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Electronic Code of Federal Regulations

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e-CFR Data is current as of October 17, 2014

Title 41Subtitle CChapter 102Subchapter BPart 102-37


TITLE 41—Public Contracts and Property Management

Subtitle C—FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM (CONTINUED)

CHAPTER 102—FEDERAL MANAGEMENT REGULATION

SUBCHAPTER B—PERSONAL PROPERTY

PART 102-37—DONATION OF SURPLUS PERSONAL PROPERTY

rule

Subpart A—GENERAL PROVISIONS

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

Definitions

§102-37.25
What definitions apply to this part?

Donation Overview

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Can surplus property being offered for sale be withdrawn and approved for donation?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

Subpart B—GENERAL SERVICES ADMINISTRATION (GSA)

§102-37.90
What are GSA's responsibilities in the donation of surplus property?
§102-37.95
How will GSA resolve competing transfer requests?
§102-37.100
What factors will GSA consider in allocating surplus property among SASPs?
rule

Subpart C—HOLDING AGENCY

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

Subpart D—STATE AGENCY FOR SURPLUS PROPERTY (SASP)

§102-37.130
What are a SASP's responsibilities in the donation of surplus property?
§102-37.135
How does a SASP become eligible to distribute surplus property to donees?

State Plan of Operation

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

Screening and Requesting Property

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

Justifying Special Transfer Requests

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

Custody, Care, and Safekeeping

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

Distribution of Property

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

Service and Handling Charges

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

Disposing of Undistributed Property

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

Cooperative Agreements

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

Audits and Reviews

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

Reports

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

Liquidating a SASP

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

Subpart E—DONATIONS TO PUBLIC AGENCIES, SERVICE EDUCATIONAL ACTIVITIES (SEAS), AND ELIGIBLE NONPROFIT ORGANIZATIONS

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

Donee Eligibility

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

Conditional Eligibility

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

Terms and Conditions of Donation

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

Special Handling or Use Conditions

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

Release of Restrictions

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

Compliance and Utilization

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

Returns and Reimbursement

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

Special Provisions Pertaining to SEAs

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

Subpart F—DONATIONS TO PUBLIC AIRPORTS

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

Subpart G—DONATIONS TO THE AMERICAN NATIONAL RED CROSS

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

Subpart H—DONATIONS TO PUBLIC BODIES IN LIEU OF ABANDONMENT/DESTRUCTION

§102-37.560
What is a public body?
§102-37.565
What is the authority for donations to public bodies?
§102-37.570
What type of property may a holding agency donate under this subpart?
§102-37.575
Is there a special form for holding agencies to process donations?
§102-37.580
Who is responsible for costs associated with the donation?
Appendix
Appendix A to Part 102-37—Miscellaneous Donation Statutes
Appendix
Appendix B to Part 102-37—Elements of a State Plan of Operation
Appendix
Appendix C to Part 102-37—Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations


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