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Federal Management Regulation; Donation of Surplus Personal Property
1.The authority for part 102-37 continues to read as follows:
Authority: 40 U.S.C. 549 and 121(c).
2.Amend § 102-37.25 by alphabetically adding the definition “Allocation” to read as follows: § 102-37.25 What definitions apply to this part?
* * * * *
Allocation means the process by which GSA identifies the SASP to receive surplus property on a fair and equitable basis, taking into account the condition of the property as well as the original acquisition cost of the property. * * * * *
3.Amend § 102-37.50 by revising paragraph (c) to read as follows: § 102-37.50 What is the general process for requesting surplus property for donation?
* * * * * (c) The American National Red Cross should submit requests to GSA as described in subpart G of this part when obtaining property under the authority of 40 U.S.C. 551. * * * * *
4.Amend § 102-37.125 by revising paragraph (a)(3) to read as follows: § 102-37.125 What are some donations that do not require GSA’s approval?
(a) * * * (3) Donations by the Small Business Administration (SBA) to small disadvantaged businesses under 13 CFR part 124 (although collaboration and agreement between the SBA, SASPs, and GSA is encouraged); and * * * * *
5.Amend § 102-37.175 by— a. Removing “GSA’s system, FEDS)” and adding “GSAXcess)” in its place; b. Designating the existing paragraph as paragraph (a); and c. Adding paragraph (b).
The addition reads as follows:
§ 102-37.175 How does a SASP find out what property is potentially available for donation?
* * * * * (b) For the SASP (or a SASP’s representative) to perform onsite screening, the screener must coordinate the onsite visit and screening with the individual holding agency or organization. The screener should ascertain the identification required and any special procedures for access to the facility or location.
§§ 102-37.180 and 102-37.185 [Removed and Reserved] 6.Remove and reserve §§ 102-37.180 and 102-37.185. 7.Amend § 102-37.380 by adding paragraph (d) to read as follows: § 102-37.380 What is the statutory authority for donations of surplus Federal property made under this subpart?
* * * * * (d) Section 549(c)(3)(C) of title 40, United States Code authorizes SASPs to donate property to veterans organizations, for purposes of providing services to veterans (as defined in section 101 of title 38). Eligible veterans organizations are those whose: (1) Membership comprises substantially veterans; and (2) Representatives are recognized by the Secretary of Veterans Affairs under section 5902 of title 38.
8.Amend § 102-37.420 by adding a second sentence to read as follows: § 102-37.420 May a SASP grant conditional eligibility to applicants who would otherwise qualify as eligible donees, but have been unable to obtain approval, accreditation, or licensing because they are newly organized or their facilities are not yet constructed?
* * * Conditional eligibility may be granted for a limited and reasonable time, not to exceed one year.
9.Amend § 102-37.430 by adding a third sentence to read as follows: § 102-37.430 What property can a SASP make available to a donee with conditional eligibility?
* * * If property is provided to the donee with conditional eligibility, and the conditional eligibility lapses (see § 102-37.420), the property must be returned to the SASP for redistribution or disposal.
10.Add Subpart I, consisting of §§ 102-37.585 through 102-37.600, to read as follows:
§ 102-37.585 In transferring donated surplus vehicles, what is the responsibility of the holding agency?
(a) The holding agency is responsible for preparing Standard Form 97, The United States Government Certificate to Obtain Title to a Vehicle (SF 97) upon notification by GSA that a donee has been identified. The SF 97 may be prepared by GSA if mutually agreed upon by the holding agency and GSA. The holding agency is designated as the “transferor.” (b) If the holding agency authorizes or requires any other entity, including a contractor or grantee, to complete this SF 97, the holding agency must first ensure compliance with the Paperwork Reduction Act.
(c) The SF 97 is a serially numbered, controlled form, stock number 7540-00-634-4047, which can be obtained by executive agencies from GSA Global Supply or online at www.gsaglobalsupply.gsa.gov. Proper precautions shall be exercised by the agency to prevent blank copies of the SF 97 from being obtained by unauthorized persons.
§ 102-37.590 In transferring donated surplus vehicles, what is the responsibility of the SASP?
The SASP is responsible for facilitating the transfer of the surplus vehicle to the donee in accordance with this part. The SASP should not sign the SF 97 as “transferee” unless the SASP is the donee.
§ 102-37.595 When transferring donated surplus vehicles, what is the responsibility of the donee?
The donee is responsible for processing the SF 97 in accordance with state licensing and titling authorities. The donee signs the SF 97 as “transferee” upon receipt of the surplus motor vehicle. The donee is responsible for notifying the SASP if a SF 97 is not provided by the Government.
§ 102-37.600 When does title to a surplus donated vehicle change hands?
Title to the vehicle rests with the holding agency until the SF 97 is signed by the donee upon receipt of the surplus motor vehicle. (If applicable under the terms of the donation, the title will be conditional until the end of the period of restriction).
11.Amend Appendix C to part 102.37 by alphabetically adding the definition of “Veterans Organizations” to read as follows:
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