General
In a few words, what is meant by “exchange/sale?”
You are able to exchange or sell personal property and use the exchange value or sales proceeds to offset the cost of acquiring similar replacement property.
What is the legal and regulatory authority?
The legal authority is found in 40 U.S. Code § 503. GSA developed implementing policies at 41 CFR 102-39.
Am I required to do an exchange AND a sale?
No, some property managers, upon first hearing the term “exchange/sale,” presume that both actions must be taken in the same transaction. Further, you are not required to do either an exchange OR a sale if such transactions do not benefit your agency.
What are general restrictions?
- You shouldn’t do an exchange/sale transaction if the estimated proceeds or allowances are small compared to the value of what you are acquiring.
- Transactions can’t involve one of the “restricted” commodities in 41 CFR 102-39.60.
- Consult 41 CFR 102-39.60 and 41 CFR 102-39.65 for the full list of restrictions and conditions.
Agency management
How should my agency manage the exchange/sale authority?
Your agency should:
- Promulgate agency policy and guidance to ensure the effective and controlled use of the exchange/sale authority. This policy should encourage the use of this authority to the greatest extent feasible and put up no barriers, restrictions, and caveats beyond what is required by Government-wide policy and the agency need for sound management.
- Develop a holistic perspective on use of this authority. For example, the authority is given to your entire agency; it’s not limited to a geographic location or agency program. Even if your program does not need a replacement asset, another program or location within your agency may be looking for a similar replacement asset.
Similar items
Why is the definition of “similar” items important?
As the legal authority for exchange/sale at 40 U.S. Code § 503 utilizes this term, it is important to define this term in our regulations.
What are “similar” items?
41 CFR 102-39.2 provides the definition for “similar” items.
“Similar” means the acquired item(s) and replaced item(s):
- Are identical; or
- Fall within a single Federal Supply Classification (FSC) Group of property (includes any and all forms of property within a single FSC Group); or
- Are parts or containers for similar end items; or
- Are designed or constructed for the same general purpose (includes any and all forms of property regardless of the FSC Group to which they are assigned).
Do I have to meet all four of the criteria in the definition of “similar”?
No. You only need to meet one of the criteria in this definition for the property to be considered “similar” for an exchange/sale transaction.
Exchanges under exchange/sale
How do we conduct exchanges?
Your agency does the research to obtain the best deal on behalf of the Government from among the various vendors and manufacturers. The “best deal” consideration includes the allowance provided, as well as the value and utility of the replacement asset obtained.
How do we account for the exchange allowances?
You must account for exchange allowances in accordance with the general finance and accounting rules applicable to you. Except as otherwise authorized by law, all exchange allowances under this part will be available during the fiscal year in which the property was exchanged and for one fiscal year thereafter for the purchase of replacement property. Under no circumstances will deviations be granted for this section.
Sales under exchange/sale
Who may conduct these sales?
Sales must be conducted in accordance with 41 CFR 102-38. Generally, all sales must be conducted by one of the OMB- and GSA-approved Sales Centers. Contact the Sales Center your agency has designated for surplus sales to determine if they are also approved to conduct exchange/sale sales.
How do we handle sales proceeds under exchange sale?
You must account for sales proceeds under exchange/sale in accordance with the general finance and accounting rules applicable to you. Except as otherwise authorized by law, all sale proceeds under this part will be available during the fiscal year in which the property was sold and for one fiscal year thereafter for the purchase of replacement property. Any proceeds of sale not applied to replacement purchases during this time must be deposited in the United States Treasury as miscellaneous receipts. Under no circumstances will deviations be granted for this section.
Reporting requirements
What are the reporting requirements following our exchange/sale transactions?
You must submit, within 90 calendar days after the close of each fiscal year (FY), an exchange/sale report using the online Personal Property Reporting Tool template found at https://www.property.reporting.gov. This template provides the specific information needed for your agency’s report. You can contact the GSA Help Desk at help.PPRT@gsa.gov if you need assistance accessing the online reporting tool. All reports, including negative reports, must be submitted electronically through the Personal Property Reporting Tool. Transactions involving books and periodicals in your libraries need not be reported.
Miscellaneous
What are some other “good to know” things?
- You can exchange/sell scrap material in certain circumstances (41 CFR 102-39(e)).
- Agency sale of scrap is allowed under some circumstances (41 CFR 102-38.365).
- The exchange or sale may occur before or after the acquisition of the similar replacement property.
- Exchanged or sold assets should be in use by the agency for one year prior to the exchange or sale. Property should not be acquired solely for use in an exchange/sale transaction.
- If you have any questions or comments on the exchange/sale policy or guidance, please contact the Personal Property Policy Division at askpersonalproperty@gsa.gov.