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Appendix to Subchapter G-List of Temporary Regulations

Editorial Note: The following is a list of temporary regulations, except delegations of authority, which relate to Federal property management and are in effect as of the revision date of this volume.

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101-42.301-2 Reporting to GSA.

101-42.302 Recovery of silver from used hypo solution and scrap film. 101-42.302-1 Agency responsibility. 101-42.302-2 General guidelines for the recovery of silver from used hypo solution. 101-42.302-3 General guidelines for the recovery of silver from scrap film. 101-42.302-4 Detailed guidelines for recovery of silver from used hypo solution and scrap film.

101-42.303 Recovery and utilization of precious metals through the Defense Precious Metals Recovery Program. 101-42.303-1 Recovery of precious metals

through the Defense Property Disposal Precious Metals Recovery Office (DPDP MRO).

101-42.303-2 Utilization of DOD-recovered precious metals as Government-furnished material (GFM) in Federal procurements.

Subpart 101-42.4-101-42.47—[Reserved]

Sec.

Subpart 101-42.48-Exhibits

101-42.4800 Scope of subpart. 101-42.4801 Intra-agency survey format for evaluating the recovery potential of activities not now recovering precious metals.

101-42.4802 Format for annual consolidated report to GSA on activities generating precious metals.

AUTHORITY: Sec. 205(c) 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: 34 FR 11494, July 11, 1969, unless otherwise noted.

§ 101-42.000 Scope of part.

This part prescribes the policies and procedures governing the use by executive agencies of GSA term contracts, Federal Prison Industries, Inc., and Workshops for the Blind and Other Severely Handicapped for the maintenance, repair, rehabilitation, and reclamation of personal property and for the operation of facilities performing such services located within the United States, the Commonwealth of Puerto Rico, the Commonwealth of Northern Marianas, American Samoa, Guam, the Trust Territory of the Pacific Islands, and the Virgin Islands. Military weapons systems, specialized technical and scientific equipment are exempt from this part.

[43 FR 26575, June 21, 1978]

§ 101-42.001 Definitions.

For the purposes of this Subchapter H the following terms shall have the meanings set forth in this section. [41 FR 22268, June 2, 1976]

§ 101-42.001-1 Maintenance.

"Maintenance" means the scheduled cleaning, servicing, and adjustment necessary to keep an article in a serviceable or satisfactory operating condition.

[41 FR 22268, June 2, 1976]

§ 101-42.001-2 Repair.

"Repair" means the restoration of an article to a serviceable and/or operable condition.

[41 FR 22268, June 2, 1976]

§ 101-42.001-3 Rehabilitation.

"Rehabilitation" means the restoration, reconditioning, renovation, or repair of serviceable/unserviceable or operable/inoperable articles to a near new condition. The word "rehabilitation" is also used in a generic sense to encompass services covered by this Part 101-42.

[41 FR 22268, June 2, 1976]

§ 101-42.001-4 Reclamation.

"Reclamation" means the recovery from articles of personal property of precious metals or critical materials having intrinsic value.

[41 FR 22268, June 2, 1976]

Subpart 101-42.1-Sources of Property Rehabilitation Services

§ 101-42.100 [Reserved]

§ 101-42.101 General.

GSA regional property rehabilitation organizational elements assist agencies in furthering maximum utilization of personal property by providing maintenance, repair, rehabilitation, and reclamation services. These services are made available through contracts with commercial firms, and through agreements with the National Industries for the Blind, the National Industries for the Severely Handicapped, and Federal repair facilities such as those operated by Federal Prison Industries, Inc. The services provided are primarily for domestic application but may be utilized to provide support for foreign assistance programs.

(a) The GSA Supply Catalog is published by the Federal Supply Service, GSA, to indicate sources of supply and services provided by GSA for the use of Federal agencies, including property rehabilitation type service contracts. The GSA Supply Catalog is

issued in accordance with Subpart 101-30.6

(b) GSA regional Federal Supply Service offices periodically issue bulletins to heads of Federal agencies to provide information concerning GSA service support for the maintenance, repair, rehabilitation, and reclamation of Government-owned personal property.

(c) A GSA regional Federal Supply Service office will, upon receipt of a written request from a Federal Agency serviced by that office, develop sources of services, evaluate contractor capabilities, and conduct surveys or studies to justify establishing term contracts for services not available at the time the needs arise.

[34 FR 11494, July 11, 1969, as amended at 39 FR 44753, Dec. 27, 1974; 43 FR 26575, June 21, 1978]

§ 101-42.102 GSA term contracts for services.

(a) GSA regional Federal Supply Service offices establish term contracts; prepare and issue term contract price schedules on a zonal, regional, or other area basis; and perform contract administration.

(b) Agency offices may be placed on a distribution list to receive term contracts in the form of price schedules applicable within specified areas upon request to the GSA regional Federal Supply Service office administering the contracts.

(c) Term contract price schedules are published in catalog style and list services available from contractors named therein. Notices of changes in the price schedules are furnished all agency offices receiving the schedules.

(d) The price schedules specify that agencies of the Federal Government will, unless excepted, issue purchase orders directly to contractors listed in the schedules; receive and inspect the shipments; and make payments directly to such contractors without referring the transactions to GSA. The price schedules provide for appropriate action in the event of delinquency or default on the part of any contractor.

[43 FR 26575, June 21, 1978]

§ 101-42.102-1 Primary source provisions.

(a) GSA term contracts shall be used as a primary source for meeting executive agencies' requirements in the areas of maintenance, repair, rehabilitation, and reclamation of personal property, to the extent provided for in such contracts. These term contracts and covering price schedules are, therefore, mandatory on agencies in the geographic areas designated. However, existing contracts to which those agencies are parties at the time the term contracts become effective will continue to be in effect until completion of such existing contracts.

(b) When an agency determines that services available from an existing term contract price schedule will not fill its required needs, a request to waive the requirement shall be submitted to the GSA regional Federal Supply Service office administering the contract. These requests shall specify the quantities involved, describe the difference between the services required and those listed in the price schedule, and give the reasons why the services will not meet the requirements. Waivers are not required in the case of public exigencies.

[34 FR 11494, July 11, 1969, as amended at 39 FR 44753, Dec. 27, 1974; 43 FR 26575, June 21, 1978]

§ 101-42.102-2 Optional use provisions.

Each GSA term contract price schedule contains provisions whereby, in addition to the agencies included under the primary source provision, all agencies and activities of the Federal Government, including the legislative and judicial branches, and other activities for which GSA is authorized by law to procure, may place orders under such schedules.

[43 FR 26575, June 21, 1978]

§ 101-42.102-3 Contract administration.

GSA regional Federal Supply Service offices administer service contracts for and on behalf of the contracting office with respect to: (a) Expediting orders; (b) evaluating the acceptability of contract workmanship; (c) ensuring contractor compliance with technical requirements of the contract; and (d)

assisting in the resolution of issues that may arise between ordering agencies and contractors concerning performance of contract provisions.

[39 FR 44753, Dec. 27, 1974]

Subpart 101-42.2-Property Rehabilitation Services Performed by Federal Facilities

§ 101-42.200 Scope of subpart.

This subpart prescribes the policies and procedures governing executive agency in-house repair facilities.

§ 101-42.201 Federal repair facilities.

Each agency shall evaluate, periodically, its in-house repair and reclamation facilities to determine if it is more economical to use established GSA sources as shown in § 101-42.101.

§ 101-42.202 Establishment, continuation, or expansion of repair facilities.

The establishment, continuation, or expansion of in-house commercial type repair and reclamation facilities shall be governed by the criteria set forth in Office of Management and Budget Circular No. A-76, Revised.

[38 FR 3046, Feb. 1, 1973)

§ 101-42.203 Notifications.

(a) Each executive agency shall furnish, if it has not already done so, to the appropriate GSA regional office serving that agency, information as to each Government-owned facility operated by it for the repair, maintenance, rehabilitation, or reclamation of personal property. Such information shall include the type of facility, personnel complement, capability, and geographical area served. Information as to Department of Defense facilities will pertain only to reconditioning or depot maintenance facilities for nonmilitary equipment.

(b) Before establishing or substantially expanding facilities for repair, maintenance, rehabilitation, or reclamation of personal property, agencies shall furnish specific details of the proposal to the General Services Administration (FW), Washington, D.C. 20406. The details should include type of facility, personnel complement, ca

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GSA has the responsibility for the initiation of Government-wide cious metals and critical materials recovery programs, and for the issuance and administration of applicable contracts, except those issued and administered by the Department of Defense for precious metal recovery and refinement operations. Situations will occur where, in terms of economy, efficiency, and environmental quality, it is in the best interest of the Government to recover precious metals and critical materials from articles of excess personal property in lieu of other methods of disposal. GSA will determine when Government-wide recovery is appropriate based on the supply-demand factor, the price of the commodity, the cost of recovering the precious metal or critical material, and applicable guidelines or regulations on pollution control, each given proper weight. Precious metals that may be designated for recovery are gold, silver, and metals in the platinum group. Examples of silver-bearing scrap and waste include

used photographic fixing (hypo) solution, photographic and Xray film, silver alloys, and dental scrap. Strategic and critical materials, lists of which may be issued from time to time as provided in § 101-14.106, may also be designated for recovery.

§ 101-42.301-1 Guidelines for conducting intra-agency surveys.

Each agency having activities that generate used photographic hypo solution, scrap film, or other precious metal-bearing scrap, and which has no precious metal recovery program shall periodically survey each such activity to evaluate recovery potential and implement recovery procedures when economically feasible. A copy of the original or updated survey shall be made available upon request to the General Services Administration (FWR), Washington, D.C. 20406. Section 101-42.4801 illustrates a suggested format for recording agency surveys. Each agency shall designate an individual to be responsible for coordinating the intraagency surveys, implementing recovery procedures, monitoring the recovery programs, and submitting the consolidated annual report prescribed in § 101-42.301-2.

[42 FR 40847, Aug. 12, 1977]

§ 101-42.301-2 Reporting to GSA.

Each agency generating silver or other precious metals (including used photographic hypo solution, scrap film, and other precious metal-bearing scrap) shall submit a consolidated annual report on its precious metal generating activities to the General Services Administration (FWR), Washington, DC 20406. Reports shall cover the entire fiscal year and be submitted within 45 calendar days after the close of each fiscal year. Section 101-42.4802 illustrates a suggested format for the report (Interagency Report Control Number 1529-GSA-AN) to show the number of activities recovering silver from used hypo solution, scrap film, and other silver-bearing scrap; the number of activities recovering other precious metal-bearing scrap; the amounts covered in terms of troy ounces; the method of recovery or disposal; and the agency estimate of savings for the report period.

[42 FR 40847, Aug. 12, 1977]

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§ 101-42.302 Recovery of silver from used hypo solution and scrap film. Heads of executive agencies shall be responsible for establishing, maintain

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