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AGENDA

AGENDA. Welcome: Bob Holcombe FMR 102-35 Disposition of Personal Property (“General” Guidance): Bob Holcombe FMR 102-21 - 102-28 Supply and Procurement: Elizabeth Allison FMR 102-36 Disposition of Excess Personal Property: Darlene Stickel

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AGENDA

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  1. AGENDA Welcome: Bob Holcombe • FMR 102-35 Disposition of Personal Property (“General” Guidance): Bob Holcombe • FMR 102-21 - 102-28 Supply and Procurement: Elizabeth Allison • FMR 102-36 Disposition of Excess Personal Property: Darlene Stickel • FMR 102-37 Donation of Surplus Personal Property: Pat Elliott • FMR 102-38 Sale of Surplus Personal Property : Darlene Stickel • FMR 102-39 Exchange/Sale of Personal Property: Rick Bender

  2. AGENDA continued FMR 102-40 Items Requiring Special Handling/Hazardous Materials: Gary Thompson FMR 102-42 Foreign Gifts and Decorations: Gary Thompson FMR 102-41 Seized, Forfeited and Abandoned Property: Pat Elliott Projects/Programs Federal Asset Sales, eFAS: Derrick Miliner Environmental Project: Darlene Stickel Best Practices Awards: Darlene Stickel Annual Reports: Rick Bender

  3. ICPMJanuary 29, 2009Overview of GSA Policies and Programs

  4. FMR 102-35 Disposition of Personal Property (“General” Guidance) Presented by: Bob Holcombe

  5. Overview • Provides an overview of personal property disposal (disposition) • Guides the user to specific Federal Management Regulation (FMR) sections covering each phase of the disposal process • Covers some basic guidance applicable to ALL phases of disposal • Authority for ALL GSA regulations: 40 U.S.C. 121(c)

  6. Newcomer to the Personal Property field? • This FMR Section Provides the best overview of the entire “normal” disposal process

  7. Status • No changes planned. Current version published as Final Rule 3/7/07

  8. 41 CFR 102-21 through 41 CFR 102-28 Supply and Procurement(proposed) Presented by: Elizabeth Allison

  9. Overview • Provide policy for the effective acquisition and use of personal property • Migrate Policy from the Federal Property Management Regulation (FPMR) to the Federal Management Regulation (FMR) • Write in plain language question and answer format • Authority: 40 U.S.C. 121(c)

  10. What is Changing? • Federal agencies mandated to make communications with the public more understandable • Questions and answers are an effective way to engage the reader and to break the information into manageable pieces

  11. Issues • Deleted provisions not regulatory in nature, or that was obsolete or no longer appropriate for today’s Government business environment • Policies addressed in other regulations are not duplicated in this FMR • The FMR describes what is to be performed and less prescriptive • Crosswalk incorporated in the preamble to show where provisions of the FPMR appear in the FMR or if they were deleted

  12. 101-25 General 101-26 Procurement Sources and Program 102-23 Special Requirements and Policies for Buying Certain Other Categories of Property 102-21 Required Government Sources for Supplies and Services Cross Reference Current FPMR to Proposed FMR

  13. 101-27 Inventory Management 101-28 Storage and Distribution 101-29 Federal Product Description 101-30 General 102-25 Managing Government Owned Inventories 102-26 Managing Shelf-Life Materials 102-27 Federal Product Descriptions 102-28 Federal Catalog System Cross Reference Current FPMR to Proposed FMR - continued

  14. Newcomer to the Personal Property field? • The FPMR/FMR provides a key reference to Government property management • This FMR section prescribes policies for managing personal property from acquisition until you report it as excess property • This FMR section establishes policy on maintaining control of your agency’s inventory – minimize the cost of the inventory and maximize its use

  15. Status • Next Step - Federal Register notice of a Proposed Rule. March (?)

  16. FMR 102-36Disposition of Excess Property Presented by: Darlene Stickel

  17. Overview • Provides policy for maximum utilization of Federal personal property • This part covers the acquisition, transfer and disposal of excess personal property • Provides requirement for agencies to provide Non-Federal Recipients Report • Authority: 40 U.S.C. 121(c)

  18. What is Changing? • Revision in process to clarify responsibilities of receiving agency when obtaining federal personal property

  19. Issues • Proper disposal of excess personal property processes, and the acquisition of excess property from other agencies • Identifies eligible recipients • Outlines agency responsibilities in the management of excess personal property • Provides reporting requirements

  20. Newcomer to the Personal Property field? • Proper disposition of excess personal property • Disposal codes • Authority for abandonment and destruction (a/d) • Addresses disposal of unusual assets • Reporting

  21. Status • Drafting revision for publication as Proposed Rule

  22. FMR 102-37Donation of Federal Surplus Property Presented by: Pat Elliott

  23. Overview • Provides the policy for the donation of surplus Federal property • Addresses requirements of both Federal agencies and recipients of Federal surplus personal property approved by GSA for donation • Authority: 40 U.S.C. sections 121 and 549

  24. Issue Definition of Surplus: • Excess personal property becomes available for donation the day following the surplus release date • This means Federal screening period has been completed • Only GSA can determine property is surplus

  25. Issue - continued • Who handles the donation of surplus property? (a) The SASPs handle the donation of most surplus property to eligible donees within their States (b) The GSA handles the donation of surplus property to public airports under a program by the Federal Aviation Administration (FAA) • GSA may also donate to the American National Red Cross surplus propertythat was originally from or through the Red Cross

  26. Issue - continued (continued) • Holding agencies may “donate”/transfer property that they would otherwise abandon or destroy directly to public bodies

  27. Issue - continued • The process for requesting surplus property for donation varies, depending on who is making the request • Donees should submit their requests for property directly to the appropriate SASP • SASPs and public airports should submit their requests to the appropriate GSA regional office

  28. Issue - continued • Public airports must have FAA certify their transfer requests prior to submission to GSA for approval. GSA may ask SASPs or public airports to submit any additional information required to support and justify transfer of the property • The American National Red Cross should submit requests to GSA • Public bodies, when seeking to acquire property that is being abandoned or destroyed, must follow rules and procedures

  29. Status • No changes planned. Current version published as Final Rule

  30. FMR 102-38Sale of Personal Property Presented by Darlene Stickel

  31. Overview • This FMR Section provides the policy governing the Sale of Federal personal property • What this regulation means to you: You may only sell Federal personal property if you are a Sales Center • Authority: 40 U.S.C. Sections 121(c) and 545

  32. Issues • This FMR Section addresses the proper sales of Personal Property and the use of a Sales Center • This regulation clarifies who needs a Sales Center to sell Government equipment; the Sales process; and the eFAS waiver process

  33. What has Changed? • Revised FMR Section helps agencies identify and select the best sales solutions for Federal Assets • Allow for the sale of federal assets to be more visible to the Public • These changes were part of the eFAS initiative

  34. Newcomer to the Personal Property field? This FMR regulation covers: • Overall policy regarding Sales of Federal Personal Property (both surplus sales and exchange/sale sales) • How to become a Sales Center • How to request a waiver

  35. Status • Final Rule was published April 17, 2008

  36. FMR 102-39Exchange/Sale of Personal Property Presented by: Rick Bender

  37. Overview • FMR 102-39 addresses the exchange/sale of personal property. It basically explains what exchange/sale is, and how it can and cannot be used • Exchange/sale is an authority that enables Federal agencies, when replacing personal property, to exchange or sell that property and use the proceeds to pay for replacement property • Authority: 40 U.S.C. Sections 121(c) and 503

  38. Issues • Exchange/sale is a good option for agencies when replacing personal property because the proceeds provide a supplemental source of funding in acquiring new property • For FY 2007, 26 agencies used exchange/sale, and the exchange allowances/sales proceeds totaled approximately $295 million • When the regulations do not allow exchange/sale, GSA can consider a waiver (8 waivers in FY 2008)

  39. Change • FMR 102-39 was revised on August 29, 2008 • Changes were made in response to recommendations from the interagency Federal Asset Management Evaluation (FAME) team • The changes are intended to make it easier for agencies to understand and use exchange/sale as appropriate

  40. Newcomer to the Personal Property field? • Exchange/sale can only be used when replacing personal property. It cannot be used for excess or surplus property that will not be replaced • This authority cannot be used to pay for any type of services • Properties that require periodic replacement (vehicles, furniture, IT equipment) are the best candidates for exchange/sale

  41. Status • FMR 102-39 was published as a Final Rule on August 29, 2008

  42. FMR 102-40Items Requiring Special Handling/Hazardous Materials Presented by: Gary Thompson

  43. Overview • Disposition of Personal Property with Special Handling Requirements • Migrating from FPMR 101-42 • General Provisions • Definitions • Responsibilities • Transfer, Donation, and Sale • Authority: 40 U.S.C. 121(c)

  44. What is Changing • Moving regulation from FPMR to FMR • Adds new terms and definitions • Allows agencies to sale property with special handling requirement through Sale Centers. • Has special requirements for asbestos handling • Introduces the topic of the disposal of ammunition • Provides procedure for the disposal of medical devices

  45. What is Changing - continued • Remove obsolete requirements for letter of clearance by FDA • Align policy on the disposal of fire arms with policy in 102-36 • Special requirement for handing commerce control items • Procedure for handling: • national stockpile items, • ozone depleting substances

  46. Status • Next Step – Publish Final Rule in next few months

  47. FMR 102-42Foreign Gifts and Decorations Presented by: Gary Thompson

  48. Overview • Policy covers the utilization, donation, and disposal of foreign gifts and decorations • General Provisions • Utilization • Donation • Sale or Destruction • Authority: 40 U.S.C. 121(c)

  49. What has Changed? • Definition for “Minimal Value” Redefined to Mean $335.00 • Align policy with 5 U.S.C. 7432 allowing agencies to set own guidelines for obtaining appraisals • Provide agencies with greater flexibility with the use of Internet

  50. What has Changed? - continued • Encourage agencies to use various methods in obtaining appraisals: • Commercial Appraisals • Retail Websites • Department store websites • Commercial merchandise catalogs • Appraisals no longer needed for property retained for “official use”

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