[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: 41CFR101-42.403]



[Page 176-177]

 

           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 101-42.4_Sale, Abandonment, or Destruction of Surplus Hazardous 

              Materials and Certain Categories of Property

 

Sec. 101-42.403  Sales methods and procedures.



    Hazardous materials are sold in accordance with the provisions of 

Sec. 101-45.304 and the following special methods and procedures.

    (a) Sales which offer hazardous materials shall be conducted 

separately from other sales. Sale catalogs or listings which offer 

hazardous materials shall not be mailed to all persons on the general 

sales mailing list but shall be sent to only those persons and entities 

which have expressed an interest in purchasing such materials.

    (b) Sale catalogs, listings, and invitations for bids, with respect 

to hazardous materials, shall:

    (1) Limit the materials in each lot for sale to a single Federal 

supply group;

    (2) Indicate, in the item description, if an MSDS has been issued 

for the property being sold; and

    (3) Indicate, in the item description, if an item is being sold only 

for its material content.

    (c) For a bid to be considered for award, the bidder must sign the 

following certification:



    The bidder hereby certifies that if awarded a contract under this 

invitation for bids, the bidder will comply with all applicable Federal, 

State, and local laws, ordinances, and regulations with respect to the 

care, handling, storage, shipment, resale, export, or other use of the 

material hereby purchased. The bidder will hold the Government harmless 

from any or all debts, liabilities, judgments, costs, demands, suits, 

actions, or other claims of any nature arising from or incident to the 

handling, use, storage, shipment, resale, export, or other disposition 

of the hazardous items purchased.



    (d) MSDSs, printed HMIS records, where applicable, or a written 

description in compliance with the requirements of 29 CFR 1910.1200 

shall be sent



[[Page 177]]



to purchasers of hazardous materials with their notice of award.

    (e) Unless authorized by the appropriate GSA regional office, a 

holding agency shall not sell extremely hazardous property unless the 

property is rendered innocuous or adequate safeguards are provided. Such 

property shall be rendered innocuous in a manner so as to preserve the 

utility or commercial value of the property.