Subchapter B—Personal Property

Part 102-38—Sale of Personal Property

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?
Competitive Sales
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?
Negotiated Sales
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?
Pre-Sale Activities
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?

Subpart C—Bids

Buyer Eligibility
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?
Bid Deposits
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?
Late Bids
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?
Antitrust Requirements
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?
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