70 of this subchapter B). Federal agency, and whose care and (c) You must implement policies and handling will be the responsibility of procedures to remove sensitive or clas- that agency until final ownership is de- sified information from property prior termined by the judicial process. to disposal. Agency-affixed markings Sensitive Personal Property includes should be removed, if at all possible, all items, regardless of value, that re- prior to personal property permanently quire special control and account- leaving your agency’s control. ability due to unusual rates of loss, (d) Government-owned personal prop- theft or misuse, or due to national se- erty may only be used as authorized by curity or export control consider- your agency. Title to Government- ations. Such property includes weap- owned personal property cannot be ons, ammunition, explosives, informa- transferred to a non-Federal entity un- tion technology equipment with mem- less through official procedures specifi- ory capability, cameras, and commu- cally authorized by law. nications equipment. These classifications do not preclude agencies from PART 102–36—DISPOSITION OF specifying additional personal property EXCESS PERSONAL PROPERTY classifications to effectively manage their programs. Subpart A—General Provisions Surplus personal property (see § 102– 37.25 of this subchapter B). Sec. Utilization means the identification, 102–36.5 What is the governing authority for reporting, and transfer of excess per- this part? sonal property among Federal agen- 102–36.10 What does this part cover? cies. 102–36.15 Who must comply with the provisions of this part? § 102–35.25 What management reports 102–36.20 To whom do ‘‘we’’, ‘‘you’’, and must we provide? their variants refer? 102–36.25 How do we request a deviation (a) There are three reports that must from these requirements and who can ap- be provided. The report summarizing prove it? the property provided to non-Federal 102–36.30 When is personal property excess? recipients and the report summarizing 102–36.35 What is the typical process for dis- exchange/sale transactions (see §§ 102– posing of excess personal property? 36.295 and 102–39.75 respectively of this DEFINITIONS subchapter B) must be provided every year (negative reports are required). In 102–36.40 What definitions apply to this addition, if you conduct negotiated part? sales of surplus personal property val- RESPONSIBILITY ued over $5,000 in any year, you must report this transaction in accordance 102–36.45 What are our responsibilities in the management of excess personal prop- with § 102–38.115 (negative reports are erty? not required for this report). 102–36.50 May we use a contractor to per- (b) The General Services Administra- form the functions of excess personal tion (GSA) may request other reports property disposal? as authorized by 40 U.S.C. 506(a)(1)(A). 102–36.55 What is GSA’s role in the disposition of excess personal property? § 102–35.30 What actions must I take or am I authorized to take regardless Subpart B—Acquiring Excess Personal of the property disposition method? Property For Our Agency

Regardless of the disposition method ACQUIRING EXCESS used: (a) You must maintain property in a 102–36.60 Who is eligible to acquire excess safe, secure, and cost-effective manner personal property as authorized by the Property Act? until final disposition. 102–36.65 Why must we use excess personal (b) You have authority to use the property instead of buying new property? abandonment/ destruction provisions 102–36.70 What must we consider when ac- at any stage of the disposal process quiring excess personal property?

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