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The Federal Surplus Personal Property Donation Program. Tara A. Caldwell Area Property Officer Personal Property Management Division General Services Administration. May 2012. Value to the Customer. GSA Customers will learn how their property “flows” into the “donation” cycle efficiently.
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The Federal Surplus Personal Property Donation Program Tara A. CaldwellArea Property OfficerPersonal Property Management DivisionGeneral Services Administration May 2012
Value to the Customer • GSA Customers will learn how their property “flows” into the “donation” cycle efficiently. • GSA Customers also will learn about this key step in the disposal process to extend the useful life of their “surplus” property by recycling in the most cost-effective manners possible.
Objectives • Authorities • Definitions • Process • Procedure • Eligibility • Agreements • Cost • GSAXcess® • Contacts
Laws and Regulations • Law -- statutes enacted by Congress • Title 40 United States Code Public Buildings, Property, and Works • Regulations – rules promulgated by Federal executive agencies • Title 41 Code of Federal Regulations (CFR) • Federal Management Regulations (FMR) • 41 CFR 102-37Donation of Surplus Personal Property
Definitions CFR 102-36.40 • Personal Property – “any property, except real property. ” • Real Property • Land • Buildings
Definitions 40 USC 102(9) • Personal Property -- • Excludes: • Records of the Federal Government • Naval vessels of the following categories: • Battleships • Cruisers • Aircraft carriers • Destroyers • Submarines
Definitions 40 USC 102 • Excess -- “property under the control of a federal agency that the head of the agency determines is not required to meet the agency’s needs or responsibilities ” • Surplus -- “excess property that the [GSA] Administrator determines is not required to meet the needs or responsibilities of all federal agencies .”
Definitions CFR 102-37.40 • Donable -- “All surplus property… is available for donation” except for certain categories • Examples of exceptions • Property acquired with non-appropriated funds • Records of the Federal Government • Property that requires reimbursement • Controlled substances
Definitions 40 USC 549 • State -- • State of the United States • District of Columbia • Puerto Rico • Virgin Islands • Guam • Northern Mariana Island • American Samoa
Definitions 40 USC 549 • State Agency (State Agency for Surplus Property (SASP) • agency designated under state law as the agency responsible for the donation of Federal surplus property • 56 SASPs • One in each state
EXCESS SURPLUS SCREENING And FEDERAL TRANSFER 21 DAYS DONATION NOTIFICATION 5 DAYS SALES AGENCY SCREENING DONATION REMOVAL FEDERAL DISPOSAL CYCLE SCREENING Internal Agencies/Bureaus Of your Department Federal Agencies Cost Reimbursable Contractors Grantees Public Airports State Agencies for Surplus Property Public Airports State Agencies for Surplus Property
Process 40 USC 549 (b)(1) • Donees must acquire surplus property through a SASP “The Administrator of General Services… may transfer property described in paragraph (2) [surplus] to a state agency” • Cannot acquire property directly
Procedure • Donee submits request for property to SASP • Want List • Specific item in GSAXcess® • SASP submits request for property to GSA • GSA approves request from SASP • Federal holding agency releases property • SASP • Picks up the property • Has property shipped • SASP for later pick up by donee • Donee directly
Donee CFR 102-37.25 • “Donee means any of the following entities that receive Federal surplus personal property through a [State Agency for Surplus Property] SASP” • Public agency • Eligible nonprofit tax-exempt educational or public health institution • Provider of assistance to homeless • Provider of assistance to impoverished families or individuals • Provider of assistance to older individuals • Public Airport • Service educational activity (SEA). • Veteran Related Organizations
Public Agency CFR 102-37 Appendix C • “uses surplus personal property to carry out or promote one or more public purposes.” • Examples: • State • Local Government • Instrumentality of a State or Local Government • Indian Tribe on a State reservation
Public Purpose FMR 102-37 Appendix C • “a program(s) …for which public funds may be expended.” • Conservation • Economic Development • Education • Parks and Recreation • Public Health • Public Safety • Programs of Assistance to the Homeless • Programs of Assistanace to the Impoverished • Programs for Older Individuals.
Eligibility Determinations • 40 USC 549(e) • “Before property may be transferred to a state agency, the State shall develop a detailed state plan of operations ….” • “The state plan of operation shall include … established procedures for…determination of eligibility.” • FMR 102-37.385 • Made by the SASP “for most public and nonprofit activities.” • A SASP may request GSA assistance or guidance in making such determinations. • Made by DoD for SEAs
Basic Eligibility Criteria: CFR 102- 37.390 • Conform – to definition of donee • Meet -- approval, accreditation, or license requirements • Prove -- public agency or a nonprofit and tax-exempt organization under section 501 of the Internal Revenue Code • Certify -- not debarred, suspended, or excluded from any Federal program • Comply -- with applicable Federal nondiscrimination statutes
Donee Agreements CFR 102-37.465 • Donee: • acquires property on an “as is, where is” basis • will hold the Government harmless from any or all debts arising from the donation and use of the property
Donee Agreements CFR 102-37.450 (b) • Donee will: • Place property in use within one year of donation • Keep property in use for a period of time [period of restriction] depending on the original acquisition cost in dollars and the type of property
Title to Property CFR 102-37.450(d) • During Period of Restriction: • Donee has conditional title only to the property. • After the donee has met all of the requirements of donation including the period of restriction. • Full title to the property will vest in the donee
Conditional Title • Under $5,000 in original acquisition cost (oac) – 1 year – CFR 102-37.450 (a) • Over $5,000 in oac and any passenger motor vehicles – 1 year and 6 months – CFR 102-37.450(c) • Aircraft and vessels -- 5 years -- CFR 102-37.460(a) • Combat-configured aircraft -- in perpetuity –CFR 102-37.460 (a)
Cost 40 USC 549 • Service Charges • Covers: “direct and reasonable indirect costs” • “based on services” • Includes: • Screening • Packing • Crating • Removal • Transportation
EXCESS SURPLUS FEDERAL DISPOSAL PROCESS SCREENING AAMS SCREENING And FEDERAL TRANSFER 21 DAYS DONATION NOTIFICATION 5 DAYS SALES AGENCY SCREENING DONATION REMOVAL Internal Agencies/Bureaus Of your Department Federal Agencies Cost Reimbursable Contractors Grantees Public Airports State Agencies for Surplus Property Nonprofit Educational & Public Health Activities Service Educational Activities
Is the automated Property Management System The database that controls the global inventory of excess/surplus property Allows donees to search for property at SASPs discretion Requires a User ID and password SASP will provide donees with a generic User and password GSAXcess®
Global Search Noun Name – Truck Results of Search
Basic Search OptionsNewly Reported Unuseditems Results of Search
Basic Search OptionsNewly Reported UnuseditemsResults of Search
Category Search Aircraft Results of Search
Advance Search DLA Disposition Services Field Offices Port Hueneme, CA
Advance Search DLA Disposition Services Field Offices Port Hueneme, CA
Advance Search DLA Disposition Services Field Offices Port Hueneme, CA Search Results
Rotating Pictures Contact PickupSearch Result – Property Data Sheet
6-Ton Rough Terrain Man Lift Before$65,134 versus $6,000
6-Ton Rough Terrain Man Lift Before$6,000 versus $65,134