[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR102-37.205]

[Page 122-123]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
               CHAPTER 102--FEDERAL MANAGEMENT REGULATION
 
PART 102-37--DONATION OF SURPLUS PERSONAL PROPERTY--Table of Contents
 
           Subpart D--State Agency for Surplus Property (SASP)
 
Sec. 102-37.205  What agreements must a SASP make?

    With respect to surplus property picked up by or shipped to your 
SASP, you must agree to the following:
    (a) You will make prompt statewide distribution of such property, on 
a fair and equitable basis, to donees eligible to acquire property under 
section 203(j) of the Property Act (40 U.S.C. 484(j)) and GSA 
regulations. You will distribute property only after such eligible 
donees have properly executed the appropriate certifications and 
agreements established by your SASP and/or GSA.
    (b) Title to the property remains in the United States Government 
although you have taken possession of it. Conditional title to the 
property will pass to the eligible donee when the donee executes the 
required certifications and agreements and takes possession of the 
property.
    (c) You will:
    (1) Promptly pay the cost of care, handling, and shipping incident 
to taking possession of the property.

[[Page 123]]

    (2) During the time that title remains in the United States 
Government, be responsible as a bailee for the property from the time it 
is released to you or to the transportation agent you have designated.
    (3) In the event of any loss of or damage to any or all of the 
property during transportation or storage at a place other than a place 
under your control, take the necessary action to obtain restitution 
(fair market value) for the Government. In the event of loss or damage 
due to negligence or willful misconduct on your part, repair, replace, 
or pay to the GSA the fair market value of any such property, or take 
such other action as the GSA may direct.
    (d) You may retain property to perform your donation program 
functions, but only when authorized by GSA in accordance with the 
provisions of a cooperative agreement entered into with GSA.
    (e) When acting under an interstate cooperative distribution 
agreement (see Sec. 102-37.335) as an agent and authorized 
representative of an adjacent State, you will:
    (1) Make the certifications and agreements required in Sec. 102-
37.200 and this section on behalf of the adjacent SASP.
    (2) Require the donee to execute the distribution documents of the 
State in which the donee is located.
    (3) Forward copies of the distribution documents to the 
corresponding SASP.
    (f) You will not discriminate on the basis of race, color, national 
origin, sex, age, or handicap in the distribution of property, and will 
comply with GSA regulations on nondiscrimination as set forth in part 
101-6, subpart 101-6.2, and part 101-8 of this title.
    (g) You will not seek to hold the United States Government liable 
for consequential or incidental damages or the personal injuries, 
disabilities, or death to any person arising from the transfer, 
donation, use, processing, or final disposition of this property. The 
Government's liability in any event is limited in scope to that provided 
for by the Federal Tort Claims Act (28 U.S.C. 2671, et seq.).