ville, Ky.; Minneapolis, Minn.; Nashville, Tenn.; New Orleans, La.; New York, N. Y.; Tulsa, Okla.; Omaha, Neb.; Philadelphia, Pa.; Portland, Oregon; Richmond, Va.; St. Louis, Mo.; Salt Lake City, Utah; San Antonio, Tex.; San Francisco, Calif.; Seattle, Wash.; Spokane, Wash.

(b) Functions. These regional offices under the direction of a regional director, administer all activities of the War Assets Administration within the area of jurisdiction assigned to each, in accordance with the Surplus Property Act as amended, and regulations, directives and orders issued pursuant thereto in accordance with instructions and procedures issued by the Washington office. In general, the regional office organization and its assignment of functions follows the same basic pattern of that described for the Washington office in Part 8401 of this chapter.

(c) Authority. In general, regional directors are authorized to exercise wide authority and responsibility with respect to the administration of the War Assets Administration program within their assigned region without reference to the Washington office except as might be specifically provided for in the War Assets Administration regulations and procedures; and they are further authorized to redelegate to subordinate officials such part of that authority as they deem necessary for effective administration. They are specifically authorized to award and execute contracts, documents, and other instruments necessary to effectuate the disposal of surplus property in accordance with applicable instructions as issued by the Washington office; approve and make refunds and price adjustments without limitation as to amount in cases involving payment received in error, return of deposits to unsuccessful bidders, errors in computation and other overpayment not involving legal questions or controversial facts; approve and make adjustment of claims, up to $2,000 in the instance of any one sales contract, as may be authorized by and warranted under either express warranties or so called “equitable adjustment clauses" contained in conditions of sale in sales memoranda and contracts; administer and conduct all personnel actions with respect to officers, employees, or applicants for employment within their respective regions involving positions below the level of division chief ex

cept those relating to suspensions from duty or separations from the service for cause; order or approve irregular or occasional overtime duty in excess of a 40 hour administrative work week; administer oaths as required by law in connection with employment; appoint Efficiency Rating Committees; execute the certificate as required by the act of March 3, 1905 (33 Stat. 1213; 44-U. S. C. 118) as to the necessity for the use of illustrations, engravings, or photographs in connection with the transaction of revisions; to order against contracts currently in force at the time of issuance, the publication in newspapers or advertisements, notices and proposals relating to the disposal of surplus property pursuant to the provisions of section 3828 of the Revised Statutes (44 U. S. C. 324); execute the certificate covering the use of the telephone for official long distance telephone calls as required under section 4 of the act approved May 10, 1939. (53 Stat. 738; 31 U. S. C. 680a).

§ 8402.3 Regional offices for real property disposal—(a) Location. The regional offices having jurisdiction over real property disposal are located in the following cities: Birmingham, Ala.; Boston, Mass.; Chicago, Ill.; Cleveland, O.; Dallas, Tex.; Kansas City, Mo.; Los Angeles, Calif.; New York, N. Y.; Philadelphia, Pa.; Portland, Ore.; Richmond, Va.; San Francisco, Calif.; St. Louis, Mo.

(b) Functions. Under the supervision of the Deputy Regional Director for Real Property Disposal, these regional offices supervise, coordinate and direct all activities within the area of their jurisdiction in connection with the acquisition, management, and disposal of surplus real property and the acquisition of office and warehouse space required for War Assets Administration operations in accordance with the Surplus Property Act, as amended and orders, regulations, and directives issued thereunder, in accordance with the instructions and procedures prescribed by the Washington office.

(c) Authority. In general, the deputy regional directors for real property disposal are authorized to perform the functions as indicated above and are further authorized to redelegate to subordinate officials such part of that authority as they deem necessary. Specifically they are authorized to execute, acknowledge and deliver any deed, lease, permit, con

tract, receipt, bill of sale, or other instruments in writing in connection with the care, handling, and disposal of surplus real property, or personal property assigned for disposition with real property, located within their area of jurisdiction, to accept any notes, bonds, mortgages, deeds of trust, or other security instruments taken as consideration in whole or in part for the disposition of such surplus real or personal property; and to do or perform any other act necessary to effect the transfer of title to any such surplus real personal property 10cated as above provided; all pursuant to the provisions of the Surplus Property Act of 1944, as amended, Executive Order 9639; Part 8301 of this chapter; and Surplus Property Administration General Amendment of January 5, 1946 (Note to this chapter, supra). They are specifically authorized to administer and conduct all personnel actions with respect to officers, employees, or applicants for employment within their respective regions involving positions below the level of division chief except those relating to suspensions from duty or separations from the service for cause; order or approve irregular or occasional overtime duty in excess of a 40 hour administrative work week; administer oaths as required by law in connection with employment; appoint Efficiency Rating Committees; execute the certificate as required by the act of March 3, 1905 or photographs in connection with the transaction of revisions; to order against contracts currently in force at the time of issuance, the publication in newspapers or advertisements, notices and proposals relating to the disposal of surplus property pursuant to the provisions of section 3828 of the Revised Statutes; execute the certificate covering the use of the telephone for official long distance calls as required under section 4g of the act approved May 10, 1939; award and execute contracts, documents and other instruments necessary to effectuate the disposal of surplus property in accordance with applicable instructions as issued by the Washington office; approve and make refunds and price adjustments without limitations as to amount in cases involving payment received in error, return of deposits to unsuccessful bidders, errors in computation and other overpayment not involving legal questions or controversial facts; approve and make adjustment of claims, up to $2,000 in the

instance of any one sales contract, as may be authorized by and warranted under either express warranties or so called "equitable adjustment clauses" contained in conditions of sale in sales memoranda and contracts.

§ 8402.4 District offices-(a) Location. The District Offices are located in the following cities: Portland, Maine; Montpelier, Vt.; Manchester, N. H.; Hartford, Conn.; Providence, R. I.; Newark, N. J.; Baltimore, Md.; Washington, D. C.; Charleston, W. Va.; Columbia, S. C.; Jackson, Miss.; Indianapolis, Ind.; Milwaukee, Wis.; Des Moines, Io.; Wichita, Kan.; Sioux Falls, S. D.; Fargo, N. D.; Cheyenne, Wy.; Albuquerque, N. M.; Phoenix, Ariz.; Boise, Idaho; Reno, Nev.; Wilmington, Del.

(b) Functions. In general, district offices, under the supervision of district directors, represent the War Assets Administration in all matters relating to the surplus property disposal program within their areas of jurisdiction, with particular respect to the dissemination of information, disposal of personal property, certification of veterans, liaison with owning agencies, and priority claimants, and other interested parties in accordance with instructions and procedures prescribed by the Washington office and the appropriate regional director.

(c) Authority. District directors are authorized to perform such functions as are assigned to them and to redelegate to subordinate officials that part of such authority as they deem necessary.

§ 8402.5 Veterans certification offices-(a) Location. Veterans certification offices are located in the following cities: Birmingham, Ala.; Phoenix, Ariz.; Fresno, Calif.; Redding, Calif.; Sacramento, Calif.; Salinas, Calif.; San Diego, Calif.; San Francisco, Calif.; Stockton, Calif.; Denver, Colo.; Hartford, Conn.; New Haven, Conn.; Wilmington, Del.; Washington, D. C.; Jacksonville, Fla.; Miami, Fla.; Orlando, Fla.; Pensacola, Fla.; Tallahassee, Fla.; Tampa, Fla.; Atlanta, Ga.; Boise, Idaho; Chicago, Ill.; Decatur, Ill.; Peoria, Ill.; Rockford, Ill.; Evansville, Ind.; Fort Wayne, Ind.; Indianapolis, Ind.; South Bend, Ind.; Davenport, Iowa; Des Moines, Iowa; Leavenworth, Kans.; Wichita, Kans.; Louisville, Ky.; New Orleans, La.; Portland, Me.; Baltimore, Md.; Boston, Mass,; Lowell,

Mass.; Springfield, Mass.; Worcester, Mass.; Grand Rapids, Mich.; Jackson, Mich.; Pontiac, Mich.; Saginaw, Mich.; Duluth, Minn.; Minneapolis, Minn.; Jackson, Miss.; Kansas City, Mo.; Billings, Mont.; Butte, Mont.; Great Falls, Montana; Missoula, Montana; Sidney, Montana; Reno, Nev.; Manchester, N. H.; Newark, N. J.; Trenton, N. J.; Albuquerque, N. M.; Albany, N. Y.; Brooklyn, N. Y.; Buffalo, N. Y.; New York, N. Y.; Rochester, N. Y.; Syracuse, N. Y.; Utica, N. Y.; Charlotte, N. C.; Raleigh, N. C.; Fargo, N. D.; Akron, Ohio; Canton, Ohio; Cleveland, Ohio; Toledo, Ohio; Youngstown, Ohio; Cincinnati, Ohio; Columbus, Ohio; Dayton, Ohio; Oklahoma City, Okla.; Tulsa, Okla.; Portland, Ore.; Allentown, Pa.; Erie, Pa.; Harrisburg, Pa.; Philadelphia, Pa.; Pittsburgh, Pa.; Reading, Pa.; Scranton, Pa.; Providence, R. I.; Columbia, S. C.; Greenville, S. C.; Sioux Falls, S. D.; Chattanooga, Tenn.; Memphis, Tenn.; Nashville Tenn.; Dallas, Tex.; El Paso, Tex.; Ft. Worth, Tex.; Houston, Tex.; Texarkana, Tex.; Salt Lake City, Utah; Montpelier, Vt.; Norfolk, Va.; Richmond, Va.; Roanoke, Va.; Seattle, Wash.; Tacoma, Wash., Charleston, W. Va.; Eau Claire, Wis.; Green Bay, Wis.; Madison, Wis.; Milwaukee, Wis.; Wausau, Wis.; Casper, Wyo.

(b) Functions. Under the supervision of an office manager, veterans certification offices consult and advise veterans regarding the availability of surplus property and other related material and Issue veterans priority certificates in accordance with established War Assets Administration regulations, instructions, and procedures.

(c) Authority. Office managers are authorized to perform functions outlined herein and to redelegate to subordinate officials that part of such authority as they deem necessary.

§ 8402.6 Site sales projects-(a) Location. Approximately 500 site sales projects are either now in operation or are scheduled to be opened within the next twelve months at various locations throughout the continental United States. Notification as to the location of any specific site is given or will be given through public advertising, newspaper advertising or other media at the time such project opens.

(b) Functions. Either under the direct supervision or control of War Assets Administration regional office personnel or

under contractual arrangements with private merchandising agencies, the site sales organization disposes of all classes of surplus capital and producer goods and consumer goods to all types of purchasers, making sales from the site where the property is actually located, and providing at the site facilities for the pre-inspection of property, sales, collection of funds, extension of credit, servicing of priority claimants, and delivery of property to purchasers.

(c) Authority. Site sale project supervisors (field directors or site sales managers) are authorized to perform all functions necessary in connection with the site sale program and to redelegate to subordinate officials such part of that authority as they deem necessary.

§ 8402.7 Zone offices-(a) Location and area of jurisdiction. Zone offices, exercising supervision over the regional offices indicated for each are located in the following cities: (1) Philadelphia, Pa., supervising the Boston, Mass., New York, N. Y., Philadelphia, Pa., and Richmond, Va. regional offices; (2) Atlanta, Ga., supervising the Atlanta, Ga., Charlotte, N. C., Jacksonville, Fla., Nashville, Tenn., and Birmingham, Ala., regional offices; (3) Chicago, Ill., supervising the Cincinnati, O., Chicago, Ill., Cleveland, O., Detroit, Mich., Louisville, Ky., and Minneapolis, Minn. regional offices; (4) Kansas City, Mo., supervising the Kansas City, Mo., Denver, Colo., St. Louis, Mo., and Omaha, Nebr., regional offices; (5) Dallas, Tex., supervising the Ft. Worth, Tex., Dallas, Tex., Houston, Tex., San Antonio, Tex., New Orleans, La., Little Rock, Ark., and Oklahoma City, Okla. regional offices; (6) San Francisco, Calif., supervising the Los Angeles, Calif., San Francisco, Calif., Portland, Oreg., Seattle, Wash., Spokane, Wash., Helena, Mont., Salt Lake City, Utah regional offices.

(b) Functions. Under the supervision of a zone administrator, zone offices are responsible for administrative supervision of the regional offices within the territory assigned on matters which would ordinarily concern the Administrator; are responsible for the efficient management of the operations and activities within the zone and for the determination of the adequacy and suitability of personnel and facilities; serve as liaison in maintaining assistance from ap

propriate Washington disposal or staff offices in solving regional problems when efforts from the regional level to obtain this assistance have been ineffective; investigate complaints and conditions resulting in unfavorable public reaction to the activities of the War Assets Administration in their area and to initiate or recommend remedial action; advise the Administrator of conditions within the zone which warrant his personal attention; and facilitate inter-regional cooperation and resolve inter-regional differences. Zone administrators do not interfere with the direct selling and operating relationships between regional offices and the Washington disposal and staff offices. Reports called for by the Washington office are not channeled through zone offices.

(c) Authority. In general, zone administrators are authorized to represent and act for the Administrator in connection with the performance of the functions indicated herein.

8410.13 Claims and adjustments. 8410.14 Forms.

AUTHORITY: §§ 8410.1 to 8410.14, inclusive, issued under Pub. Law 404, 79th Cong., 60 Stat. 237; 5 U.S.C., Sup., 1001 et seq.

SOURCE: §§ 8410.1 to 8410.14, inclusive, contained in Operations Notice 3, Administrator, Aug. 28, 1946, effective Sept. 11, 1946, 11 F.R. 177A-755.

§ 8410.1 Scope. This part states in general terms the procedures of the War Assets Administration for disposing of surplus personal property within the continental United States, its territories and possessions.

§ 8410.2 Types of property. Part 8301 of this chapter states the types of personal property for which the War Assets Administration is designated as

the disposal agency. In general, these types of personal property include capital and producers goods, consumer goods, aircraft and aircraft parts and components, and electronics and communications equipment.

§ 8410.3 Commercial levels of trade. Concurrent with or after suitable offering to priority claimants as hereinafter described in Part 8412 of this chapter when property becomes available for commercial buyers, War Assets Administration ordinarily will offer such property for sale to the regular and normal channels of trade. Ultimate consumers, i. e., persons who buy for their own personal use, generally will not be permitted to participate in sales of surplus property. The following are included among those commercial purchasers who ordinarily may buy surplus property:

(a) Wholesalers and distributors. Buyers (including manufacturers) who normally perform functions of wholesalers or distributors, are permitted to purchase upon the making of certain certifications.

(b) Retailers. Buyers who normally sell to ultimate consumers are considered to be retailers. Manufacturers and wholesalers who own, operate, or control retail stores are required to buy as retailers for their own company-owned or controlled retail stores. Groups of stores operated on a chain system of buying must buy as retailers.

(c) Exporters. Commercial exporters and commercial purchasing representatives for foreign governments are permitted to buy surplus property not deemed to be in short supply as "wholesalers".

(d) Industrial and 'commercial buyers. In most cases industrial and commercial buyers may purchase surplus property. Industrial and commercial buyers are those engaged in or about to engage in a business or an industry in which it is a normal practice to purchase items similar to those on sale directly from manufacturers or wholesalers. The commercial or industrial buyer shall purchase as a retailer except when he purchases in wholesale quantities and at wholesale prices for incorporation in an end product. He shall certify that the purchase is for use and not for resale in its present form.

(e) Buying agents. Purchasing agents, resident buyers, commission men, and others who perform the purchasing functions for the principal they represent, are permitted to participate in sales: Provided, They present written authorization from the principal to act in such capacity and: Provided, They purchase in the name of the principal. These buyers shall be required to present written authorization from their principals to act in such capacity.

§ 8410.4 Public notice of sales. With due regard to the statutory requirements of public notice as hereinafter set forth in Part 8412 of this chapter, the Administrator gives such public notice as he deems necessary to advise priority claimants and commercial levels of trade of offerings of property for disposal. Newspapers and trade journals are common media used to give notice of prospective sales. Direct mailing of brochures, catalogues, and special listings are also used to disseminate information concerning proposed sales. Under certain circumstances radio may be used. Samples of surplus property may be displayed at War Assets Administration regional or district offices, at site-sales locations, warehouses, or other public places.

§ 8410.5 Methods of sale. Surplus property is offered for sale by the method most adaptable to the particular type of property being offered. The following methods of sale are utilized:

(a) Fixed price offering. This method of sale contemplates an offering at prices and terms established by the War Assets Administration prior to the offering. The fixed price method is preferred. Every effort is made to fill orders in such a manner as to provide equitable distribution among the groups ordering and in the areas solicited.

(b) Sealed bid offering. A sealed bid offering is an offering of surplus property under stated terms and conditions by which the prospective purchasers are required to submit a bid for a stated quantity at the highest price they wish to pay, by mail or telegram, prior to a specified time. The sale is made after a public opening of all written offers.

(c) Spot sale. This method contemplates an offering of commodities on the spot to the highest bidder, either at the location of the property or at any other suitable place where bidders after a reasonable opportunity of inspecting the

property submit written offers to the salesman in charge. The spot sale method generally is used to dispose of residual merchandise after a fixed price sale to priority and nonpriority purchasers.

(d) Public auction sale. The auction sale contemplates the offer of commodities to the highest bidder, held at the location of the property, in which bidders make verbal offers to the auctioneer. It is used in lieu of a spot sale when deemed advisable.

(e) Site sale. This method of sale contemplates that the sale be conducted at a specified warehouse or site where surplus property is currently located. The sale may be made generally by the fixed price method but any method or combination of methods may be used in conformance with the requirements for each type of sale. It is used wherever possible, when large quantities of property in short supply are located at one site, or where there is a pressing need for warehousing space at a particular site. The site sale is usually conducted under the supervision and direction of the regional office in whose geographic sales area the activity is located. A field director, assisted when necessary by an assistant field director, is generally in charge of the sale at each site, and is the officer approving such sale. The field director's function is that of a subregional director. The regional director has the responsibility of appointing the field director.

(f) Negotiated sale. A negotiated sale is a sale of surplus property at prices and at terms arrived at by agreement between War Assets Administration and the purchaser. The negotiated sale of surplus property is, under ordinary circumstances, the only type of sale handled directly by the national office but is not reserved exclusively to the national office, i. e., such sales may be effected by the regional offices. This method of sale may be used when other methods of sale are not feasible or have proven unsuccessful.

§ 8410.6 Special types of disposal. In certain instances because of the nature of the property or the quantities involved, special disposal methods are employed. These special methods of disposal are:

(a) Industry agency agreements. An industry agency agreement is an agree