Disposition of Personal Property

TABLE OF CONTENTS

OVERVIEW

4.1 What is the purpose of this chapter? This chapter describes the U.S. Fish and Wildlife Service’s (Service) requirements and policies for the disposition of personal property, including transfers; sales; trade-ins; loans; donations; unserviceable, seized, and abandoned property; and destruction of unusable property.

4.2 What is the scope of this chapter? This chapter applies to all employees involved in the disposition of personal property that the Service owns.

4.3 What are the authorities for this chapter?

A. See 310 FW 1 for a list of authorities for all the chapters in Part 310.

B. For Departmental policy specific to this chapter, refer to Interior Property Management Directives (IPMD), 410 Subparts 114.43.102, Utilization of Personal Property; 114-60.44, Direct Donation of Excess and Surplus Property; Federal Management Regulations (FMR), Subchapter B, Personal Property; 41 CFR Parts 101-42, 101-45, and 102; and Department of the Interior, Acquisition, Arts, and Asset Policy.

EXCESS PROPERTY

4.4 What is excess personal property?

A. Personal property is excess when it is no longer needed within a cost center to carry out the functions of official programs.

B. Employees must make excess personal property available to other Service offices unless the Accountable Property Officer (APO) and the Joint Administrative Operations (JAO) Personal Property Operations Branch Chief find it unserviceable or eligible for replacement through the General Services Administration (GSA) exchange/sales process.

4.5 Who is responsible for the disposition of excess personal property? See Table 4-1.

Table 4-1: Responsibilities for Disposition of Excess Property

4.6 How does the disposal process begin?

A. The APO and CPO identify assets that are no longer needed (excess) or assets deemed unserviceable.

B. The APO and CPO, in coordination with the Personal Property Team, determine which method best serves the accountable cost center and the Service. Excess property is managed using one of the following methods:

(1) Transfer;

(2) GSA sales:

     (a) Exchange/sales: Proceeds from the sale go directly back to the cost center selling the asset.

     (b) Non-reimbursable: Funds generated from the sale are returned to the General Treasury Account;

(3) Trade-in;

(4) Donation; or

(5) Unserviceable for destruction/disposal or recycling.

C. The APO or CPO sends appropriate paperwork to the Personal Property Team who processes the transaction to ready the asset for removal from controlled property.

TRANSFERS

4.7 What is the order of priority for transferring excess personal property? The order of priority for transferring excess personal property is:

A. To another Service Region or office (including firearms). The CPO transferring the property completes a Form DI-104, Transfer of Property, and contacts the Personal Property Team for further instructions.

B. To another Departmental bureau or office.

(1) We may transfer excess personal property directly to another Departmental bureau or office without notifying GSA.

(2) The CPO transferring the property completes a Form DI-104 and must contact the Personal Property Team for approval and coordination.

(3) The Personal Property Team should ensure that no other program office in the Service needs the property before it is transferred.

C. To another Federal agency.

(1) The CPO transferring the property completes a Standard Form (SF)-120, Report of Excess Personal Property and reports the excess property to the Personal Property Team.

(2) The Personal Property Team determines the best method of transfer and approves the transfer. The methods include:

     (a) Transfer by reporting it to the GSA property system, through the Interior Asset Disposal System (IADS), or

     (b) Transfer without GSA approval. We can only do this if the property has not been reported to GSA and the total acquisition cost of the property does not exceed $10,000 per line item. See 41 CFR Part 102-36.145 for more information about this transfer method.

(3) Once the transfer is complete, the Personal Property Team must remove any system-controlled property from the Financial and Business Management System (FBMS). See DOI-AAAP-0125, Property, Plant, and Equipment Depreciation for guidance on depreciation.

4.8 How does the Service handle the transfer of firearms?

A. APOs or CPOs must contact the Personal Property Team before transferring or destroying firearms to receive disposition instructions. 

B. The Personal Property Team will contact the National Program Firearms Coordinator to determine the transfer method.

C. Three options are available for transferring firearms:

(1) Transfer the firearms to a known recipient within the Service (see section 4.7A),

(2) Transfer the firearms to another Departmental bureau (i.e., intra-agency), or                                                                                                      

(3) Report the firearms to GSA for transfer to a Federal agency.

D. To report firearms to GSA for transfer to another Federal agency:

(1) Contact the Personal Property Team for transferring instructions.

(2) The Personal Property Team will report the excess firearms to GSA.

(3) GSA will approve transfers of firearms only to those Federal agencies authorized to acquire firearms for official use, and may require additional written justification from the requesting agency.

(4) When the transfer is complete, the Personal Property Team must remove firearm assets from FBMS.

E. Firearms not transferred or donated must be destroyed. For additional guidance on the disposition of firearms, see 310 FW 5, Reporting Stolen, Lost, Damaged, or Destroyed Personal Property.

F. We may not donate or abandon surplus firearms or ammunition.

4.9 How does the Service transfer excess equipment and supplies for wildfires?

A. Firefighting and emergency equipment no longer needed to carry out the functions of the Service’s wildland fire management program may be transferred directly to one of the following organizations:

(1) Rangeland Fire Protection Associations (RFPA), and

(2) Local volunteer fire departments or cooperators that protect remote communities and play a substantial cooperative role in the suppression of wildland fires on Departmental and other Federal lands.

B. Excess equipment and supplies that qualify for transfer include, but are not limited to:

(1) Fire engines;

(2) Heavy equipment;

(3) Communication devices;

(4) Protective clothing;

(5) Gear, pumps, and accessories;

(6) Hand tools; and

(7) Fire line packs.

C. All wildland firefighting equipment transfers must be coordinated through, and approved by, the Personal Property Team before committing any equipment to an eligible organization (see section 4.9A).

D. The Personal Property Team must:

(1) Ensure the receiving organization meets the criteria in section  4.9A.

(2) Ensure equipment transfers are awarded strategically to enhance collaborative wildland fire efforts.

(3) Perform direct transfers to RFPAs and similar local firefighting cooperators and may bypass the GSA property system process. Bureau of Land Management’s Working Capital Fund (WCF) equipment must be processed as a negotiated sale, which the controlling WCF office coordinates.

(4) When the transfer is complete, remove any system-controlled property from FBMS.

(5) Use the appropriate disposal reason code, accounting for Federal Automotive Statistical Tool (FAST)-relevant and non-FAST-relevant equipment.

E. CPOs must:

(1) Coordinate wildfire equipment transfers with the Personal Property Team using a completed SF-122, Transfer Order Excess Personal Property.

(2) Send the SF-122 to the Personal Property Team for approval prior to transferring the equipment.

SELLING GOVERNMENT PROPERTY

4.10 Why must the Service report excess personal property to GSA?

A. We must report excess personal property to GSA to promote reuse by the Government to enable Federal agencies to benefit from the continued use of property already paid for with taxpayer dollars, which minimizes new procurement costs.

B. Reporting excess personal property to GSA helps ensure that the information on available property is accessible and disseminated to the widest range of customers.

4.11 Does the Service have to report all excess personal property to GSA?

A. Generally yes, we must report all excess personal property, regardless of the condition, except as the regulations allow exemptions (see 41 CFR Part 102-36.145 and section 4.11B below). Excess property that must be reported includes property to which the Government holds title, but which is in the custody of contractors, cooperatives, or project grantees.

B. Employees do not have to report the following types of excess personal property to GSA for screening:

(1) Property determined appropriate for abandonment/destruction (see 41 CFR Part 102-36.305);

(2) Property purchased with non-appropriated funds (see 41 CFR Part 102-36.165);

(3) Foreign excess personal property (see 41 CFR Part 102-36.380);

(4) Scrap, except aircraft in scrap condition;

(5) Perishable property (i.e., any personal property subject to spoilage or decay);

(6) Trading stamps and bonus goods;

(7) Hazardous waste;

(8) Controlled substances;

(9) Nuclear Regulatory Commission-controlled materials;

(10) Property dangerous to public health and safety; and

(11) Classified items or property that is sensitive for reasons of national security.

C. See section 4.19 for more information about unserviceable excess personal property.

4.12 What information does the Service provide when reporting excess personal property?

A. The CPO must provide the following data on excess personal property:

(1) The cost center and location of the property;

(2) Description of item, in detail;

(3) Quantity and unit of issue;

(4) Disposal condition code (see 41 CFR Part 102-36.240);

(5) Original acquisition cost per unit and total cost (use estimate if original cost not available);

(6) Manufacturer, date of manufacture, part and serial number, when required by GSA; and

(7) If reimbursement is required, the authority under which the reimbursement is requested, the amount of reimbursement expected, and the appropriate fund code to which money will be deposited.

B. If applicable, the CPO must also provide the following information:

(1) Major parts/components that are missing;

(2) If repairs are needed, the type of repairs; and

(3) Special requirements for handling, storage, or transportation.

C. In addition to the information the CPO provides, the Personal Property Team must provide the required data to GSA on excess personal property.

4.13 Is the Service accountable for the personal property it reports as excess, and who is responsible for the care and handling costs?

A. Yes. APOs and CPOs are accountable for the excess personal property until it is picked up by the designated recipient or its agent.

B. CPOs are responsible for all care and handling charges while the excess personal property is going through the screening and disposal process.

4.14 May the Service dispose of excess personal property without GSA approval? Generally, no. However, employees may:

A. Transfer excess personal property valued under $10,000 directly to another agency if it has not yet been reported to GSA. They must use the direct transfer procedures in 41 CFR Part 102-36.145.

B. Dispose of excess personal property described in section 4.11B. Employees must still contact the Personal Property Team prior to disposal to determine if there is any value in selling it through GSA. See section 4.19 for more information about unserviceable personal property.

(1) If property has further usefulness in its present condition or has useable parts, the Personal Property Team may recommend that it stay in service (transferred) and be reported for reutilization as available excess property or parts.

(2) If a law authorizes disposal, employees may dispose of it.

4.15 When does the Service use the exchange/sale method?

A. When replacing personal property with similar items, the exchange/sale authority allows the value of the old items to be used to reduce the cost of the replacement items either by exchange (trade-in) or sale. Employees can use the proceeds to acquire the replacement items.

B. APOs must determine whether an exchange/sale will provide a greater return for the Government. When estimating the return, they must also consider all related administrative and overhead costs. (See 41 CFR Part 102-39 for more information.)

C. In accordance with GSA guidelines, employees may use the exchange/sale authority only in the following situations:

(1) The property exchanged or sold is similar to the property acquired;

(2) The property exchanged or sold is not excess or surplus and the Service has a continuing need for similar property;

(3) The property exchanged or sold was not acquired for the principal purpose of exchange or sale;

(4) The exchange allowance or sales proceeds from the disposition of the property may be used only to offset the cost of the replacement property, not services; and

(5) Documentation with each exchange/sale transaction must include:

     (a) The Federal Supply Class of items exchanged or sold and items acquired;

     (b) The number of items exchanged or sold and items acquired;

     (c) The acquisition cost and exchange allowance or net sales proceeds of the items exchanged or sold, and the acquisition or cost of the items acquired;

     (d) The date of the transaction(s);

     (e) The agencies involved; and

     (f) A statement that the transactions comply with the requirements of 41 CFR Part 102-39.

4.16 Are Service employees allowed to purchase excess Government personal property?

A. Personal property may be sold to Service employees only through publicly advertised sealed bids or public auction sales methods, whether run by the Service or GSA. To eliminate the perceived unfair advantage that an employee may have on bidding for excess personal property, Service employees, their spouses, and their children may not buy excess Government personal property if:

(1) It is located at their current or former duty station;

(2) The employee has a past association with the property that may lead others to believe that they have an advantageous position (e.g., a firefighter who used a piece of equipment on loan from a distant duty station while fighting a fire may not bid on it); or

(3) It is associated with a Board of Survey on which the employee served.

B. See 41 CFR Part 102-38, Sale of Personal Property for more information.

4.17 How do employees find and report excess personal property?

A. The Personal Property Team, APOs, and CPOs can use the GSA property system to find excess property available from other Federal agencies or report available excess property.

B. CPOs must contact the Personal Property Team to process actions through the GSA property system.

TRADE-INS

4.18 Can excess personal property be used toward the purchase of new personal property? Yes. Employees may use excess personal property toward the purchase of new personal property when purchased through JAO Contracting Operations or using a Government purchase card (see 310 FW 2).

A. For items purchased with a contract, the Contracting Officer will annotate trade-in information on the contract.

B. For items purchased with a Government purchase card, the vendor should itemize the trade-in on the purchase receipt to include make, model, and serial number.

C. If a vendor is willing to remove an old asset at no charge to recycle it (at a certified recycling center), that service can be counted as reimbursement or toward the trade-in value.

UNSERVICEABLE PROPERTY

4.19 Who authorizes the disposition of unserviceable personal property? The JAO Property Operations Branch Chief, or their designee, must authorize the disposition. To do so, they sign as the reviewing authority in block C of Form DI-103A.

4.20 May the Service transfer or donate excess personal property that is appropriate for destruction without GSA approval?

A. In lieu of destruction, employees may donate such excess personal property only to a public body without going through GSA.

B. A public body is any department, agency, special purpose district, or other instrumentality of a State or local government; any Tribe; or any agency of the Federal Government. See section 4.26 for more information about donating computer equipment.

C. If you become aware of an interest from an eligible nonprofit organization, which are not public bodies, you must coordinate with the Personal Property Team to implement donation procedures in accordance with 41 CFR Part 102-37.

4.21 What must be done before the destruction/disposal of excess personal property? CPOs must:

A. Remove agency markings and property stickers prior to disposal (or recycling).

B. Ensure that sensitive and classified information is removed from all computers, servers, and copiers that are equipped with a hard drive.

4.22 How do employees dispose of personal property approved for disposition?

A. Employees must not dispose or destroy personal property in a manner that is detrimental or dangerous to public health or safety.

B. To the greatest extent possible, personal property that has been approved for disposition, should be recycled.

(1) Cost centers must use a certified electronics recycler to manage unwanted used electronics. Currently, there are two accredited certification standards in the United States—the Responsible Recycling ("R2") Standard for Electronics Recyclers and the e-Stewards® Standard for Responsible Recycling and Reuse of Electronic Equipment© ("e-Stewards®").

(2) Cost centers must have an IRTM office sanitize hard drives before submitting computer equipment for donation or disposal. The IRTM office certifies this task is complete using Form DI-103A.

4.23 How does the Service handle unserviceable firearms and TASER devices?

A. For all unserviceable firearms, a Report and Board of Survey action is required (see 310 FW 5).

B. For all unserviceable TASER devices, CPOs must send a Form DI-103A to the Personal Property Team.

(1) Do not destroy an unserviceable TASER device until receiving authorization from the Personal Property Team.

(2) Upon approval of the Form DI-103A, the TASER device must be sent to an authorized disposal center for destruction.

LOANS

4.24 How does the Service loan personal property to non-Federal institutions, organizations, and individuals?  If an APO wants to loan personal property to non-Federal institutions, organizations, or individuals, they must:

A. Write an agreement that specifies the terms of the loan. At a minimum, each initial request and each annual reissuance must include the following:

(1) The date that the personal property item will be loaned and returned;

(2) The description and photographs of the personal property item and condition;

(3) A statement that damage to the item is the responsibility of the institution, organization, or individual;

(4) A statement that liability as a result of the loan is the responsibility of the institution, organization, or individual;

(5) A justification describing how the loan is beneficial to the Service (fostering good public or personal relations is not an adequate justification for a loan);

(6) A description of exactly how the other entity will use the personal property;

(7) A statement that the loan will not impact our mission; and

(8) A statement explaining that there is no other source from which the other entity can obtain the property to accomplish the purpose and mission of the proposed project or program.

B. Ensure these employees review the agreement:

(1) Project Leader, Heavy Equipment Coordinator (for heavy equipment), Contracting Officer;

(2) JAO Personal Property Operations Branch Chief; and

(3) Office of the Solicitor.

C. If the agreement clears the officials in section 4.24B above, the APO must sign the agreement with the other party.

D. If we plan to loan property in connection with projects or programs we support by a formal Service contract, cooperative agreement, or grant, we must incorporate the loan by reference into the award document or agreement.

4.25 How does the Service issue excess personal property to contractors and grantees?

A. The JAO Chief, Acquisition and Property Policy Management, implements requirements, policies, and procedures in 41 CFR Part 102-36, governing the disposition of excess personal property.

B. The program that owns the property is responsible for compliance with policies and procedures governing the use of excess personal property on cost-reimbursement type contracts, cooperative agreements, and grants (see 41 CFR Part 102-36). For contracts, the Contracting Officer should be involved in the process, and for grants, the Grants Management Specialist should be involved.

DONATIONS

4.26 How does the Service donate excess computer equipment?

A. Executive Order 12999, Educational Technology: Ensuring Opportunity for all Children in the Next Century, allows us to donate excess computer equipment to schools, educational institutions, or nonprofit organizations.

B. The Personal Property Team must approve and oversee donations of excess computer equipment. They also determine the best method of donation from two options:

(1) Using GSA property system, or

(2) Directly donating to pre-approved schools, educational institutions, or nonprofit organizations that are registered on GSA’s Computers for Learning Program website. CPOs coordinate with schools or other institutions in the registration process.

C. Regardless of how we donate the equipment:

(1) Receiving organizations are responsible for transporting the property.

(2) CPOs must ensure IRTM sanitizes hard drives prior to donation.

(3) CPOs must document the transfer using an SF-120 and send it and any other required documentation to the Personal Property Team.

(4) The Personal Property Team maintains the record and removes any system-controlled property from FBMS, if applicable.

D. The Personal Property Team must send an annual report to GSA identifying personal property donated to non-Federal institutions, organizations, or individuals. Use the Excess Property Furnished to Recipient Other than a Federal Agency (R310-8A) to report donations.

4.27 Under what circumstances may the Service accept personal property that has been donated (gifted)?

A. Authorized employees may accept donations of personal property depending on the value if, among other things:

(1) The donations are compatible with the Service's mission, authorities, and policy; and

(2) The contributor will receive no direct benefit from the Service.

B. See 374 DM 6, Donations Guidelines, and 212 FW 8, Donations, Fundraising, and Solicitation, for additional guidelines, requirements, and limitations.

SEIZED, FORFEITED, UNCLAIMED OR VOLUNTARILY ABANDONED

4.28 How does the Service manage seized and forfeited personal property?

A. Service officials with law enforcement responsibilities:

(1) Who seize any evidence, including property subject to forfeiture, are fully responsible for that property and must comply with 445 FW 3, Evidence, for the care, custody, control, and storage of such property; and

(2) Must notify their APO when court proceedings are completed and the Service plans to retain personal property.

B. CPOs must coordinate with the Personal Property Team to ensure:

(1) Proper documentation for seized and forfeited personal property is completed, and

(2) System-controlled property that is converted for Service use is accounted for in FBMS. (Refer to 41 CFR Part 102-41 for more information.)

4.29 How does the Service manage unclaimed or voluntarily abandoned personal property?

A. Any property abandoned or left unattended without authority on any Service property for a period of more than 72 hours is subject to removal.

(1) Such property is subject to sale or other disposal after 30 days, in accordance with FMR Part 102-41.

(2) Former owners may apply within 3 years for reimbursement for such property, subject to disposal and storage costs and similar expenses, upon sufficient proof of ownership.

B. CPOs must coordinate with the Personal Property Team to ensure:

(1) Proper documentation for unclaimed, voluntarily abandoned personal property is completed; and

(2) System-controlled property that is converted for Service use is accounted for in FBMS.