CHAPTER XXVIII-OFFICE OF OPERATIONS, DEPARTMENT OF AGRICULTURE Part 2810 2811 2812 Organization and functions-Office of Operations Page 34 34 36 PART 2810-ORGANIZATION AND FUNCTIONS-OFFICE OF OPER ATIONS Sec. 2810.1 General statement. 2810.2 Organization. 2810.3 Functions. AUTHORITY: 5 U.S.C. 301 and 552; 7 CFR 2.76. SOURCE: 54 FR 52013, Dec. 20, 1989, unless otherwise noted. § 2810.1 General statement. This part is issued in accordance with 5 U.S.C. 552(a) to provide guidance for the general public as to Office of Operations (OO) organization and functions. § 2810.2 Organization. The Office of Operations (OO) was established January 12, 1982. Delegations of authority to the Director, 00, appear at 7 CFR 2.76. The organization is comprised of six divisions and one staff located at Department headquarters. Description of the functions of these organizational units are in the following section. The organization is headed by a Director. § 2810.3 Functions. (a) Director. Provides executive direction for OO. Develops and promulgates overall policies and provides general direction, leadership, oversight, and coordination of USDA management of procurement, real and personal property activities, mail and copier management. Provides executive services to the Office of the Secretary and operates activities providing consolidated USDA administrative functions and services. (b) Deputy Director. Assists the Director, and in the absence of the Director, serves as Acting Director. (c) Administrative Unit. Provides support for agency management regarding budget, accounting, personnel, and other administrative matters. (d) Executive Services Division. Provides executive services to the Office of the Secretary in travel arrangements, supplies, furnishings, communications, equipment, and records. Operates the central USDA DC imprest fund. (e) Facilities Management Division. Operates and maintains the USDA DC headquarters building complex, including headquarters parking. Oversees management and operation of USDA buildings nationwide, and provides DC area labor services. (f) Mail and Reproduction Management Division. Oversees USDA mail, copier, and duplicating programs. Operates DC area central activities in these areas. (g) Personal Property Management Division. Oversees USDA supply, motor vehicle, and personal property programs. Operates centralized warehouse and property rehabilitation facilities. (h) Procurement Division. Oversees USDA procurement programs. Operates centralized purchasing operations for ADP and Washington area activities. (i) Real Property Management Division. Oversees USDA real property management programs. § 2811.1 General statement. This part is issued in accordance with 7 CFR 1.3 of the Department of Agriculture regulations governing the availability of records (7 CFR 1.1-1.23 and Appendix A) under the Freedom of Information Act (FOIA), 5 U.S.C. 552. The Department's regulations, as supplemented by the regulations in this part, provide guidance for any person wishing to request records from Office of Operations. § 2811.2 Public inspection and copying. (a) Background. 5 U.S.C. 552(a)(2) requires that each agency maintain and make available for public inspection and copying certain kinds of records. (b) Procedure. To gain access to 00 records that are available for public inspection, contact the division that maintains them. See Appendix A, List of Addresses, for the location and hours of operation. § 2811.3 Indexes. (a) Background. 15 U.S.C. 552(a)(2) also requires that each agency maintain and make available for public inspection and copying current indexes provided identifying information for the public with regard to any records which are made available for public inspection and copying. 00 does not maintain any materials within the scope of these requirements. § 2811.4 Initial requests for records. (a) Background. The head of each 00 division, each OO contracting officer, each OO leasing officer, and the 00 FOIA officer is authorized to: (1) Grant or deny requests for 00 records. (2) Make discretionary release of 00 records when it is determined that the public interest in disclosure outweighs the public and/or private ones in withholding. (3) Reduce or waive fees to be charged where determined to be appropriate. (4) Refer a request to the OO FOIA Officer for determination. (b) Procedures. Persons wishing to request records from the Office of Operations may do so as follows: (1) How. Submit each initial request for OO records as prescribed in 7 CFR 1.6. (2) Where. Submit each initial request to the head of the unit that maintains the records. See Appendix A, List of Addresses. Contact the FOIA Officer for guidance as needed. Or, submit the request to the FOIA Officer for forwarding to the proper officials: FOIA Officer, Office of Operations, USDA, Room 134-W Administration Building, 14th & Independence Avenue SW., Washington, DC 20250. § 2811.5 Appeals. Procedure. Any person whose initial request is denied in whole or in part may appeal that denial, in accordance with 7 CFR 1.6(e) and 1.8, to the Director, Office of Operations, USDA, Room 113-W Administration Building, 14th & Independence Avenue SW., Washington, DC 20250. § 2811.6 Fee schedule. Department regulations provide for a schedule of reasonable standard charges for document search and duplication. See 7 CFR 1.2(b). Fees to be charged are set forth in 7 CFR part 1, subpart A, appendix A. APPENDIX A TO PART 2811-LIST OF ADDRESSES Section 1. General This list provides the titles and mailing address of officials who have custody of 00 records. The normal working hours of these offices are 8:30 a.m. to 5:00 p.m., Monday through Friday, exclusing holidays, during which public inspection and copying of certain kinds of records is permitted. Section 2. LIST OF ADDRESSES All of the following addresses are located at 14th Street and Independence Avenue, Washington, DC. Address mail as follows: Director, Office of Operations, USDA, Room 113-W Administration Building, Washington, DC 20250. FOIA Officer, Office of Operations, USDA, Room 134-W Administration Building, Washington, DC 20250. Chief, Administrative Unit, Office of Operations, USDA, Room 134-W, Washington, DC 20250. Chief, Executive Services Division, Office of Chief, Personal Property Management Divi- PART 2812-DEPARTMENT OF AGRICULTURE GUIDELINES FOR THE DONATION OF EXCESS RESEARCH EQUIPMENT UNDER 15 U.S.C. 3710(i) Sec. 2812.1 Purpose. 2812.2 Eligibility. 2812.3 Definitions. 2812.4 Procedures. 2812.5 Restrictions. 2812.6 Title. 2812.7 Costs. 2812.8 Accountability and recordkeeping. 2812.9 Disposal. 2812.10 Liabilities and losses. APPENDIX A TO PART 2812-GIFT/ACCEPTANCE AGREEMENT: EDUCATIONAL INSTITUTION OR NONPROFIT ORGANIZATION AND THE UNITED STATES DEPARTMENT OF AGRICULTURE AUTHORITY: 5 U.S.C. 301. SOURCE: 60 FR 34456, July 3, 1995, unless otherwise noted. § 2812.1 Purpose. This part sets forth the procedures to be utilized by USDA agencies and laboratories in the donation of excess research equipment to educational institutions and non-profit organizations for the conduct of technical and scientific education and research activities as authorized by 15 U.S.C. 3710(i). Title to excess research equipment donated pursuant to 15 U.S.C. 3710(1), shall pass to the donee. § 2812.2 Eligibility. Eligible organizations are educational institutions or non-profit organizations involved in the conduct of technical and scientific educational and research activities. § 2812.3 Definitions. (a) Cannibalization. The dismantling of equipment for parts to repair or enhance other equipment. The residual is reported for disposal. Cannibalization is only authorized if the property value is greater when cannibalized than retention in the original condition. (b) Education-related Federal equipment. Equipment that is appropriate for educational purposes. (c) Excess personal property. Items of personal property no longer required by the controlling Federal agency. (d) Research equipment. Federal property determined to be essential to conduct scientific or technical educational research. (e) Technical and scientific education and research activities. Non-profit tax exempt public educational institutions or government sponsored research organizations which serve to conduct technical and scientific education and research. § 2812.4 Procedures. (a) Prior to receipt of excess personal property/equipment under this part, the donee shall enter into a gift/acceptance agreement with the donor agency. A copy of that agreement is attached as appendix A to this part. (b) Each agency head will designate in writing an authorized official to approve donations of excess property/ equipment under this part. (c) Property targeted for donation under this part will first be screened as excess by USDA agencies through the Departmental Excess Personal Property Coordinator (DEPPC) using the PMIS/PROP system. (d) Upon reporting property for excess screening, if the pertinent USDA agency has an eligible organization in mind for donation under this part, enter "P.L. 102–245” in the note field. The property will remain in the excess system approximately 30-45 days and, if no agency in USDA requests it during the excess cycle, DEPPC will send the agency a copy of the excess report stamped "DONATION AUTHORITY TO THE HOLDING AGENCY IN ACCORDANCE WITH P.L. 102–245.” (e) Donations under this Part will be accomplished by preparing a Standard Form (SF) 122, "Transfer Order-Excess Personal Property" and a written justification statement (submitted by the recipient) explaining why the property is needed. (f) The SF-122 should be signed by both an authorized official of the agency and the Agency Property Management Officer. The following information should also be provided. (1) Name and address of Donee Institution (Ship to) (2) Agency name and address (holding Agency) (3) Location of property (4) Shipping instructions (Donee contact person) (5) Complete description of property, including acquisition amount, serial no., condition code, quantity, and agency order no. (6) This statement needs to be added following property descriptions. "The property requested hereon is certified to be used for the conduct of technical and scientific education and research activities. This donation is pursuant to the provisions of Pub. L. 102-245." (g) Once the excess personal property/ equipment is physically received, the donee is required to immediately return a copy of the SF-122 to the donating agency indicating receipt of requested items. Cancellations should be reported to DEPPC so the property can be reported to the General Services Administration (GSA). NOTE: The USDA agency shall send an informational copy of the transaction to GSA. NOTE: Requests for items in FSC Groups or Classes other than the above should be referred to the agency head for consideration and approval. (b) Excess personal property/equipment may be donated for cannibalization purposes, provided the donee submits a supporting statement which clearly indicates that cannibalizing the requested property for secondary use has greater potential benefit than utilization of the item in its existing form. § 2812.6 Title. Title to excess personal property/ equipment donated under this Part will automatically pass to the donee once the sponsoring agency receives the SF122 indicating that the donee has received the property. § 2812.7 Costs. Donated excess personal property/ equipment is free of charge. However, the donee must pay all costs associated with packaging and transportation, unless the sponsoring agency has made other arrangements. The donee should specify the method of shipment. § 2812.8 Accountability and recordkeeping. USDA requires that property requested by a donee be placed into use by the donee within a year of receipt and used for at least 1 year thereafter. Donees must maintain accountable records for such property during this time period. § 2812.9 Disposal. When the property is no longer needed by the donee, it may be used in support of other Federal projects or sold and the proceeds used for technical and scientific education and research activities. § 2812.10 Liabilities and losses. USDA assumes no liability with respect to accidents, bodily injury, illness, or any other damages or loss related to excess personal property/equipment donated under this part. The donee is advised to insure or otherwise protect itself and others as appropriate. |