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Subchapter B—Personal Property
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Part 102-37—Donation of Surplus Personal Property

Subpart A—General Provisions

102-37.5— What does this part cover?
102-37.10— What is the primary governing authority for this part?
102-37.15— Who must comply with the provisions of this part?
102-37.20— How do we request a deviation from this part and who can approve it?
Definitions
102-37.25— What definitions apply to this part?
Donation Overview
102-37.30— When does property become available for donation?
102-37.35— Who handles the donation of surplus property?
102-37.40— What type of surplus property is available for donation?
102-37.45— How long is property available for donation screening?
102-37.50— What is the general process for requesting surplus property for donation?
102-37.55— Who pays for transportation and other costs associated with a donation?
102-37.60— How much time does a transferee have to pick up or remove surplus property from holding agency premises?
102-37.65— What happens to surplus property that has been approved for transfer when the prospective transferee decides it cannot use the property and declines to pick it up?
102-37.70— How should a transferee account for the receipt of a larger or smaller number of items than approved by GSA on the SF 123?
102-37.75— What should be included in a shortage report?
102-37.80— What happens to surplus property that isn’t transferred for donation?
102-37.85— Can surplus property being offered for sale be withdrawn and approved for donation?

Subpart B—General Services Administration (GSA)

102-37.90— What are GSA’s responsibilities in the donation of surplus property?
102-37.95— How will GSA resolve competing transfer requests?
102-37.100— What factors will GSA consider in allocating surplus property among SASPs?

Subpart C—Holding Agency

102-37.110— What are a holding agency’s responsibilities in the donation of surplus property?
102-37.115— May a holding agency be reimbursed for costs incurred incident to a donation?
102-37.120— May a holding agency donate surplus property directly to eligible non-Federal recipients without going through GSA?
102-37.125— What are some donations that do not require GSA’s approval?

Subpart D—State Agency for Surplus Property (SASP)

102-37.130— What are a SASP’s responsibilities in the donation of surplus property?
102-37.135— How does a SASP become eligible to distribute surplus property to donees?
State Plan of Operation
102-37.140— What is a State plan of operation?
102-37.145— Who is responsible for developing, certifying, and submitting the plan?
102-37.150— What must a State legislature include in the plan?
102-37.155— When does a plan take effect?
102-37.160— Must GSA approve amendments or modifications to the plan?
102-37.165— Do plans or major amendments require public notice?
102-37.170— What happens if a SASP does not operate in accordance with its plan?
Screening and Requesting Property
102-37.175— How does a SASP find out what property is potentially available for donation?
102-37.180— [Reserved]
102-37.185— [Reserved]
102-37.190— What records must a SASP maintain on authorized screeners?
102-37.195— Does a SASP have to have a donee in mind to request surplus property?
102-37.200— What certifications must a SASP make when requesting surplus property for donation?
102-37.205— What agreements must a SASP make?
102-37.210— Must a SASP make a drug-free workplace certification when requesting surplus property for donation?
102-37.215— When must a SASP make a certification regarding lobbying?
Justifying Special Transfer Requests
102-37.220— Are there special types of surplus property that require written justification when submitting a transfer request?
102-37.225— What information or documentation must a SASP provide when requesting a surplus aircraft or vessel?
102-37.230— What must a letter of intent for obtaining surplus aircraft or vessels include?
102-37.235— What type of information must a SASP provide when requesting surplus property for cannibalization?
102-37.240— How must a transfer request for surplus firearms be justified?
Custody, Care, and Safekeeping
102-37.245— What must a SASP do to safeguard surplus property in its custody?
102-37.250— What actions must a SASP take when it learns of damage to or loss of surplus property in its custody?
102-37.255— Must a SASP insure surplus property against loss or damage?
Distribution of Property
102-37.260— How must a SASP document the distribution of surplus property?
102-37.265— May a SASP distribute surplus property to eligible donees of another State?
102-37.270— May a SASP retain surplus property for its own use?
Service and Handling Charges
102-37.275— May a SASP accept personal checks and non-official payment methods in payment of service charges?
102-37.280— How may a SASP use service charge funds?
102-37.285— May a SASP use service charge funds to support non-SASP State activities and programs?
Disposing of Undistributed Property
102-37.290— What must a SASP do with surplus property it cannot donate?
102-37.295— Must GSA approve a transfer between SASPs?
102-37.300— What information must a SASP provide GSA when reporting unneeded usable property for disposal?
102-37.305— May a SASP act as GSA’s agent in selling undistributed surplus property (either as usable property or scrap)?
102-37.310— What must a proposal to sell undistributed surplus property include?
102-37.315— What costs may a SASP recover if undistributed surplus property is retransferred or sold?
102-37.320— Under what conditions may a SASP abandon or destroy undistributed surplus property?
Cooperative Agreements
102-37.325— With whom and for what purpose(s) may a SASP enter into a cooperative agreement?
102-37.330— Must the costs of providing support under a cooperative agreement be reimbursed by the parties receiving such support?
102-37.335— May a SASP enter into a cooperative agreement with another SASP?
102-37.340— When may a SASP terminate a cooperative agreement?
Audits and Reviews
102-37.345— When must a SASP be audited?
102-37.350— Does coverage under the single audit process in OMB Circular A-133 exempt a SASP from other reviews of its program?
102-37.355— What obligations does a SASP have to ensure that donees meet Circular A-133 requirements?
Reports
102-37.360— What reports must a SASP provide to GSA?
Liquidating a SASP
102-37.365— What steps must a SASP take if the State decides to liquidate the agency?
102-37.370— Do liquidation plans require public notice?

Subpart E—Donations to Public Agencies, Service Educational Activities (SEAs), and Eligible Nonprofit Organizations

102-37.375— How is the pronoun “you” used in this subpart?
102-37.380— What is the statutory authority for donations of surplus Federal property made under this subpart?
Donee Eligibility
102-37.385— Who determines if a prospective donee applicant is eligible to receive surplus property under this subpart?
102-37.390— What basic criteria must an applicant meet before a SASP can qualify it for eligibility?
102-37.395— How can a SASP determine whether an applicant meets any required approval, accreditation, or licensing requirements?
102-37.400— What type of eligibility information must a SASP maintain on donees?
102-37.405— How often must a SASP update donee eligibility records?
102-37.410— What must a SASP do if a donee fails to maintain its eligibility status?
102-37.415— What should a SASP do if an applicant appeals a negative eligibility determination?
Conditional Eligibility
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?
102-37.425— May a SASP grant conditional eligibility to a not-for-profit organization whose tax-exempt status is pending?
102-37.430— What property can a SASP make available to a donee with conditional eligibility?
Terms and Conditions of Donation
102-37.435— For what purposes may donees acquire and use surplus property?
102-37.440— May donees acquire property for exchange?
102-37.445— What certifications must a donee make before receiving property?
102-37.450— What agreements must a donee make?
Special Handling or Use Conditions
102-37.455— On what categories of surplus property has GSA imposed special handling conditions or use limitations?
102-37.460— What special terms and conditions apply to the donation of aircraft and vessels?
Release of Restrictions
102-37.465— May a SASP modify or release any of the terms and conditions of donation?
102-37.470— At what point may restrictions be released on property that has been authorized for cannibalization?
102-37.475— What are the requirements for releasing restrictions on property being considered for exchange?
Compliance and Utilization
102-37.480— What must a SASP do to ensure that property is used for the purpose(s) for which it was donated?
102-37.485— What actions must a SASP take if a review or other information indicates noncompliance with donation terms and conditions?
102-37.490— When must a SASP coordinate with GSA on compliance actions?
102-37.495— How must a SASP handle funds derived from compliance actions?
Returns and Reimbursement
102-37.500— May a donee receive reimbursement for its donation expenses when unneeded property is returned to the SASP?
102-37.505— How does a donee apply for and receive reimbursement for unneeded property returned to a SASP?
Special Provisions Pertaining to SEAs
102-37.510— Are there special requirements for donating property to SEAs?
102-37.515— Do SEAs have a priority over other SASP donees for DOD property?

Subpart F—Donations to Public Airports

102-37.520— What is the authority for public airport donations?
102-37.525— What should a holding agency do if it wants a public airport to receive priority consideration for excess personal property it has reported to GSA?
102-37.530— What are FAA’s responsibilities in the donation of surplus property to public airports?
102-37.535— What information must FAA provide to GSA on its administration of the public airport donation program?

Subpart G—Donations to the American National Red Cross

102-37.540— What is the authority for donations to the American National Red Cross?
102-37.545— What type of property may the American National Red Cross receive?
102-37.550— What steps must the American National Red Cross take to acquire surplus property?
102-37.555— What happens to property the American National Red Cross does not request?

Subpart H—Donations to Public Bodies in Lieu of Abandonment/Destruction

102-37.560— What is a public body?
102-37.565— What is the authority for donations to public bodies?
102-37.570— What type of property may a holding agency donate under this subpart?
102-37.575— Is there a special form for holding agencies to process donations?
102-37.580— Who is responsible for costs associated with the donation?

Subpart I—Transfer of Vehicle Title to a Donee

102-37.585— In transferring donated surplus vehicles, what is the responsibility of the holding agency?
102-37.590— In transferring donated surplus vehicles, what is the responsibility of the SASP?
102-37.595— When transferring donated surplus vehicles, what is the responsibility of the donee?
102-37.600— When does title to a surplus donated vehicle change hands?

Appendix A—Miscellaneous Donation Statutes

Appendix B—Elements of a State Plan of Operation

Appendix C—Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations

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Subchapter B -- Personal Property, FMR