those instances where the holding office has reason to believe there may be general interest in the property. Instead, the holding office should make the availability of nonreportable property known to other Interior offices, and other Federal agencies in the area, to the extent the nature, amount, and condition of such property warrants. Often a telephone call to Federal agencies in the area may be all that is required to support a finding of excess and surplus.

(b) When no further Federal utilization is found for nonreportable personal property, a determination of surplus shall be made in writing and made a part of the disposal file. Surplus nonreportable property shall be processed for disposal in accordance with applicable provisions of FPMR 101-44 and 101-45.

Reportable available personal property shall be circularized to other Interior offices within a reasonable transport distance unless its nature, condition, or location virtually precludes economical utilization by such offices. Copies of available personal property listings shall also be sent to other Interior offices in accordance with listings provided by the Office of Administrative and Management Policy. Property not utilized by other Interior activities shall then be determined to be excess to the needs of the Department of the Interior and promptly reported to the appropriate GSA regional office in accordance with FPMR 101-43.311. The excess determination should be evidenced in writing and made a part of the disposal file.

§114-43.102-53 Documentation of transfers.

Property disposed of by transfer to another Accountable Officer within the holding bureau, to other bureaus of the Department of the Interior, and to other Federal agencies shall be recorded on Transfer of Property Form DI-104, or a modification thereof, to provide a document of entry to property records and accounts. Sufficient copies of the transfer document

should be prepared, signed, and distributed to satisfy the property and accounting requirements of both the transferor and the transferee offices.

Subpart 114-43.3—Utilization of Excess

§ 114-43.301 Federal Government procedure.

The objective of the policy that excess property is the first source of supply is to obtain effective and economical utilization of property already owned by the Federal Government. Effective and economical utilization can be determined only through evaluation of use and costs, and excess property may be acquired only when there is such an evaluation and:

(a) The property is needed to meet the known requirements of an authorized planned program; and

(b) Funds are available for the costs of acquisition and for the costs of repair or modification needed to comply with the minimum standards established by the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended.

§ 114-43.301-50 Economic considerations.

The head of each bureau and office is responsible for establishing procedures to ensure that excess property is not acquired unless there has been a determination that such acquisition is practicable and economically feasible. Such a determination requires consideration of the costs involved, including the costs of transportation, handling, and storage. When the proposed acquisition involves any type of machinery or equipment, consideration shall also be given to the following factors:

(a) The duration of the program and the frequency of use to determine any economic advantage of ownership versus loan or rental; and

(b) The nature of any repairs, modifications, and additional accessorial equipment required to bring the item up to the minimum standards of the Occupational Health and Safety Act, and the total costs involved.

8114-43.311-1 Reporting.

In accordance with 205 DM 9, the head of each bureau and office is authorized to report to the General Services Administration any personal property that has been determined to be excess to the needs of the Department. Prior to any such determination of excess:

(a) Available ADP equipment will be referred to the Office of ADP Management in accordance with 306 DM 5;

(b) Available aircraft will be referred to the Office of Aircraft Services in accordance with procedures established by that office;

(c) All types of books, periodicals, other publications, and related material will be referred to the Office of Library and Information Services in accordance with procedures established by that office;

(d) All other available personal property will be screened against Departmental needs in accordance with § 1144.3.102.

114-43.315 Transfers of excess property. The authority to transfer excess personal property to and from other Federal agencies has been delegated to the Heads of Bureaus and Offices in 205 DM 9.

§ 114-43.315-2 Information of availability.

Bureaus and Offices are encouraged to use GSA Form 1539 to make their needs for major or large equipment items known to GSA. Consideration of the use of excess property should not be limited to that which has been circularized by GSA as available for transfer. For example, the need for equipment items should be made known to GSA well in advance to provide the greatest opportunity to locate equipment which (a) is currently available from excess sources or (b) may be available, but has not been declared excess or circularized as available for utilization.

§ 114-43.315-3 Fair value reimbursement.

Transfers of available property within the Department of the Interior shall be made without exchange of funds, except that:

(a) The disposing Bureau or Office may elect to receive reimbursement at the GSA fair value where the property involved is reimbursable by law, unless such requirement for reimbursement can be satisfied or equitably avoided through appropriate accounting procedures.

(b) The receiving Bureau or Office shall pay the GSA fair value in all instances where the property being acquired will be carried in accounts, disposals from which are reimbursable.

§ 114-43.315-5 Procedure for effecting transfers.

In accordance with FPMR 10143.315-5, certain categories of any excess personal property may be transferred to other Federal agencies without prior GSA approval; however, such property may not be transferred until Departmental screening requirements have been met and no other Interior activity has indicated a need for the property.

§ 114-43.316 Contractor inventory.

(a) Before a contractor or subcontractor is authorized to retain or dispose of contractor inventory:

(1) The property must first be determined excess to Department of the Interior needs in accordance with IPMR 114-43.102.

(2) The types of property covered by FPMR 101-43.316-1(a) (1) through (8) must be determined surplus to all Federal agency needs.

(b) An equitable settlement must be made for any property retained by a contractor.

(c) When a contractor is authorized to dispose of contractor inventory by sale, such sale shall be by the competitive bid method, the bid price shall be approved by the contracting officer or his representative prior to award, and the proceeds shall be credited to the United States.

(d) Transfers of contractor inventory within the Department shall be without exchange of funds in all instances where any proceeds would be for deposit in miscellaneous receipts. Where the proceeds would be deposited otherwise, the extent of reimbursement will be determined by the disposing office, but in no case will it exceed the estimated fair market value of the property.

§ 114-43.317 Costs and proceeds.

§ 114-43.317-1 Costs of care and handling.

The acquiring office should not be billed for direct costs of transfers between Department of the Interior activities unless such costs are in excess of $100.00, and then only when the regional or finance office of the holding activity determines that reimbursement is necessary.

§ 114-43.319 Use of excess property on cost-reimbursement type contracts.

Bureaus and Offices are responsible for determining the use of excess personal property in their cost-reimbursement type contracts in accordance with FPMR 101-43.302, for establishing a system of accountability for such property, and for the ultimate re- assignment or disposition of the property.

§ 114-43.320 Use of excess property on grants.

Pub. L. 94-519 amended the Federal Property and Administrative Services Act of 1949 to prohibit Federal agencies from furnishing excess personal property for the use of grantees

§ 114-43.4701 Performance reports.

(a) The following supplemental instructions shall be followed in the preparation and submission of the annual report of the utilization of domestic excess personal property.

(1) Property excepted from reporting. The following transactions should not be included in the Standard Form 121 report:

(i) Transfers and sales of personal property made pursuant to the Exchange/Sale authority in section 201(c) of the Federal Property and Administrative Services Act of 1949, as amended.

(ii) Destruction, abandonment, or reduction to scrap of property as a result of board of survey action if such property was not, in fact, first determined to be excess or surplus. However, the proceeds from sales of all scrap should be reported on Line 11.

(2) Preparation of Standard Form 121.

Line 1. Reassigned within reporting agency. For the purposes of this report, the major organizational components of this Department are its Bureaus and Offices and it would not be feasible to report reassignments within these major components. Only transfers to other Bureaus and Offices should be reported.

Line 2. Include, as property not reported to GSA on Standard Form 120, all non-reportable items made available to GSA and State Surplus Property Agencies. Do not include property previously declared excess which was withdrawn for use within the reporting bureau or office.

Line 3. Do not include transfers to another Bureau or Office in the Department of the Interior.

Lines 4 and 5. Property expended to scrap and abandoned or destroyed. Property reported on these lines shall have been processed in accordance with Board of Survey procedures in § 114–60.9 of this chapter.

Line 6. Donated to public bodies. Report only property donated under the provisions of § 101-44.5 of this title, and include property donated to any Indian tribe as a public body.

Line 7. Other donations. Any entry on this line must be fully explained and justified.

(3) Submission of Standard Form 121. A consolidated report for each bureau and office shall be submitted, in duplicate, to the Director, Office of Administrative and Management Policy (PM), within 45 calendar days after the close of each fiscal year. Negative reports are required.

(b) The annual report of the utilization of foreign excess property shall be submitted to the Director, Office of Administrative and Management Policy (PM), within 60 calendar days after the close of each fiscal year. Negative reports are required and may be submitted in memorandum form in heu of Standard Form 365.

(c) The annual report of personal property furnished to non-Federal recipients shall be submitted to the Director, Office of Administrative and Management Policy (PM), within 60 calendar days after the close of each fiscal year. Negative reports are required.

PART 114-44-DONATION OF PERSONAL PROPERTY

Subparts 114-44.1—114-44.6 [Reserved] Subpart 114-44.7—Donations of Property to Public Bodies

Sec.

114-44.701 Findings justifying donation to public bodies.

114-44.701-1 General.

114-44.701-2 Reviewing authority. 114-44.701-50 Removal of identification markings.

Subparts 114-44.8—114–44.46 [Reserved]

Subpart 114-44.47-Reports

114-44.4701 Reports.

AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c). SOURCE: 43 FR 11580, Mar. 20, 1978, unless otherwise noted.

Subparts 114-44.1-114-44.6 [Reserved]

Subpart 114-44.7-Donations of
Property to Public Bodies

§114-44.701 Findings justifying donation to public bodies.

§ 114-44.701-1 General.

(a) The findings specified in FPMR 101-44.501-1(a) shall be documented in the form of an approved Report of Survey (see IPMR 114-60.9). The term "public body" includes Indian tribes.

§ 114-44.701-2 Reviewing authority.

All disposals under FPMR 114-44.7 are subject to approval by a reviewing authority in accordance with IPMR 114-60.9.

§ 114-44.701-50 Removal of identification markings.

When property is donated to a nonFederal public body, all identification markings which indicate that the property was previously owned by the Federal Government shall be removed prior to release to the donee.

Subparts 114-44.8-114-44.46 [Reserved]

Subpart 114-44.47-Reports

§ 114-44.4701 Reports.

(a) The annual report of the donation of surplus personal property shall be prepared and submitted in the same manner as the annual report of the utilization of domestic excess personal property (see §114-43.4701(a)). The reports shall be combined.

(b) The annual report of the donation of foreign excess property shall be prepared and submitted in the same manner as the annual report of the utilization of foreign excess property (see § 114-43.4701(b)). The reports shall be combined whenever practicable.

Subpart 114-45.3—Sale of Personal Property

114-45.302 Sale to Government employees. 114-45.303 Reporting property for sale. 114-45.303-3 Delivery.

114-45.304 Sales methods and procedures. 114-45.304-2 Negotiated sales and negotiat

ed sales at fixed prices.

114-45.304-6 Reviewing authority. 114-45.304-9 Credit.

114-45.316 Report on identical bids. 114-45.316-2 Reporting requirements and procedures.

114-45.317 Noncollusive bids and proposals.

114-45.317-50 Compliance review.

Subpart 114-45.5-Abandonment or
Destruction of Surplus Property

114-45.501 Findings justifying abandonment or destruction.

114-45.501-1 General.

114-45.501-2 Reviewing authority.

114-45.504 Abandonment or destruction without notice.

114-45.506 Abandonment or destruction of expendable property.

Subpart 114-45.6—Debarred and Suspended Bidders

Sec.

114-45.603 Notice of deparment or suspension.

Subpart 114-45.8—Mistakes in Bids

114-45.803 Other mistakes disclosed before award. 114-45.804 Mistakes disclosed after award.

Subpart 114-45.47-Reports

114-45.4701 Performance reports.

AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c). SOURCE: 43 FR 11580, Mar. 20, 1978, unless otherwise noted.

§114-45.000 Scope of part.

(a) This part applies to disposal by public sale, abandonment, or destruction of personal property under the jurisdiction of Bureaus and Offices of the Department of the Interior (including scrap, salvage, and waste material) when such property is no longer needed for use in authorized Federal agency programs or is replaced with a similar type of property. It applies to personal property located in the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

(b) This part does not apply to: (1) Foreign excess personal property or,

(2) Properties which are sold or otherwise disposed of pursuant to special statutes authorizing, directing, or requiring the Department of the Interior to dispose of specific properties such as helium, maps, electrical power, irrigation and municipal water, trust properties of the Bureau of Indian Affairs, and other properties which are disposed of in furtherance of Interior programs, except as provided in IPMR 114-45.316 and 114-45.317.

Subpart 114-45.1-General

§114-45.105-3 Exemptions.

(a) Any requests seeking an exemption from the provisions of FPMR Part 101-45 in accordance with FPMR 101-45.105-3(a), shall be prepared for