Federal Management Regulation; Sale of Personal Property, 40763-40765 [2010-17176]
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wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 134 / Wednesday, July 14, 2010 / Proposed Rules
regulate these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: Any comments on this proposal
must arrive by August 13, 2010.
ADDRESSES: Submit comments,
identified by docket number [EPA–R09–
OAR–2010–0514], by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send email directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Nicole Law, EPA Region IX, (415) 947–
4126, law.nicole@epa.gov.
SUPPLEMENTARY INFORMATION: This
proposal addresses the following local
rules: SCAQMD 1144, SCAQMD 1145,
and SMAQMD 456. In the Rules and
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Regulations section of this Federal
Register, we are approving these local
rules in a direct final action without
prior proposal because we believe these
SIP revisions are not controversial. If we
receive adverse comments, however, we
will publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule. Please note that
if we receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
Dated: June 18, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2010–17074 Filed 7–13–10; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–38
[FMR Case 2010–102–3; Docket 2010–0014;
Sequence 1]
RIN 3090–AJ04
Federal Management Regulation; Sale
of Personal Property
AGENCY: Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Proposed rule.
SUMMARY: The General Services
Administration is amending the Federal
Management Regulation (FMR) by
amending the provisions for the sale of
personal property through Federal Asset
Sales (FAS) Sales Centers.
DATES: Interested parties should submit
comments in writing on or before
August 13, 2010 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FMR case 2010–102–3 by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
www.gsa.gov/fmr. Click on FMR
Proposed Rules, and the FMR case
number to submit comments.
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40763
• E-mail: fmrcase.2010–102–
3@gsa.gov. Include FMR case 2010–
102–3 in the subject line of the message.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1800 F Street, NW., Room
4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments
only and cite FMR case 2010–102–3 in
all correspondence related to this case.
All comments received will be posted
without change to https://www.gsa.gov/
fmr, including any personal information
provided. Click on FMR Public
Comments.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat, Room 4041, GS
Building, Washington, DC 20405, at
(202) 501–4755 for information
pertaining to status or publication
schedules. For clarification of content,
contact Mr. Robert Holcombe, Office of
Governmentwide Policy, Personal
Property Management Policy, at
(202) 501–3828, or e-mail at
robert.holcombe@gsa.gov. Please cite
FMR case 2010–102–3.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed amendment to part
102–38 of the Federal Management
Regulation (41 CFR part 102–38)
updates policy pursuant to the transfer
of the oversight of the Federal Asset
Sales program from GSA’s Office of
Governmentwide Policy to GSA’s
Federal Acquisition Service. Due to this
transfer, and the incorporation of these
practices into the way the Government
sells its property, references to the
Executive Steering Committee, Planning
Office and the eFAS acronym are
proposed to be removed.
This proposed amendment also—
1. Adds the definition for contractor
inventory and revises the definitions for
Federal Asset Sales and Sales Center
(section 102–38.35);
2. Clarifies that contractor inventory
may be disposed of by the contractor
when required by the Federal contract
(section 102–38.40);
3. Clarifies the reporting requirement
for negotiated sales (section 102–
38.115(a));
4. Removes reference to Standard
Form (SF) 97A, as this form is no longer
available from GSA. (Section
102.38.285.);
5. Clarifies the policy on antitrust
requirements (section 102–38.325); and
6. Makes minor edits, updates
organizational designations, and makes
non-substantive changes to improve the
readability and ease of use of this
policy.
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Federal Register / Vol. 75, No. 134 / Wednesday, July 14, 2010 / Proposed Rules
§ 102–38.30
B. Executive Order 12866
It has been determined that this
proposed rule is not a significant
regulatory action for the purposes of
Executive Order 12866.
C. Regulatory Flexibility Act
This proposed rule is not required to
be published in the Federal Register for
comment. Therefore, the Regulatory
Flexibility Act does not apply. However,
this proposed rule is being published to
provide transparency in the
promulgation of Federal policies.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed changes
to the FMR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
E. Small Business Regulatory
Enforcement Fairness Act
This proposed rule is exempt from
Congressional review under 5 U.S.C.
801 since it relates solely to agency
management and personnel.
List of Subjects in 41 CFR Part 102–38
Government property management,
Surplus Government property.
Dated: May 17, 2010.
Kathleen M. Turco,
Associate Administrator, Office of
Governmentwide Policy.
For the reasons set forth in the
preamble, GSA amends 41 CFR part
102–38 as set forth below:
PART 102–38—SALE OF PERSONAL
PROPERTY
1. The authority citation for part 102–
38 continues to read as follows:
Authority: 40 U.S.C. 545 and 40 U.S.C.
121(c).
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
2. Amend § 102–38.15 by designating
the existing paragraph as paragraph (a)
and adding a new paragraph (b) to read
as follows:
§ 102–38.15 Who must comply with these
sales provisions?
*
*
*
*
*
(b) Sales of contractor inventory are
not required to follow policy regarding
the Federal Asset Sales program
contained in Subpart H of this part.
However, such sales must follow the
policy contained in Subparts A through
G of this part in addition to the terms
of the Federal contract.
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[Amended]
3. Amend § 102–38.30 in the second
sentence by removing ‘‘(eFAS)’’,
‘‘initiative’’, and ‘‘milestones’’.
4. Amend § 102–38.35 by—
a. Adding the definition for
‘‘Contractor Inventory’’;
b. Removing the definition for
‘‘Federal Asset Sales (eFAS)’’;
c. Adding the definition for ‘‘Federal
Asset Sales’’;
d. Removing the definition for
‘‘Federal Asset Sales Planning Office
(eFAS Planning Office)’’;
e. Removing the definition for
‘‘Migration Plan’’; and
f. Revising the definition for ‘‘Sales
Center (SC)’’.
The added and revised definitions
read as follows:
§ 102–38.35
part?
What definitions apply to this
*
*
*
*
*
Contractor Inventory means—
(1) Any property acquired by and in
the possession of a contractor or
subcontractor under a contract for
which title is vested in the Government
and which exceeds the amounts needed
to complete full performance under the
entire contract;
(2) Any property that the Government
is obligated or has the option to take
over under any type of contract, e.g., as
a result either of any changes in the
specifications or plans thereunder or of
the termination of the contract (or
subcontract thereunder), before
completion of the work, for the
convenience or at the option of the
Government; and
(3) Government-furnished property
that exceeds the amounts needed to
complete full performance under the
entire contract.
*
*
*
*
*
Federal Asset Sales refers to the
program which seeks to improve the
way the Federal Government manages
and sells its real and personal property
assets. Under this program, only an
agency designated as a Sales Center (SC)
may sell Federal personal property,
unless a waiver has been granted in
accordance with § 102–38.360.
*
*
*
*
*
Sales Center (SC) means an agency
that has been nominated, designated,
and approved by GSA’s Personal
Property Management Policy Division
(MTA) as an official sales solution for
Federal property. The criteria for
becoming an SC, the selection process,
and the ongoing SC requirements for
posting property for sale to the Federal
Asset Sales portal and reporting sales
activity and performance data were
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established in collaboration with agency
working groups, and may be obtained
from GSA, Personal Property
Management Policy Division (MTA),
1800 F Street, NW., Suite 1221,
Washington, DC 20405. SCs may utilize
(and should consider) private sector
entities as well as Government activities
and are expected to provide exemplary
asset management solutions in one or
more of the following areas: Online
sales; off-line sales; and sales-related
value added services. SCs will enter into
agreements with holding agencies to sell
property belonging to these holding
agencies. A holding agency may employ
the services of multiple SCs to
maximize efficiencies.
*
*
*
*
*
5. Revise § 102–38.40 to read as
follows:
§ 102–38.40
property?
Who may sell personal
(a) An executive agency may sell
personal property (including on behalf
of another agency when so requested)
only if—
(1) The agency is a designated SC; or
(2) The agency has received a waiver
from GSA’s Personal Property
Management Policy Division.
(b) A contractor selling contractor
inventory under terms of a Federal
contract.
(c) SCs or agencies selling under the
authority of a waiver may elect to
engage contractor support in the sales
process.
(d) Only a duly authorized agency
official may execute the sale award
documents and bind the United States.
§ 102–38.50
[Amended]
6. Amend § 102–38.50, paragraph
(b)—
a. In the first sentence by removing
‘‘Property Management Division (FBP),
1800 F Street, NW., Washington, DC
20406’’ and adding ‘‘Office of Personal
Property Management (QSC), 2200
Crystal Drive, Suite 706, Arlington, VA
22202’’ in its place; and
b. In the third sentence by removing
‘‘MTP’’ and adding ‘‘(MTA)’’ in its place;
and adding ‘‘, Suite 1221,’’ after ‘‘1800 F
Street, NW.’’.
§ 102–38.115
[Amended]
7. Amend § 102–38.115—
a. In paragraph (a) by removing ‘‘the
General Services Administration (GSA)’’
and adding ‘‘your agency’’ in its place;
and
b. In paragraph (b) by—
1. Removing ‘‘(MTP)’’ and adding
‘‘(MTA)’’ in its place;
2. Adding ‘‘Suite 1221,’’ after ‘‘1800 F
Street, NW.’’; and
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Federal Register / Vol. 75, No. 134 / Wednesday, July 14, 2010 / Proposed Rules
3. Removing ‘‘or manually (see
§ 102.38–330)’’ and adding ‘‘to https://
GSA.INL.gov/Property’’ in its place.
8. Amend § 102–38.130 by adding a
second sentence to read as follows:
§ 102–38.130 Must we publicly advertise
sales of Federal personal property?
* * * Listing of available items for
sale via internet (online) auctions for the
general public constitutes ‘‘public
notice.’’
§ 102.38–175
[Amended]
9. Amend § 102.38–175 by—
a. Removing the phrase ‘‘through
subscription from the U.S. Government
Printing Office, or’’;
b. Removing the phrase ‘‘on the
Internet’’; and
c. Removing ‘‘http//epls.arnet.gov’’
and adding ‘‘https://www.epls.gov’’ in its
place.
10. Amend § 102.38–285 by revising
paragraph (b) to read as follows:
§ 102.38–285 How do we transfer title from
the Government to the buyer for personal
property sold?
*
*
*
*
*
(b) For sales of vehicles, you must
issue to the purchaser a Standard Form
(SF) 97, the United States Government
Certificate to Obtain Title to a Vehicle,
as evidence of transfer of title. For
information on how to obtain this form,
see § 102–2.135 of this chapter.
§ 102.38–295
[Amended]
11. Amend § 102.38–295 by removing
from paragraph (a) ‘‘(including your
share of the Governmentwide costs to
support the eFAS Internet portal and
Governmentwide reporting
requirements)’’.
12. Revise § 102–38.325 to read as
follows:
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
§ 102–38.325 What are the requirements
pertaining to antitrust laws?
(a) When the sale of personal property
has an estimated fair market value of $3
million or more, or the sale involves a
patent, process, technique, or invention,
you must post a notice in the sales
offering advising potential buyers of the
applicable antitrust laws contained in
40 U.S.C. 559, whereby the Attorney
General of the Department of Justice
must review the proposed sale and
determine, prior to the finalization of
award, whether the disposal to a private
interest would tend to create or
maintain a situation inconsistent with
antitrust laws.
(b) When the sale closes, you will:
(1) Notify the winning bidder advising
them of their high bid and that you are
awaiting clearance from the Attorney
General before final award.
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(2) Notify the Attorney General by
providing the winning bid information,
listed below, for his or her review and
concurrence on sale.
(i) Item name;
(ii) Location of property;
(iii) Method of sale;
(iv) Location of sale, if different than
location of property;
(v) Date and time of sale close;
(vi) Appraisal value;
(vii) Reserve amount, if different than
appraised value;
(viii) Reference to the Sale Terms and
Conditions; and
(ix) Listing of bidders, addresses and
telephone numbers, as well as winning
bidder’s bid information.
(c) Once you are notified by the
Attorney General, you will—
(1) Notify the high bidder via contract
award if the Attorney General
determines that the sale does not violate
any antitrust laws; or
(2) Notify the high bidder and cancel
potential award if the Attorney General
determines that the sale violates any
antitrust laws.
13. Amend § 102–38.330 introductory
paragraph by removing ‘‘(MTP)’’ and
adding ‘‘(MTA)’’ in its place, and adding
paragraph (c) to read as follows:
§ 102–38.330 Are there any reports that we
must submit to the General Services
Administration?
*
*
*
*
*
(c) Beginning with FY 2010 reports,
agencies will be required to report this
information using the automated tool at
https://gsa.inl.gov/property.
14. Revise § 102–38.335 to read as
follows:
§ 102–38.335 Is there any additional
personal property sales information that we
must submit to the General Services
Administration?
Yes, all SCs, agencies selling property
under a Federal Asset Sales program
waiver, and agencies selling property
under §§ 102–38.365 and 102–38.370
must report quarterly sales performance
measures to the GSA Electronic Federal
Asset Sales reporting tool at https://
gsa.inl.gov/efas. In addition, GSA may
require additional sales data and
information on an ad-hoc basis.
15. Revise § 102–38.360 to read as
follows:
§ 102–38.360 What must an executive
agency do to implement the Federal Asset
Sales program?
(a) Unless a waiver has been granted,
an executive agency must sell its
personal property assets through an
agency designated by GSA as an SC. To
select a sales solution, an executive
agency must review the effectiveness of
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40765
all sales solutions, and compare them to
the effectiveness (e.g., cost, level of
service, and value added services) of the
SCs. Agencies should give full
consideration to sales solutions utilizing
private sector entities, including small
businesses, that are more effective than
the solutions provided by any approved
SC. If the agency decides that there are
more effective sales solutions than those
offered by the SCs, the agency must
request a waiver. Waivers will be
approved upon presentation of a
business case showing that complying
with the prescribed requirements is
either impracticable or inefficient.
Waiver approval will be coordinated
with GSA’s Office of Travel,
Transportation, and Asset Management.
Contact the Personal Property
Management Policy Division (MTA) (see
address at § 102–38.115(b)) to obtain
these procedures and forms.
(b) An approved waiver only relieves
the agency of the requirements specified
in the waiver request and its approval.
Waiver to the Federal Asset Sales
program policies will not be permanent.
See the definition of a ‘‘Sales Center’’ at
§ 102–38.35 for an overview of how
agency sales solutions become SCs.
(c) An agency which receives a waiver
from the Federal Asset Sales process
must still comply with Subparts A
through G of this part as if it were an
SC.
(d) An executive agency must comply
with all Federal Asset Sales program
processes promulgated by GSA,
including those regarding the reporting
of pre- and post-sales data.
§ 102–38.370
[Amended]
16. Amend § 102–38.370—
a. In the heading by adding ‘‘selected’’
after ‘‘its’’; and
b. In the last sentence by removing ‘‘in
accordance with eFAS ESC-approved
format and content.’’ and adding ‘‘using
the reporting tool specified in § 102–
38.335.’’ in its place.
[FR Doc. 2010–17176 Filed 7–13–10; 8:45 am]
BILLING CODE 6820–14–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 395
[Docket No. FMCSA–2010–0230]
Hours of Service; Limited Exemption
for the Distribution of Anhydrous
Ammonia in Agricultural Operations
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
E:\FR\FM\14JYP1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 134 (Wednesday, July 14, 2010)]
[Proposed Rules]
[Pages 40763-40765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17176]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-38
[FMR Case 2010-102-3; Docket 2010-0014; Sequence 1]
RIN 3090-AJ04
Federal Management Regulation; Sale of Personal Property
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration is amending the Federal
Management Regulation (FMR) by amending the provisions for the sale of
personal property through Federal Asset Sales (FAS) Sales Centers.
DATES: Interested parties should submit comments in writing on or
before August 13, 2010 to be considered in the formulation of a final
rule.
ADDRESSES: Submit comments identified by FMR case 2010-102-3 by any of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: https://www.gsa.gov/fmr. Click on FMR
Proposed Rules, and the FMR case number to submit comments.
E-mail: fmrcase.2010-102-3@gsa.gov. Include FMR case 2010-
102-3 in the subject line of the message.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite FMR case 2010-
102-3 in all correspondence related to this case. All comments received
will be posted without change to https://www.gsa.gov/fmr, including any
personal information provided. Click on FMR Public Comments.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4041,
GS Building, Washington, DC 20405, at (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Robert Holcombe, Office of Governmentwide Policy,
Personal Property Management Policy, at (202) 501-3828, or e-mail at
robert.holcombe@gsa.gov. Please cite FMR case 2010-102-3.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed amendment to part 102-38 of the Federal Management
Regulation (41 CFR part 102-38) updates policy pursuant to the transfer
of the oversight of the Federal Asset Sales program from GSA's Office
of Governmentwide Policy to GSA's Federal Acquisition Service. Due to
this transfer, and the incorporation of these practices into the way
the Government sells its property, references to the Executive Steering
Committee, Planning Office and the eFAS acronym are proposed to be
removed.
This proposed amendment also--
1. Adds the definition for contractor inventory and revises the
definitions for Federal Asset Sales and Sales Center (section 102-
38.35);
2. Clarifies that contractor inventory may be disposed of by the
contractor when required by the Federal contract (section 102-38.40);
3. Clarifies the reporting requirement for negotiated sales
(section 102-38.115(a));
4. Removes reference to Standard Form (SF) 97A, as this form is no
longer available from GSA. (Section 102.38.285.);
5. Clarifies the policy on antitrust requirements (section 102-
38.325); and
6. Makes minor edits, updates organizational designations, and
makes non-substantive changes to improve the readability and ease of
use of this policy.
[[Page 40764]]
B. Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action for the purposes of Executive Order 12866.
C. Regulatory Flexibility Act
This proposed rule is not required to be published in the Federal
Register for comment. Therefore, the Regulatory Flexibility Act does
not apply. However, this proposed rule is being published to provide
transparency in the promulgation of Federal policies.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FMR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
E. Small Business Regulatory Enforcement Fairness Act
This proposed rule is exempt from Congressional review under 5
U.S.C. 801 since it relates solely to agency management and personnel.
List of Subjects in 41 CFR Part 102-38
Government property management, Surplus Government property.
Dated: May 17, 2010.
Kathleen M. Turco,
Associate Administrator, Office of Governmentwide Policy.
For the reasons set forth in the preamble, GSA amends 41 CFR part
102-38 as set forth below:
PART 102-38--SALE OF PERSONAL PROPERTY
1. The authority citation for part 102-38 continues to read as
follows:
Authority: 40 U.S.C. 545 and 40 U.S.C. 121(c).
2. Amend Sec. 102-38.15 by designating the existing paragraph as
paragraph (a) and adding a new paragraph (b) to read as follows:
Sec. 102-38.15 Who must comply with these sales provisions?
* * * * *
(b) Sales of contractor inventory are not required to follow policy
regarding the Federal Asset Sales program contained in Subpart H of
this part. However, such sales must follow the policy contained in
Subparts A through G of this part in addition to the terms of the
Federal contract.
Sec. 102-38.30 [Amended]
3. Amend Sec. 102-38.30 in the second sentence by removing
``(eFAS)'', ``initiative'', and ``milestones''.
4. Amend Sec. 102-38.35 by--
a. Adding the definition for ``Contractor Inventory'';
b. Removing the definition for ``Federal Asset Sales (eFAS)'';
c. Adding the definition for ``Federal Asset Sales'';
d. Removing the definition for ``Federal Asset Sales Planning
Office (eFAS Planning Office)'';
e. Removing the definition for ``Migration Plan''; and
f. Revising the definition for ``Sales Center (SC)''.
The added and revised definitions read as follows:
Sec. 102-38.35 What definitions apply to this part?
* * * * *
Contractor Inventory means--
(1) Any property acquired by and in the possession of a contractor
or subcontractor under a contract for which title is vested in the
Government and which exceeds the amounts needed to complete full
performance under the entire contract;
(2) Any property that the Government is obligated or has the option
to take over under any type of contract, e.g., as a result either of
any changes in the specifications or plans thereunder or of the
termination of the contract (or subcontract thereunder), before
completion of the work, for the convenience or at the option of the
Government; and
(3) Government-furnished property that exceeds the amounts needed
to complete full performance under the entire contract.
* * * * *
Federal Asset Sales refers to the program which seeks to improve
the way the Federal Government manages and sells its real and personal
property assets. Under this program, only an agency designated as a
Sales Center (SC) may sell Federal personal property, unless a waiver
has been granted in accordance with Sec. 102-38.360.
* * * * *
Sales Center (SC) means an agency that has been nominated,
designated, and approved by GSA's Personal Property Management Policy
Division (MTA) as an official sales solution for Federal property. The
criteria for becoming an SC, the selection process, and the ongoing SC
requirements for posting property for sale to the Federal Asset Sales
portal and reporting sales activity and performance data were
established in collaboration with agency working groups, and may be
obtained from GSA, Personal Property Management Policy Division (MTA),
1800 F Street, NW., Suite 1221, Washington, DC 20405. SCs may utilize
(and should consider) private sector entities as well as Government
activities and are expected to provide exemplary asset management
solutions in one or more of the following areas: Online sales; off-line
sales; and sales-related value added services. SCs will enter into
agreements with holding agencies to sell property belonging to these
holding agencies. A holding agency may employ the services of multiple
SCs to maximize efficiencies.
* * * * *
5. Revise Sec. 102-38.40 to read as follows:
Sec. 102-38.40 Who may sell personal property?
(a) An executive agency may sell personal property (including on
behalf of another agency when so requested) only if--
(1) The agency is a designated SC; or
(2) The agency has received a waiver from GSA's Personal Property
Management Policy Division.
(b) A contractor selling contractor inventory under terms of a
Federal contract.
(c) SCs or agencies selling under the authority of a waiver may
elect to engage contractor support in the sales process.
(d) Only a duly authorized agency official may execute the sale
award documents and bind the United States.
Sec. 102-38.50 [Amended]
6. Amend Sec. 102-38.50, paragraph (b)--
a. In the first sentence by removing ``Property Management Division
(FBP), 1800 F Street, NW., Washington, DC 20406'' and adding ``Office
of Personal Property Management (QSC), 2200 Crystal Drive, Suite 706,
Arlington, VA 22202'' in its place; and
b. In the third sentence by removing ``MTP'' and adding ``(MTA)''
in its place; and adding ``, Suite 1221,'' after ``1800 F Street,
NW.''.
Sec. 102-38.115 [Amended]
7. Amend Sec. 102-38.115--
a. In paragraph (a) by removing ``the General Services
Administration (GSA)'' and adding ``your agency'' in its place; and
b. In paragraph (b) by--
1. Removing ``(MTP)'' and adding ``(MTA)'' in its place;
2. Adding ``Suite 1221,'' after ``1800 F Street, NW.''; and
[[Page 40765]]
3. Removing ``or manually (see Sec. 102.38-330)'' and adding ``to
https://GSA.INL.gov/Property'' in its place.
8. Amend Sec. 102-38.130 by adding a second sentence to read as
follows:
Sec. 102-38.130 Must we publicly advertise sales of Federal personal
property?
* * * Listing of available items for sale via internet (online)
auctions for the general public constitutes ``public notice.''
Sec. 102.38-175 [Amended]
9. Amend Sec. 102.38-175 by--
a. Removing the phrase ``through subscription from the U.S.
Government Printing Office, or'';
b. Removing the phrase ``on the Internet''; and
c. Removing ``http//epls.arnet.gov'' and adding ``https://www.epls.gov'' in its place.
10. Amend Sec. 102.38-285 by revising paragraph (b) to read as
follows:
Sec. 102.38-285 How do we transfer title from the Government to the
buyer for personal property sold?
* * * * *
(b) For sales of vehicles, you must issue to the purchaser a
Standard Form (SF) 97, the United States Government Certificate to
Obtain Title to a Vehicle, as evidence of transfer of title. For
information on how to obtain this form, see Sec. 102-2.135 of this
chapter.
Sec. 102.38-295 [Amended]
11. Amend Sec. 102.38-295 by removing from paragraph (a)
``(including your share of the Governmentwide costs to support the eFAS
Internet portal and Governmentwide reporting requirements)''.
12. Revise Sec. 102-38.325 to read as follows:
Sec. 102-38.325 What are the requirements pertaining to antitrust
laws?
(a) When the sale of personal property has an estimated fair market
value of $3 million or more, or the sale involves a patent, process,
technique, or invention, you must post a notice in the sales offering
advising potential buyers of the applicable antitrust laws contained in
40 U.S.C. 559, whereby the Attorney General of the Department of
Justice must review the proposed sale and determine, prior to the
finalization of award, whether the disposal to a private interest would
tend to create or maintain a situation inconsistent with antitrust
laws.
(b) When the sale closes, you will:
(1) Notify the winning bidder advising them of their high bid and
that you are awaiting clearance from the Attorney General before final
award.
(2) Notify the Attorney General by providing the winning bid
information, listed below, for his or her review and concurrence on
sale.
(i) Item name;
(ii) Location of property;
(iii) Method of sale;
(iv) Location of sale, if different than location of property;
(v) Date and time of sale close;
(vi) Appraisal value;
(vii) Reserve amount, if different than appraised value;
(viii) Reference to the Sale Terms and Conditions; and
(ix) Listing of bidders, addresses and telephone numbers, as well
as winning bidder's bid information.
(c) Once you are notified by the Attorney General, you will--
(1) Notify the high bidder via contract award if the Attorney
General determines that the sale does not violate any antitrust laws;
or
(2) Notify the high bidder and cancel potential award if the
Attorney General determines that the sale violates any antitrust laws.
13. Amend Sec. 102-38.330 introductory paragraph by removing
``(MTP)'' and adding ``(MTA)'' in its place, and adding paragraph (c)
to read as follows:
Sec. 102-38.330 Are there any reports that we must submit to the
General Services Administration?
* * * * *
(c) Beginning with FY 2010 reports, agencies will be required to
report this information using the automated tool at https://gsa.inl.gov/property.
14. Revise Sec. 102-38.335 to read as follows:
Sec. 102-38.335 Is there any additional personal property sales
information that we must submit to the General Services Administration?
Yes, all SCs, agencies selling property under a Federal Asset Sales
program waiver, and agencies selling property under Sec. Sec. 102-
38.365 and 102-38.370 must report quarterly sales performance measures
to the GSA Electronic Federal Asset Sales reporting tool at https://gsa.inl.gov/efas. In addition, GSA may require additional sales data
and information on an ad-hoc basis.
15. Revise Sec. 102-38.360 to read as follows:
Sec. 102-38.360 What must an executive agency do to implement the
Federal Asset Sales program?
(a) Unless a waiver has been granted, an executive agency must sell
its personal property assets through an agency designated by GSA as an
SC. To select a sales solution, an executive agency must review the
effectiveness of all sales solutions, and compare them to the
effectiveness (e.g., cost, level of service, and value added services)
of the SCs. Agencies should give full consideration to sales solutions
utilizing private sector entities, including small businesses, that are
more effective than the solutions provided by any approved SC. If the
agency decides that there are more effective sales solutions than those
offered by the SCs, the agency must request a waiver. Waivers will be
approved upon presentation of a business case showing that complying
with the prescribed requirements is either impracticable or
inefficient. Waiver approval will be coordinated with GSA's Office of
Travel, Transportation, and Asset Management. Contact the Personal
Property Management Policy Division (MTA) (see address at Sec. 102-
38.115(b)) to obtain these procedures and forms.
(b) An approved waiver only relieves the agency of the requirements
specified in the waiver request and its approval. Waiver to the Federal
Asset Sales program policies will not be permanent. See the definition
of a ``Sales Center'' at Sec. 102-38.35 for an overview of how agency
sales solutions become SCs.
(c) An agency which receives a waiver from the Federal Asset Sales
process must still comply with Subparts A through G of this part as if
it were an SC.
(d) An executive agency must comply with all Federal Asset Sales
program processes promulgated by GSA, including those regarding the
reporting of pre- and post-sales data.
Sec. 102-38.370 [Amended]
16. Amend Sec. 102-38.370--
a. In the heading by adding ``selected'' after ``its''; and
b. In the last sentence by removing ``in accordance with eFAS ESC-
approved format and content.'' and adding ``using the reporting tool
specified in Sec. 102-38.335.'' in its place.
[FR Doc. 2010-17176 Filed 7-13-10; 8:45 am]
BILLING CODE 6820-14-P
