[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: 41CFR102-39.45]

[Page 154-155]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
               CHAPTER 102--FEDERAL MANAGEMENT REGULATION
 
PART 102-39_REPLACEMENT OF PERSONAL PROPERTY PURSUANT TO THE EXCHANGE/SALE 
AUTHORITY--Table of Contents
 
                 Subpart B_Exchange/Sale Considerations
 
Sec. 102-39.45  What prohibitions apply to the exchange/sale of personal 
property?

    You must not use the exchange/sale authority for:
    (a) The following FSC groups of personal property:

    10 Weapons.
    11 Nuclear ordnance.
    12 Fire control equipment.
    14 Guided missiles.
    15 Aircraft and airframe structural components (except FSC Class 
1560 Airframe Structural Components).
    42 Firefighting, rescue, and safety equipment.
    44 Nuclear reactors (FSC Class 4472 only).
    51 Hand tools.
    54 Prefabricated structure and scaffolding.
    68 Chemicals and chemical products, except medicinal chemicals.
    84 Clothing, individual equipment, and insignia.

    Note to Sec. 102-39.45(a): The exception to the prohibition is 
Department of Defense (DOD) property in FSC Groups 10, 12, and 14 
(except FSC Class 1005) for which the applicable DOD demilitarization 
requirements, and any other applicable regulations and statutes are met.

    (b) Materials in the National Defense Stockpile (50 U.S.C. 98-98h) 
or the Defense Production Act inventory (50 U.S.C. App. 2093).
    (c) Nuclear Regulatory Commission-controlled materials unless you 
meet the requirements of Sec. 101-42.1102-4 of this title.
    (d) Controlled substances, unless you meet the requirements of Sec. 
101-42.1102-3 of this title.
    (e) Scrap materials, except in the case of scrap gold for fine gold.
    (f) Property that was originally acquired as excess or forfeited 
property or from another source other than new procurement, unless such 
property has been in official use by the acquiring agency for at least 1 
year. You may exchange or sell forfeited property in official use for 
less than 1 year if the head of your agency determines that a continuing 
valid requirement exists, but the specific item in use no longer meets 
that requirement, and that exchange or sale meets all other requirements 
of this part.
    (g) Property that is dangerous to public health or safety without 
first rendering such property innocuous or providing for adequate 
safeguards as part of the exchange/sale.
    (h) Combat material without demilitarizing it or obtaining a 
demilitarization waiver or other necessary clearances from the 
Department of Defense Demilitarization Office.
    (i) Flight Safety Critical Aircraft Parts unless you meet the 
provisions of Sec. 102-33.370 of this title.

[[Page 155]]

    (j) Acquisition of unauthorized replacement property.
    (k) Acquisition of replacement property that violates any:
    (1) Restriction on procurement of a commodity or commodities;
    (2) Replacement policy or standard prescribed by the President, the 
Congress, or the Administrator of General Services; or
    (3) Contractual obligation.
    (l) Vessels subject to 40 U.S.C. 484(i).

[66 FR 48614, Sept. 21, 2001; 66 FR 51095, Oct. 5, 2001, as amended at 
69 FR 11539, Mar. 11, 2004]