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Subpart A-General Provisions
102-38.5- What does this part cover?
102-38.10- What is the governing authority for this part?
102-38.15- Who must comply with these sales provisions?
102-38.20- Must an executive agency follow the regulations of this part when selling all personal property?
102-38.25- To whom do "we", "you", and their variants refer?
102-38.30- How does an executive agency request a deviation from the provisions of this part?
102-38.35- What definitions apply to this part?
102-38.40- Who may sell personal property?
102-38.45- What are an executive agency's responsibilities in selling personal property?
102-38.50- What must we do when an executive agency suspects violations of 40 U.S.C. 559, fraud, bribery, or criminal collusion in connection with the disposal of personal property?
102-38.55- What must we do when selling personal property?
102-38.60- Who is responsible for the costs of care and handling of the personal property before it is sold?
102-38.65- What if we are or the holding agency is notified of a Federal requirement for surplus personal property before the sale is complete?
102-38.70- May the holding agency abandon or destroy personal property either prior to or after trying to sell it?
Subpart B-Sales Process
Methods of Sale
102-38.75- How may we sell personal property?
102-38.80- Which method of sale should we use?
102-38.85- What is a sealed bid sale?
102-38.90- What is a spot bid sale?
102-38.95- What is an auction?
102-38.100- What is a negotiated sale?
102-38.105- Under what conditions may we negotiate sales of personal property?
102-38.110- Who approves our determinations to conduct negotiated sales?
102-38.115- What are the specific reporting requirements for negotiated sales?
102-38.120- When may we conduct negotiated sales of personal property at fixed prices (fixed price sale)?
102-38.125- May we sell personal property at fixed prices to State agencies?
102-38.130- Must we publicly advertise sales of Federal personal property?
102-38.135- What constitutes a public advertisement?
102-38.140- What must we include in the public notice on sale of personal property?
102-38.145- Must we allow for inspection of the personal property to be sold?
102-38.150- How long is the inspection period?
Offer to Sell
102-38.155- What is an offer to sell?
102-38.160- What must be included in the offer to sell?
102-38.165- Are the terms and conditions in the offer to sell binding?
102-38.170- May we sell Federal personal property to anyone?
102-38.175- How do we find out if a person or entity has been suspended or debarred from doing business with the Government?
102-38.180- May we sell Federal personal property to a Federal employee?
102-38.185- May we sell Federal personal property to State or local governments?
Acceptance of Bids
102-38.190- What is considered a responsive bid?
102-38.195- Must bidders use authorized bid forms?
102-38.200- Who may accept bids?
102-38.205- Must we accept all bids?
102-38.210- What happens when bids have been rejected?
102-38.215- When may we disclose the bid results to the public?
102-38.220- What must we do when the highest bids received have the same bid amount?
102-38.225- What are the additional requirements in the bid process?
102-38.230- Is a bid deposit required to buy personal property?
102-38.235- What types of payment may we accept as bid deposits?
102-38.240- What happens to the deposit bond if the bidder defaults or wants to withdraw his/her bid?
102-38.245- Do we consider late bids for award?
102-38.250- How do we handle late bids that are not considered?
Modification or Withdrawal of Bids
102-38.255- May we allow a bidder to modify or withdraw a bid?
Mistakes in Bids
102-38.260- Who makes the administrative determinations regarding mistakes in bids?
102-38.265- Must we keep records on administrative determinations?
102-38.270- May a bidder protest the determinations made on sales of personal property?
Subpart D-Completion of Sale
102-38.275- To whom do we award the sales contract?
102-38.280- What happens when there is no award?
Transfer of Title
102-38.285- How do we transfer title from the Government to the buyer for personal property sold?
102-38.290- What types of payment may we accept?
Disposition of Proceeds
102-38.295- May we retain sales proceeds?
102-38.300- What happens to sales proceeds that neither we nor the holding agency are authorized to retain, or that are unused?
102-38.305- How do we handle disputes involved in the sale of Federal personal property?
102-38.310- Are we required to use the Disputes clause in the sale of personal property?
102-38.315- Are we required to use Alternative Disputes Resolution for sales contracts?
Subpart E-Other Governing Statutes
102-38.320- Are there other statutory requirements governing the sale of Federal personal property?
102-38.325- What are the requirements pertaining to antitrust laws?
Subpart F-Reporting Requirements
102-38.330- Are there any reports that we must submit to the General Services Administration?
102-38.335- Is there any additional personal property sales information that we must submit to the General Services Administration?
Subpart G-Provisions for State and Local Governments
102-38.340- How may we sell personal property to State and local governments?
102-38.345- Do we have to withdraw personal property advertised for public sale if a State Agency for Surplus Property wants to buy it?
102-38.350- Are there special provisions for State and local governments regarding negotiated sales?
102-38.355- Do the regulations of this part apply to State Agencies for Surplus Property (SASPs) when conducting sales?
Subpart H-Implementation of the Federal Asset Sales Program
102-38.360- What must an executive agency do to implement the eFAS program?
102-38.365- Is a holding agency required to report property in "scrap" condition to its selected SC?
102-38.370- What does a holding agency do with property which cannot be sold by its SC?