[Code of Federal Regulations] [Title 41, Volume 3] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 41CFR102-38.5] [Page 140-142] TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT CHAPTER 102--FEDERAL MANAGEMENT REGULATION PART 102-38_SALE OF PERSONAL PROPERTY--Table of Contents Subpart A_General Provisions Sec. 102-38.5 What does this part cover? Subpart A_General Provisions Sec. 102-38.5 What does this part cover? 102-38.10 What is the governing authority for this part? 102-38.15 Who must comply with these sales provisions? 102-38.20 Must we follow the regulations of this part when selling all personal property? 102-38.25 To whom do ``we'', ``you'', and their variants refer? 102-38.30 How do we request a deviation from the provisions of this part? Definitions 102-38.35 What definitions apply to this part? Responsibilities 102-38.40 Who may sell personal property? 102-38.45 What are our responsibilities in selling personal property? 102-38.50 What must we do when we suspect violations of 40 U.S.C. 559, fraud, bribery, or criminal collusion in connection with the disposal of personal property? 102-38.55 What must we do when selling personal property? 102-38.60 Who is responsible for the costs of care and handling of the personal property before it is sold? 102-38.65 What if we are notified of a Federal requirement for surplus personal property before the sale is complete? 102-38.70 May we abandon or destroy personal property either prior to or after trying to sell it? Subpart B_Sales Process Methods of Sale 102-38.75 How may we sell personal property? 102-38.80 Which method of sale should we use? Competitive Sales 102-38.85 What is a sealed bid sale? 102-38.90 What is a spot bid sale? [[Page 141]] 102-38.95 What is an auction? Negotiated Sales 102-38.100 What is a negotiated sale? 102-38.105 Under what conditions may we negotiate sales of personal property? 102-38.110 Who approves our determinations to conduct negotiated sales? 102-38.115 What are the specific reporting requirements for negotiated sales? 102-38.120 When may we conduct negotiated sales of personal property at fixed prices (fixed price sale)? 102-38.125 May we sell personal property at fixed prices to State agencies? Advertising 102-38.130 Must we publicly advertise sales of Federal personal property? 102-38.135 What constitutes a public advertisement? 102-38.140 What must we include in the public notice on sale of personal property? Pre-Sale Activities 102-38.145 Must we allow for inspection of the personal property to be sold? 102-38.150 How long is the inspection period? Offer to Sell 102-38.155 What is an offer to sell? 102-38.160 What must be included in the offer to sell? 102-38.165 Are the terms and conditions in the offer to sell binding? Subpart C_Bids Buyer Eligibility 102-38.170 May we sell Federal personal property to anyone? 102-38.175 How do we find out if a person or entity has been suspended or debarred from doing business with the Government? 102-38.180 May we sell Federal personal property to a Federal employee? 102-38.185 May we sell Federal personal property to State or local governments? Acceptance of Bids 102-38.190 What is considered a responsive bid? 102-38.195 Must bidders use authorized bid forms? 102-38.200 Who may accept bids? 102-38.205 Must we accept all bids? 102-38.210 What happens when bids have been rejected? 102-38.215 When may we disclose the bid results to the public? 102-38.220 What must we do when the highest bids received have the same bid amount? 102-38.225 What are the additional requirements in the bid process? Bid Deposits 102-38.230 Is a bid deposit required to buy personal property? 102-38.235 What types of payment may we accept as bid deposits? 102-38.240 What happens to the deposit bond if the bidder defaults or wants to withdraw his/her bid? Late Bids 102-38.245 Do we consider late bids for award? 102-38.250 How do we handle late bids that are not considered? Modification or Withdrawal of Bids 102-38.255 May we allow a bidder to modify or withdraw a bid? Mistakes in Bids 102-38.260 Who makes the administrative determinations regarding mistakes in bids? 102-38.265 Must we keep records on administrative determinations? 102-38.270 May a bidder protest the determinations made on sales of personal property? Subpart D_Completion of Sale Awards 102-38.275 To whom do we award the sales contract? 102-38.280 What happens when there is no award? Transfer of Title 102-38.285 How do we transfer title from the Government to the buyer for personal property sold? Payments 102-38.290 What types of payment may we accept? Disposition of Proceeds 102-38.295 May we retain sales proceeds? 102-38.300 What happens to sales proceeds that we are not authorized to retain or that are unused? Disputes 102-38.305 How do we handle disputes involved in the sale of Federal personal property? 102-38.310 Are we required to use the Disputes clause in the sale of personal property? 102-38.315 Are we required to use Alternative Disputes Resolution for sales contracts? [[Page 142]] Subpart E_Other Governing Statutes 102-38.320 Are there other statutory requirements governing the sale of Federal personal property? Antitrust Requirements 102-38.325 What are the requirements pertaining to antitrust laws? Subpart F_Reporting Requirements 102-38.330 Are there any reports that we must submit to the General Services Administration? 102-38.335 Is there any additional personal property sales information that we must submit to the General Services Administration? Subpart G_Provisions for State and Local Governments 102-38.340 How may we sell personal property to State and local governments? 102-38.345 Do we have to withdraw personal property advertised for public sale if a State Agency for Surplus Property wants to buy it? 102-38.350 Are there special provisions for State and local governments regarding negotiated sales? 102-38.355 Do the regulations of this part apply to State Agencies for Surplus Property (SASPs) when conducting sales? Authority: 40 U.S.C. 545 and 40 U.S.C. 121(c). Source: 68 FR 51421, Aug. 26, 2003, unless otherwise noted. This part prescribes the policies governing the sale of Federal personal property, including-- (a) Surplus personal property that has completed all required Federal and/or donation screening; and (b) Personal property to be sold under the exchange/sale authority. Note to Sec. 102-38.5: You must follow additional guidelines in 41 CFR parts 101-42 and 101-45 of the Federal Property Management Regulations (FPMR) for the sale of personal property that has special handling requirements or property containing hazardous materials. Additional requirements for the sale of aircraft and aircraft parts are provided in part 102-33 of this chapter.