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Electronic Code of Federal Regulations

blue pill

e-CFR Data is current as of October 29, 2014

Title 41Subtitle CChapter 102Subchapter BPart 102-38


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 102-38—SALE OF PERSONAL PROPERTY

rule

Subpart A—GENERAL PROVISIONS

§102-38.5
What does this part cover?
§102-38.10
What is the governing authority for this part?
§102-38.15
Who must comply with these sales provisions?
§102-38.20
Must an executive agency follow the regulations of this part when selling all personal property?
§102-38.25
To whom do “we”, “you”, and their variants refer?
§102-38.30
How does an executive agency request a deviation from the provisions of this part?

Definitions

§102-38.35
What definitions apply to this part?

Responsibilities

§102-38.40
Who may sell personal property?
§102-38.45
What are an executive agency's responsibilities in selling personal property?
§102-38.50
What must we do when an executive agency suspects violations of 40 U.S.C. 559, fraud, bribery, or criminal collusion in connection with the disposal of personal property?
§102-38.55
What must we do when selling personal property?
§102-38.60
Who is responsible for the costs of care and handling of the personal property before it is sold?
§102-38.65
What if we are or the holding agency is notified of a Federal requirement for surplus personal property before the sale is complete?
§102-38.70
May the holding agency abandon or destroy personal property either prior to or after trying to sell it?
rule

Subpart B—SALES PROCESS

Methods of Sale

§102-38.75
How may we sell personal property?
§102-38.80
Which method of sale should we use?

Competitive Sales

§102-38.85
What is a sealed bid sale?
§102-38.90
What is a spot bid sale?
§102-38.95
What is an auction?

Negotiated Sales

§102-38.100
What is a negotiated sale?
§102-38.105
Under what conditions may we negotiate sales of personal property?
§102-38.110
Who approves our determinations to conduct negotiated sales?
§102-38.115
What are the specific reporting requirements for negotiated sales?
§102-38.120
When may we conduct negotiated sales of personal property at fixed prices (fixed price sale)?
§102-38.125
May we sell personal property at fixed prices to State agencies?

Advertising

§102-38.130
Must we publicly advertise sales of Federal personal property?
§102-38.135
What constitutes a public advertisement?
§102-38.140
What must we include in the public notice on sale of personal property?

Pre-Sale Activities

§102-38.145
Must we allow for inspection of the personal property to be sold?
§102-38.150
How long is the inspection period?

Offer to Sell

§102-38.155
What is an offer to sell?
§102-38.160
What must be included in the offer to sell?
§102-38.165
Are the terms and conditions in the offer to sell binding?
rule

Subpart C—BIDS

Buyer Eligibility

§102-38.170
May we sell Federal personal property to anyone?
§102-38.175
How do we find out if a person or entity has been suspended or debarred from doing business with the Government?
§102-38.180
May we sell Federal personal property to a Federal employee?
§102-38.185
May we sell Federal personal property to State or local governments?

Acceptance of Bids

§102-38.190
What is considered a responsive bid?
§102-38.195
Must bidders use authorized bid forms?
§102-38.200
Who may accept bids?
§102-38.205
Must we accept all bids?
§102-38.210
What happens when bids have been rejected?
§102-38.215
When may we disclose the bid results to the public?
§102-38.220
What must we do when the highest bids received have the same bid amount?
§102-38.225
What are the additional requirements in the bid process?

Bid Deposits

§102-38.230
Is a bid deposit required to buy personal property?
§102-38.235
What types of payment may we accept as bid deposits?
§102-38.240
What happens to the deposit bond if the bidder defaults or wants to withdraw his/her bid?

Late Bids

§102-38.245
Do we consider late bids for award?
§102-38.250
How do we handle late bids that are not considered?

Modification or Withdrawal of Bids

§102-38.255
May we allow a bidder to modify or withdraw a bid?

Mistakes in Bids

§102-38.260
Who makes the administrative determinations regarding mistakes in bids?
§102-38.265
Must we keep records on administrative determinations?
§102-38.270
May a bidder protest the determinations made on sales of personal property?
rule

Subpart D—COMPLETION OF SALE

Awards

§102-38.275
To whom do we award the sales contract?
§102-38.280
What happens when there is no award?

Transfer of Title

§102-38.285
How do we transfer title from the Government to the buyer for personal property sold?

Payments

§102-38.290
What types of payment may we accept?

Disposition of Proceeds

§102-38.295
May we retain sales proceeds?
§102-38.300
What happens to sales proceeds that neither we nor the holding agency are authorized to retain, or that are unused?

Disputes

§102-38.305
How do we handle disputes involved in the sale of Federal personal property?
§102-38.310
Are we required to use the Disputes clause in the sale of personal property?
§102-38.315
Are we required to use Alternative Disputes Resolution for sales contracts?
rule

Subpart E—OTHER GOVERNING STATUTES

§102-38.320
Are there other statutory requirements governing the sale of Federal personal property?

Antitrust Requirements

§102-38.325
What are the requirements pertaining to antitrust laws?
rule

Subpart F—REPORTING REQUIREMENTS

§102-38.330
Are there any reports that we must submit to the General Services Administration?
§102-38.335
Is there any additional personal property sales information that we must submit to the General Services Administration?
rule

Subpart G—PROVISIONS FOR STATE AND LOCAL GOVERNMENTS

§102-38.340
How may we sell personal property to State and local governments?
§102-38.345
Do we have to withdraw personal property advertised for public sale if a State Agency for Surplus Property wants to buy it?
§102-38.350
Are there special provisions for State and local governments regarding negotiated sales?
§102-38.355
Do the regulations of this part apply to State Agencies for Surplus Property (SASPs) when conducting sales?
rule

Subpart H—IMPLEMENTATION OF THE FEDERAL ASSET SALES PROGRAM

§102-38.360
What must an executive agency do to implement the eFAS program?
§102-38.365
Is a holding agency required to report property in “scrap” condition to its selected SC?
§102-38.370
What does a holding agency do with property which cannot be sold by its SC?


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