[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: 41CFR101-42.1102-9]



[Page 191-192]

 

           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. 101-42.1102-9  Acid contaminated and explosive contaminated property.



    (a) Utilization requirements. (1) Acid contaminated or explosive 

contaminated property shall be considered extremely hazardous property, 

and as such is not to be reported to GSA as excess personal property. 

Such property may be available for transfer to qualified recipients; 

i.e., those who are able to submit valid justifications as required by 

paragraph (a)(3) of this section.

    (2) Excess acid contaminated or explosive contaminated property 

shall be properly labeled under the labeling requirements of Sec. 101-

42.204.

    (3) With the authorization of the appropriate GSA regional office, 

holding activities may transfer acid contaminated or explosive 

contaminated property in conformance with the requirements of Sec. Sec. 

101-43.309-5 and 101-42.207. In addition, the requesting agency must 

submit a written justification with the transfer order explaining the 

specific need for and the anticipated uses of the requested acid or 

explosive contaminated property, and certify that personnel in contact 

with the property shall be informed of the hazard and shall be qualified 

to safely handle or use it.

    (4) The degree of decontamination and the responsibility for 

performance and costs of any decontamination shall be upon such terms as 

agreed to by the owning agency and the receiving agency.

    (5) The receiving agency is responsible for all transportation 

arrangements and costs of acid contaminated or explosive contaminated 

property approved for transfer. Such property



[[Page 192]]



shall be transported in compliance with Sec. 101-42.405.

    (b) Donation requirements. Acid contaminated and explosive 

contaminated property may be donated only with the authorization of the 

appropriate GSA regional office.

    (c) Sales requirements. (1) With the authorization of the 

appropriate GSA regional office, holding activities may sell acid 

contaminated or explosive contaminated property under Sec. 101-45.304, 

subpart 101-42.4, and the additional special requirements of this 

paragraph (c). Agencies shall include in reports of such property for 

sale on SF 126, a statement of the degree of contamination and any 

decontamination that has been performed, such as a washdown.

    (2) Acid or explosive contaminated property shall be considered 

extremely hazardous property as defined in Sec. 101-42.001, and shall 

be described as such in sales offerings. Normally, acid or explosive 

contaminated property shall be sold with a condition that the purchaser 

sufficiently decontaminate the property to the degree that it is no 

longer extremely hazardous.

    (3) IFBs for acid or explosive contaminated property shall clearly 

state the specific hazards associated with the items offered, along with 

known special handling, transportation, and personnel protection 

requirements. The bid page shall contain a certification substantially 

as follows which must be properly executed by the bidder in order for 

the bid to be responsive:



    CERTIFICATION: It is hereby certified that the purchaser will comply 

with all the applicable Federal, State, and local laws ordinances and 

regulations with respect to the care, handling, storage, and shipment, 

resale, export, and other use of the materials, hereby purchased, and 

that he/she is a user of, or dealer in, said materials and will comply 

with all applicable Federal, State, or local laws and regulations. This 

certification is made in accordance with and subject to the penalties of 

Title 18, Section 1001, the United States Code, Crime and Criminal 

Procedures.



    (d) Abandonment and destruction. Acid contaminated or explosive 

contaminated property shall not be abandoned, and when destroyed, such 

destruction shall be accomplished under the provisions of subparts 101-

45.9 and Sec. 101-42.406.