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AGENDA
Welcome: Bob Holcombe
• FMR 102-35 Disposition of Personal Property (“General” Guidance): Bob Holcombe
• FMR 102-21 - 102-28 Supply and Procurement: Elizabeth Allison
• FMR 102-36 Disposition of Excess Personal Property: Darlene Stickel
• FMR 102-37 Donation of Surplus Personal Property: Pat Elliott
• FMR 102-38 Sale of Surplus Personal Property : Darlene Stickel
• FMR 102-39 Exchange/Sale of Personal Property: Rick Bender
1
AGENDA continued
FMR 102-40 Items Requiring Special Handling/Hazardous Materials: Gary Thompson
FMR 102-42 Foreign Gifts and Decorations: Gary Thompson
FMR 102-41 Seized, Forfeited and Abandoned Property: Pat Elliott
Projects/Programs
Federal Asset Sales, eFAS: Derrick Miliner
Environmental Project: Darlene Stickel
Best Practices Awards: Darlene Stickel
Annual Reports: Rick Bender
2
ICPM
January 29, 2009
Overview of GSA Policies and Programs
FMR 102-35 Disposition of Personal Property
(“General” Guidance)
Presented by: Bob Holcombe
5
• Provides an overview of personal property disposal (disposition)
• Guides the user to specific Federal Management Regulation (FMR) sections covering each phase of the disposal process
• Covers some basic guidance applicable to ALL phases of disposal
• Authority for ALL GSA regulations: 40 U.S.C. 121(c)
Overview
6
Newcomer to the Personal Property field?
• This FMR Section Provides the best overview of the entire “normal” disposal process
7
• No changes planned. Current version published as Final Rule 3/7/07
Status
41 CFR 102-21 through 41 CFR 102-28
Supply and Procurement(proposed)
Presented by: Elizabeth Allison
9
• Provide policy for the effective acquisition and use of personal property
• Migrate Policy from the Federal Property Management Regulation (FPMR) to the Federal Management Regulation (FMR)
• Write in plain language question and answer format
• Authority: 40 U.S.C. 121(c)
Overview
10
• Federal agencies mandated to make communications with the public more understandable
• Questions and answers are an effective way to engage the reader and to break the information into manageable pieces
What is Changing?
11
Issues
• Deleted provisions not regulatory in nature, or that was obsolete or no longer appropriate for today’s Government business environment
• Policies addressed in other regulations are not duplicated in this FMR
• The FMR describes what is to be performed and less prescriptive
• Crosswalk incorporated in the preamble to show where provisions of the FPMR appear in the FMR or if they were deleted
12
Cross Reference Current FPMR to Proposed FMR
• 101-25 General
• 101-26 Procurement Sources and Program
• 102-23 Special Requirements and Policies for Buying Certain Other Categories of Property
• 102-21 Required Government Sources for Supplies and Services
13
• 101-27 Inventory Management
• 101-28 Storage and Distribution
• 101-29 Federal Product Description
• 101-30 General
• 102-25 Managing Government Owned Inventories
• 102-26 Managing Shelf-Life Materials
• 102-27 Federal Product Descriptions
• 102-28 Federal Catalog System
Cross Reference Current FPMR to Proposed FMR - continued
14
Newcomer to the Personal Property field?
• The FPMR/FMR provides a key reference to Government property management
• This FMR section prescribes policies for managing personal property from acquisition until you report it as excess property
• This FMR section establishes policy on maintaining control of your agency’s inventory – minimize the cost of the inventory and maximize its use
15
• Next Step - Federal Register notice of a Proposed Rule. March (?)
Status
FMR 102-36Disposition of Excess Property
Presented by: Darlene Stickel
17
Overview
• Provides policy for maximum utilization of Federal personal property
• This part covers the acquisition, transfer and disposal of excess personal property
• Provides requirement for agencies to provide Non-Federal Recipients Report
• Authority: 40 U.S.C. 121(c)
18
• Revision in process to clarify responsibilities of receiving agency when obtaining federal personal property
What is Changing?
19
Issues
• Proper disposal of excess personal property processes, and the acquisition of excess property from other agencies
• Identifies eligible recipients• Outlines agency responsibilities in the
management of excess personal property• Provides reporting requirements
20
• Proper disposition of excess personal property• Disposal codes• Authority for abandonment and destruction (a/d)• Addresses disposal of unusual assets• Reporting
Newcomer to the Personal Property field?
21
• Drafting revision for publication as Proposed Rule
Status
FMR 102-37Donation of Federal Surplus Property
Presented by: Pat Elliott
23
Overview
• Provides the policy for the donation of surplus Federal property
• Addresses requirements of both Federal agencies and recipients of Federal surplus personal property approved by GSA for donation
• Authority: 40 U.S.C. sections 121 and 549
24
Issue
Definition of Surplus:• Excess personal property becomes available
for donation the day following the surplus release date
• This means Federal screening period has been completed
• Only GSA can determine property is surplus
25
Issue - continued
• Who handles the donation of surplus property?
(a) The SASPs handle the donation of most surplus property to eligible donees within their States
(b) The GSA handles the donation of surplus property to public airports under a program by the Federal Aviation Administration (FAA)
• GSA may also donate to the American National Red Cross surplus property that was originally from or through the Red Cross
26
Issue - continued
(continued)
• Holding agencies may “donate”/transfer property that they would otherwise abandon or destroy directly to public bodies
27
• The process for requesting surplus property for donation varies, depending on who is making the request
– Donees should submit their requests for property directly to the appropriate SASP
– SASPs and public airports should submit their requests to the appropriate GSA regional office
Issue - continued
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Issue - continued
– Public airports must have FAA certify their transfer requests prior to submission to GSA for approval. GSA may ask SASPs or public airports to submit any additional information required to support and justify transfer of the property
– The American National Red Cross should submit requests to GSA
– Public bodies, when seeking to acquire property that is being abandoned or destroyed, must follow rules and procedures
29
• No changes planned. Current version published as Final Rule
Status
FMR 102-38Sale of Personal Property
Presented by Darlene Stickel
31
Overview
• This FMR Section provides the policy governing the Sale of Federal personal property
• What this regulation means to you: You may only sell Federal personal property if you are a Sales Center
• Authority: 40 U.S.C. Sections 121(c) and 545
32
Issues
• This FMR Section addresses the proper sales of Personal Property and the use of a Sales Center
• This regulation clarifies who needs a Sales Center to sell Government equipment; the Sales process; and the eFAS waiver process
33
What has Changed?
• Revised FMR Section helps agencies identify and select the best sales solutions for Federal Assets
• Allow for the sale of federal assets to be more visible to the Public
• These changes were part of the eFAS initiative
34
Newcomer to the Personal Property field?
This FMR regulation covers:• Overall policy regarding Sales of Federal
Personal Property (both surplus sales and exchange/sale sales)
• How to become a Sales Center• How to request a waiver
35
• Final Rule was published April 17, 2008
Status
FMR 102-39Exchange/Sale of Personal
Property
Presented by: Rick Bender
37
Overview
• FMR 102-39 addresses the exchange/sale of personal property. It basically explains what exchange/sale is, and how it can and cannot be used
• Exchange/sale is an authority that enables Federal agencies, when replacing personal property, to exchange or sell that property and use the proceeds to pay for replacement property
• Authority: 40 U.S.C. Sections 121(c) and 503
38
Issues
• Exchange/sale is a good option for agencies when replacing personal property because the proceeds provide a supplemental source of funding in acquiring new property
• For FY 2007, 26 agencies used exchange/sale, and the exchange allowances/sales proceeds totaled approximately $295 million
• When the regulations do not allow exchange/sale, GSA can consider a waiver (8 waivers in FY 2008)
39
Change
• FMR 102-39 was revised on August 29, 2008
• Changes were made in response to recommendations from the interagency Federal Asset Management Evaluation (FAME) team
• The changes are intended to make it easier for agencies to understand and use exchange/sale as appropriate
40
Newcomer to the Personal Property field?
• Exchange/sale can only be used when replacing personal property. It cannot be used for excess or surplus property that will not be replaced
• This authority cannot be used to pay for any type of services
• Properties that require periodic replacement (vehicles, furniture, IT equipment) are the best candidates for exchange/sale
41
• FMR 102-39 was published as a Final Rule on August 29, 2008
Status
FMR 102-40Items Requiring Special
Handling/Hazardous Materials
Presented by: Gary Thompson
43
Overview
• Disposition of Personal Property with Special Handling Requirements
• Migrating from FPMR 101-42–General Provisions–Definitions–Responsibilities–Transfer, Donation, and Sale
• Authority: 40 U.S.C. 121(c)
44
What is Changing
• Moving regulation from FPMR to FMR –Adds new terms and definitions–Allows agencies to sale property with special
handling requirement through Sale Centers.–Has special requirements for asbestos
handling–Introduces the topic of the disposal of
ammunition–Provides procedure for the disposal of
medical devices
45
–Remove obsolete requirements for letter of clearance by FDA
–Align policy on the disposal of fire arms with policy in 102-36
–Special requirement for handing commerce control items
–Procedure for handling:
• national stockpile items,
• ozone depleting substances
What is Changing - continued
46
• Next Step – Publish Final Rule in next few months
Status
FMR 102-42Foreign Gifts and Decorations
Presented by: Gary Thompson
48
Overview
• Policy covers the utilization, donation, and disposal of foreign gifts and decorations –General Provisions–Utilization–Donation–Sale or Destruction
• Authority: 40 U.S.C. 121(c)
49
What has Changed?
• Definition for “Minimal Value” Redefined to Mean $335.00
• Align policy with 5 U.S.C. 7432 allowing agencies to set own guidelines for obtaining appraisals
• Provide agencies with greater flexibility with the use of Internet
50
• Encourage agencies to use various methods in obtaining appraisals:–Commercial Appraisals–Retail Websites
• Department store websites• Commercial merchandise catalogs
• Appraisals no longer needed for property retained for “official use”
What has Changed? - continued
51
• Minimal value change published as Final Rule 2/8/08
• Change to appraisal policy published as Final Rule but “effective date” not finalized due to change of Administrations
Status
FMR 102-41Seized, Forfeited, and
Abandoned Property
Presented by: Pat Elliott
53
Overview
• This FMR Part provides policy on disposition of seized, forfeited, voluntarily abandoned, and unclaimed personal property
• GSA provides policy for agency activities not covered under separate laws (laws outside of 40 USC)
• Authority: 40 U.S.C. 121(c)
54
Issues
Forfeited Property
• How is personal property forfeited?• Personal property that has been seized by a
Federal agency may be forfeited through court decree or administratively forfeited if the agency has specific authority without going through the courts
55
Issues - continued
Voluntarily Abandoned property
• When is personal property voluntarily abandoned?
• Personal property is voluntarily abandoned when the owner of the property intentionally and voluntarily gives up title to such property. Title vests with the Government
56
Issues - continued
Unclaimed personal property
• Most people call this the “lost and found” property• After your agency holds the property for 30
calendar days and no one has filed a claim for it, the title to the property vests in the Government. If you decide not to retain the property for official use, report it as excess to GSA in accordance with 102–36
57
• No changes planned. Current version published as Final Rule
Status
58
Programs/Projects
• eFAS
• Environmental
• Best Practice Awards
• Annual Reports
Federal Asset Sales (eFAS)
Presented by: Derrick Miliner
60
Overview
• Presidential E-Government Initiative
• eFAS program requires all agencies to sell personal property through an approved Sales Center (SC)
• Policies codified in FMR 102-38 – Final Rule Published on April 17, 2008
61
Issues
• The eFAS vision is to maximize value to the citizen, business, and government when selling real and personal property to the general public
• OMB approves new Sales Centers• New Sales Center Bids may be considered
annually • As with any regulation, waivers may be
considered
62
• Personal Property – Sales Centers
• Real Property - Portal Sponsors
• Performance Measures were developed by eFAS and Executive Steering Committee
Issues - continued
63
GOAL 1
“Continually leverage technology to simplify and streamline the processes used to sell federal property to the public.”
GOAL 2
“Select and utilize efficient and effective personal property sales centers and real property portal sponsors to conduct Federal sales to the public.”
Issues - continued
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GOAL 3
“Create internal and external communications strategies to facilitate the success and viability of eFAS.”
GOAL 4
“Institutionalize eFAS governance structures and business processes to improve the quality of information available to the government decision making and business processes.”
Issues - continued
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Environmental Projects
• Attend interagency meetings • Work with EPA committees• Bulletins• Executive Orders
–Disposal–EPEAT–Green purchasing
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Best Practice Awards
Personal Property has two awards that are presented annually
• Miles Romney Achievement Award for Innovation in Personal Property Management. $5000 cash award
• Gold Star Award for Excellence in Implementing Federal Computers for Learning Programs. $1500 cash award
67
Best Practice Awards - continued
• Miles Romney: Agencies responsible for the management of Federal personal property develop and implement innovative policies and practices that benefit the entire federal community
• Gold Star: Awards are presented annually to recognize the Federal Government’s commitment to Executive Order 12999, Educational Technology: Ensuring Opportunity for all Children in the Next Century
68
Best Practice Awards - continued
• Nomination period is January 1 thru March 31, 2009• Individuals or teams can be nominated• Nominations can be sent through the mail to:
Office Transportation, Travel, and Asset Mgmt
Property Award Team (MTA)
1800 F St NW, Room 1221,
Washington, DC 20405
or online at www.gsa.gov/assetawards• 2009 Awards will be presented at the NPMA National
Education Seminar in San Antonio, TX August 17-20
69
Annual Reports
• Non-Federal Recipients report under the authority of 40 U.S.C. 529 are due annually by December 29
• Exchange/Sale Annual Report under the authority of FMR 102-39.85 is due annually by December 29
• Negotiated Sales Report under the authority of FMR 102-38.330 is due annually by November 30
• All reports are due to the Director, Personal Property Management Policy Division (MTA), Office of Governmentwide Policy, GSA, Washington, DC 20405
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OGP Personal Property
Bob Holcombe
202-501-3828
Beth Allison
202-219-1729
Rick Bender
202-501-3448
Pat Elliott
202-219-3561
Derrick Miliner
202-273-3564
Gary Thompson
202-208-7433
Darlene Stickel
202-208-4159
Whitney Curry
202-219-2216
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Web Site/Toll Free Number
www.gsa.gov/personalpropertypolicy
1-866-806-7767
Property Management Bulletins
Topic Where it can be found
Use of Voluntary Consensus Bulletin B-18
Standards
Stewardship of Property Bulletin B-17
Use of Photographs in Disposal Bulletin B-14
Use of Exchange/Sale Bulletin B-13
Use of RFID Technology Bulletin B-7
Annual Reports Bulletin B-5
Disposal of Electronic Equipment Bulletin B-4
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