[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-42.1102-3]



[Page 182-183]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-42_UTILIZATION AND DISPOSAL OF HAZARDOUS MATERIALS AND 

CERTAIN CATEGORIES OF PROPERTY--Table of Contents

 

   Subpart 101-42.11_Special Types of Hazardous Materials and Certain 

                         Categories of Property

 

Sec. 101-42.1102-3  Controlled substances.



    (a) Utilization requirements. (1) Excess controlled substances are 

not required to be reported to GSA, but are subject to the utilization 

screening requirements of Sec. 101-43.311-2. Holding agencies shall 

make reasonable efforts to obtain utilization of excess controlled 

substances by offering them to those Federal agencies which certify that 

they are registered with the Drug Enforcement Administration (DEA), 

Department of Justice, and are authorized to procure the particular 

controlled substances requested for transfer. The certification shall 

include the registration number on the DEA Form 223, Certificate of 

Registration, issued by DEA.

    (2) Holding agencies shall arrange for transfers of controlled 

substances under Sec. Sec. 101-43.309-5 and 101-42.207.

    (3) All controlled substances that a holding agency determines to be 

excess shall become surplus after the holding agency has complied with 

the utilization requirements of paragraph (a)(1) of this section.

    (b) Donation requirements. Controlled substances shall not be 

donated.

    (c) Sales requirements. Surplus controlled substances which are not 

required to be destroyed as provided in paragraph (d) of this section 

may be offered for sale by sealed bid under subpart 101-45.3 provided:

    (1) The invitation for bids (IFB):

    (i) Consists only of surplus controlled substances;

    (ii) Requires the normal bid deposit prescribed in Sec. 101-45.304-

10;

    (iii) Is distributed only to bidders who are registered with the 

DEA, Department of Justice, to manufacture, distribute, or dispense the 

controlled substances for which the bid is being submitted; and

    (iv) Contains the following special condition of sale:



    The bidder shall complete, sign, and return with his/her bid the 

certificate as contained in this invitation. No award will be made or 

sale consummated until after this agency has obtained from the Drug 

Enforcement Administration, Department of Justice, verification that the 

bidder is registered to manufacture, distribute, or dispense those



[[Page 183]]



controlled substances which are the subject of the award.



    (2) The following certification shall be made a part of the IFB (and 

contract) to be completed and signed by the bidder and returned with the 

bid:



    The bidder certifies that he/she is registered with the Drug 

Enforcement Administration, Department of Justice, as a manufacturer, 

distributor, or dispenser of the controlled substances for which a bid 

is submitted and that the registration number is --------.

________________________________________________________________________

Name of bidder (print or type)

________________________________________________________________________

Signature of bidder

________________________________________________________________________

Address of bidder (print or type)

________________________________________________________________________

City, State, Zip code



    (3) As a condition precedent to making an award for surplus 

controlled substances, the following shall be submitted to the Drug 

Enforcement Administration (DEA), Department of Justice, Washington, DC 

20537, Attn: Regulatory Support Section (ODR):

    (i) The name and address of the bidder(s) to whom an award is 

proposed to be made and the bidder(s) registration number(s);

    (ii) The name and address of both the holding activity and the 

selling activity;

    (iii) A description of the controlled substances, how those 

substances are packaged, and the quantity of substances proposed to be 

sold to the bidder;

    (iv) The identification of the IFB by its number, and date on which 

such bid(s) expire(s); and

    (v) A request for advice as to whether the bidder is a registered 

manufacturer, distributor, or dispenser of controlled substances.

    (d) Destruction of controlled substances. Controlled substances 

shall not be abandoned, and destruction of controlled substances must be 

accomplished in accordance with the terms and conditions applicable to 

drugs, biologicals, and reagents under Sec. 101-42.1102-5(d).

    (1) The following shall be destroyed by the holding agency or State 

agency:

    (i) Controlled substances determined surplus at one time and one 

place with an acquisition cost of less than $500;

    (ii) Controlled substances in a deteriorated condition or otherwise 

unusable;

    (iii) Controlled substances for sale in accordance with Sec. 101-

42.1102-3(c) but for which no satisfactory or acceptable bids were 

received.

    (2) In addition to the requirements set forth herein, each executive 

agency and State agency shall comply with the DEA regulations, 21 CFR 

1307.21, which provide procedures for disposing of controlled 

substances, or with equivalent procedures approved by DEA.

    (3) Destruction of controlled substances shall be performed by an 

employee of the holding agency or State agency in the presence of two 

additional employees of the agency as witnesses to that destruction 

unless the special agent in charge (SAC) of the DEA Divisional Office 

directs otherwise.