Code of Federal Regulations: Containing a Codification of Documents of ...

cost (as documented by GSA) less the costs of care and handling.

§ 201-33.010-3 Use of ADPE on project grants: Federal and project grantee responsibility.

The use of excess ADPE furnished to project grantees as provided in § 201-33.010-2 (d) and (e) is also subject to the following provisions:

(a) Grantee accountability for and disposal of such ADPE shall be governed by procedures established by the granting agency.

(b) Federal granting agencies shall limit the amount (in terms of original acquisition cost) of excess personal property transferred to a project grantee to the dollar value of the grant. Transfers in excess of this amount shall be fully justified. Federal approval or disapproval shall be made at a level above the project officer administering the grant.

(c) Federal granting agencies shall ensure that the provisions for use, maintenance, and return to Government custody or other disposal procedures for excess ADPE are included in the grant document.

(d) Federal grantor agencies shall develop and maintain procedures for the prevention or detection of situations involving the nonuse, improper use, or unauthorized disposal or destruction of excess ADPE loaned to or vested in grantees. This responsibility shall include compliance reviews, field inspections, and other enforcement procedures to monitor such property.

(e) Federal grantor agencies shall include the following information in their grant recordkeeping systems:

(1) The number of grantees using excess property;

(2) Total dollar value of property loaned to or vested in all grantees;

(3) Dollar value of property loaned to or vested in each grantee;

(4) Acquisition cost of loaned or vested items;

(5) Dollar value of each grant;

(6) Percentage of acquisition cost of loaned or vested excess property to the dollar value of each grant; and

(7) Date(s) of grant termination.

NOTE: Records are subject to audit by the Federal granting agency and by the General Accounting Office.

(f) Except when specifically authorized by statute to vest title in the grantee, Federal agencies, upon termination of a project grant in whole or in part, shall reassign Governmentfurnished ADPE to other Federal activities within the agency or to its cost-reimbursement type contractors. If no reassignment is made, the ADPE shall be reported as excess by the agency to GSA in accordance with § 201-33.011 and held by the grantee in accordance with §§ 201-33.007 and 201-33.008.

(g) Property obtained by a Federal agency from excess sources for other purposes shall not subsequently be furnished to a project grantee. (See § 201-33.002(d).)

§ 201-33.011 Reporting excess or change/sale ADPE.

Excess or exchange/sale ADPE shall be reported on an original and four copies of SF 120, Report of Excess Personal Property (illustrated in FAR 53.301-120), and when necessary, SF 120A, Continunation Sheet (Report of Excess Personal Property) or in equivalent electronic form. Any questions should be referred to the General Services Administration (KMAS), Washington, DC 20405, for resolution.

(a) The SF 120 shall be submitted to the above address by the holding agency at least 60 calendar days before the anticipated release date as determined by the holding agency. This report is exempt from reports control in accordance with FIRMR Subpart 201-45.6. Excess ADPE in the hands of Government contractors may be reported on an appropriate contractor inventory appended to an SF 120, provided that the reporting format includes an adequate commercial description and other appropriate data required by paragraph (b) of this section.

(b) Each SF 120 shall be numbered following a standard numbering system consisting of the FEDSTRIP or Department of Defense (DOD) activity address code of the reporting activity and the current Julian date. The report number, when combined with the four-digit assigned item number, allows each component to be separate

ly identified. Instructions for completing the SF 120 are found on the back of the form. Examples of SF 120s are illustrated in Appendix E of the FIRMR looseleaf edition.

(c) The SF 120 shall include the appropriate condition code designation as defined in FPMR § 101–43.4801 and shall contain the manufacturer's name, equipment type and model number, and full description of the ADPE to determine whether the ADPE may satisfy another agency's requirement. Since ADPE suppliers have adopted no uniform method of identifying certain ADPE systems, components, features, cables, or other devices, such as terminators and junction boxes used with the equipment, the complete nomenclature for this equipment as used by the supplier shall be identified and reported on the SF 120. Parts or devices shall not be removed after reporting the ADPE to GSA as excess. If any part or device has been removed from the ADPE, a statement identifying those parts or devices shall be made on the SF 120. In addition, the status of each individual component and feature shall be shown to indicate whether it is leased, purchased, or leased with option to purchase, the fair value shall be shown on the SF 120. The fair value is the difference between the original acquisition cost and accrued purchase option credits. Government-owned and -leased ADPE shall not be reported on the same SF 120.

(d) The words “Exchange/Sale Property" and the statement: "A written administrative determination has been or will be made to apply the exchange allowance or proceeds of sale to the acquisition of similar items by other than lease” shall be displayed prominently on the original and four copies of the SF 120 when reporting ADPE that is to be replaced pursuant to exchange/sale provisions of FPMR Part 101-46. Lease includes the acquisition of ADPE under any plan, e.g., fixed term, extended term rental, or other such plan wherein payments are still due. Without exception, both cash (sale) or exchange (trade-in) offers shall be solicited. The acquisition costs and the reimbursement required, which shall not be greater than the

cash (sale) or exchange ( trade-in) offer that the reporting agency has received for the specific ADPE, shall be shown on the SF 120. In addition, the following information must be forwarded with the SF 120:

(1) The identity of the offeror of the cash or exchange offer (enclose copy of offer with the SF 120);

(2) The type of replacement equipment;

(3) The method of acquisition for the replacement equipment;

(4) The anticipated purchase price for the replacement equipment;

(5) The delegation of procurement authority (DPA) number assigned by GSA for the replacement equipment if a DPA is required; and

(6) The name and telephone number of the contracting officer. Until this information is received, the equipment will not be entered into exchange/sale screening. Exchange/sale reports received with inadequate screening time (in noncompliance with the 60 day requirement in this § 201-33.011), will be disapproved and entered into screening as excess ADPE. If there is any change to a cash or exchange offer subsequent to the submission of an SF 120, a revised SF 120 indicating the new cash or exchange offer shall be promptly submitted to GSA. Agencies will be advised promptly, in writing, of the date the original or revised SF 120 is received by GSA. Such equipment shall not be sold or exchanged prior to written authorization from GSA. (SF 120 is illustrated in Appendix E of the looseleaf edition of the FIRMR.)

(e) Excess ADPE that is located on or within excess real property falling under the provisions of FPMR Part 101-47 shall be reported in accordance with this § 201-33.011. The SF 120 reporting this excess ADPE to GSA shall be so annotated.

[FIRMR Amdt. 1, 50 FR 4384, Jan. 30, 1985, as amended by FIRMR Amdt. 7, 51 FR 9960, Mar. 24, 1986; FIRMR Amdt. 15, 54 FR 2127, Jan. 19, 1989]

§ 201-33.011-1 Assignment of Automatic Release Date.

GSA will assign an Automatic Release Date (ARD) and a case number to each SF 120 and will promptly

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cost (as documented by GSA) less the costs of care and handling.

§ 201-33.010-3 Use of ADPE on project grants: Federal and project grantee responsibility.

The use of excess ADPE furnished to project grantees as provided in § 201-33.010-2 (d) and (e) is also subject to the following provisions:

(a) Grantee accountability for and disposal of such ADPE shall be governed by procedures established by the granting agency.

(c) Federal granting agencies shall ensure that the provisions for use, maintenance, and return to Government custody or other disposal procedures for excess ADPE are included in the grant document.

(e) Federal grantor agencies shall include the following information in their grant recordkeeping systems:

(1) The number of grantees using excess property;

(2) Total dollar value of property loaned to or vested in all grantees;

(3) Dollar value of property loaned to or vested in each grantee;

(4) Acquisition cost of loaned or vested items;

(5) Dollar value of each grant;

(6) Percentage of acquisition cost of loaned or vested excess property to the dollar value of each grant; and

(7) Date(s) of grant termination. NOTE: Records are subject to audit by the Federal granting agency and by the General Accounting Office.

(g) Property obtained by a Federal agency from excess sources for other purposes shall not subsequently be furnished to a project grantee. (See §201-33.002(d).)

§ 201-33.011 Reporting excess or change/sale ADPE.

ly identified. Instructions for completing the SF 120 are found on the back of the form. Examples of SF 120s are illustrated in Appendix E of the FIRMR looseleaf edition.

(c) The SF 120 shall include the appropriate condition code designation as defined in FPMR § 101-43.4801 and shall contain the manufacturer's name, equipment type and model number, and full description of the ADPE to determine whether the ADPE may satisfy another agency's requirement. Since ADPE suppliers have adopted no uniform method of identifying certain ADPE systems, components, features, cables, or other devices, such as terminators and junction boxes used with the equipment, the complete nomenclature for this equipment as used by the supplier shall be identified and reported on the SF 120. Parts or devices shall not be removed after reporting the ADPE to GSA as excess. If any part or device has been removed from the ADPE, a statement identifying those parts or devices shall be made on the SF 120. In addition, the status of each individual component and feature shall be shown to indicate whether it is leased, purchased, or leased with option to purchase, the fair value shall be shown on the SF 120. The fair value is the difference between the original acquisition cost and accrued purchase option credits. Government-owned and -leased ADPE shall not be reported on the same SF 120.

(d) The words "Exchange/Sale Property" and the statement: "A written administrative determination has been or will be made to apply the exchange allowance or proceeds of sale to the acquisition of similar items by other than lease" shall be displayed prominently on the original and four copies of the SF 120 when reporting ADPE that is to be replaced pursuant to exchange/sale provisions of FPMR Part 101-46. Lease includes the acquisition of ADPE under any plan, e.g., fixed term, extended term rental, or other such plan wherein payments are still due. Without exception, both cash (sale) or exchange (trade-in) offers shall be solicited. The acquisition costs and the reimbursement required, which shall not be greater than the

(1) The identity of the offeror of the cash or exchange offer (enclose copy of offer with the SF 120);

(2) The type of replacement equipment;

(3) The method of acquisition for the replacement equipment;

(4) The anticipated purchase price for the replacement equipment;

(5) The delegation of procurement authority (DPA) number assigned by GSA for the replacement equipment if a DPA is required; and

[FIRMR Amdt. 1, 50 FR 4384, Jan. 30, 1985, as amended by FIRMR Amdt. 7, 51 FR 9960, Mar. 24, 1986; FIRMR Amdt. 15, 54 FR 2127, Jan. 19, 1989]

§ 201-33.011-1 Assignment of Automatic Release Date.

GSA will assign an Automatic Release Date (ARD) and a case number to each SF 120 and will promptly

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advise the reporting agency of this action in writing. When it is necessary to extend an assigned ARD in order to reutilize ADPE, GSA will coordinate such action with the reporting agency.

§ 201-33.011-2 Withdrawal of reports of excess or exchange/sale ADPE.

(a) A written request (letter or amended SF 120) for the withdrawal 120 will normally be approved by GSA only if received within 15 workdays from the date the SF 120 was received by GSA. This request shall reference the assigned GSA case number and provide a statement which indicates the specific use to be made of the withdrawn equipment. Examples of specific use are contained in § 20133.003-2(a)(2). Disposition of property shall not be made until after approval of withdrawal is received from GSA. GSA will not approve the withdrawal of equipment for cannibalization or maintenance by redundancy until it is first determined that there is not a more economical use within the Government.

(b) Agencies shall not request withdrawal of excess ADPE for other uses unless fully justified in accordance with agency approval procedures and cost benefit analyses which take into account the program and cost benefits to be derived by the new uses of the ADPE, the cost of operating and maintaining the ADPE, and, alternatively, the cost of acquiring and operating other ADPE to serve the same purposes.

(c) ADPE withdrawn in accordance with these provisions which subsequently becomes excess must be reported excess again in accordance with the provisions of § 201-33.011.

§ 201-33.011-3 Corrections to reports of excess or exchange/sale ADPE. Corrections to previously submitted reports of excess or exchange/sale ADPE shall be made on a properly completed SF 120 which references the assigned GSA case number.

§ 201-33.011-4 Annual reporting requirements.

FPMR Subpart 101-43.47 provides guidance on the annual reporting re

quirements on the utilization and disposal of all personal property.

§ 201-33.012 Reuse of outdated ADPE.

(a) Outdated ADPE may be used to satisfy requirements only if it is the lowest overall cost means of fulfilling the Government need, price, and other factors considered over the system/ item life. Requesting agencies shall conduct an obsolescence review in accordance with § 201-30.009-2 before they make a request to reuse outdated ADPE including exchange/sale and excess ADPE. GSA will not list outdated ADPE on availability lists. GSA will normally process the SF 120 for excess ADPE that is outdated directly to the GSA regions for surplus disposal after review as provided in paragraph (b) of this section. GSA will review the SF 120 for exchange/sale ADPE that is outdated prior to processing as provided in paragraph (b) of this § 20133.012.

(b) Agencies may initiate action to request transfer and reuse of outdated ADPE in accordance with the following procedures. Under certain limited circumstances reuse of outdated ADPE will provide the lowest overall cost solution to satisfying an ADP requirement. When an agency determines it has such a requirement, it shall provide a description of the ADPE and a copy of the obsolescence review to GSA (KMA), Washington, DC 20405. This GSA office will review the justification and either (i) approve the request and advise GSA (KMAS) to authorize transfer to the agency or (ii) advise the requesting agency of GSA denial of the reuse.

[FIRMR Amdt. 7, 51 FR 9960, Mar. 24, 1986, as amended at FIRMR Amdt. 15, 54 FR 2127, Jan. 19, 1989]

PARTS 201-34-201-37 [RESERVED]

PART 201-38-MANAGEMENT OF TELECOMMUNICATION RESOURCES

Sec.

201-38.000 Scope of part. 201-38.001 General. [Reserved] 201-38.002 Planning.

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