GSA Bulletin FMR B-5
Personal Property

To: Heads of Federal agencies

Subject: Annual Executive Agency Reports on Excess and Exchange/Sale Personal Property

1.  What is the purpose of this bulletin?  This bulletin is issued to remind executive agencies of the requirement to annually submit to the General Services Administration (GSA) a report on excess personal property furnished to non-Federal recipients and a report on property exchanged or sold for replacement purposes.  This bulletin also provides guidance on preparing the reports and cancels FPMR Bulletin H-43.

2. When does this bulletin expire?  This bulletin contains information of a continuing nature and will remain in effect until cancelled or revised.

3. What is the background of this bulletin?

a. GSA has Governmentwide oversight and management responsibilities for the disposition of excess and exchange/sale personal property.  GSA’s responsibilities include issuing appropriate regulations and monitoring agency compliance with the regulations through the following reports:

(1) Annual report of exchange/sale transactions (Exchange/Sale Report).  Federal Management Regulation (FMR) 102-39.75 (41 CFR 102-39.75) requires each executive agency to submit to GSA a summary report on transactions made under the exchange/sale authority of 40 U.S.C. 503 during the fiscal year preceding the report.  If no exchange/sale transactions are conducted, a negative report to that effect is required.  Interagency report control number 1528-GSA-AN has been assigned to the report.

(2)  Annual report of personal property furnished to non-Federal recipients (Non-Federal Recipients Report).  Pursuant to 40 U.S.C. 529, executive agencies must submit to GSA, following the close of each fiscal year, an annual report of personal property furnished to any non-Federal recipient during the previous fiscal year.  In addition, Executive Order (EO) 12999 requires agencies to report to GSA any excess computers and related peripheral equipment that is transferred directly to schools and nonprofit educational institutions (see also 41 CFR 102-36.475).   Requirements for the report, including EO 12999 report requirements, are contained in FMR 102-36.295 and 102-36.300 (41 CFR 102-36.295 and 102-36.300). Agencies that do not furnish property to a non-Federal recipient during the report period must submit a negative report.  Interagency report control number 0154-GSA-AN has been assigned to the report.

b. Unfortunately, a number of executive agencies have not submitted reports to GSA, or have failed to list all the required information when they do, making it difficult for GSA to carry out its oversight and management responsibilities.

4.What information do I need to report on exchange/sale transactions?

a. When property is exchanged or sold for replacement purposes under the provisions of FMR part 102-39 (41 CFR part 102-39), your report to GSA must include:

(1) A list sorted by each 2-digit Federal Supply Classification (FSC) Group of property sold showing the total number of items sold, the total original acquisition cost of the property, and the total net proceeds received.

(2) A list sorted by each 2-digit FSC Group of property exchanged showing the total number of items exchanged, the total original acquisition cost of the property, and the total exchange allowance received.

b. You do not need to include exchange/sale transactions involving books and periodicals (FSC Group 76).

5. What information do I need to provide when reporting on property furnished to non-Federal recipients?  Your report must reference FMR 102-36.300 (41 CFR 102-36.300) and include the name of each recipient; the total original acquisition cost of all personal property furnished to each recipient identified by the appropriate 2-digit FSC group (a more detailed description is required for computer equipment transferred under EO 12999); and an explanation as to the type of recipient (e.g., contractor, grantee, cooperative, Stevenson-Wydler recipient, lessee, licensee, permittee, etc.).  You must provide this information for all personal property (1) obtained as excess or determined to be no longer required for the purpose of the appropriation used to make the purchase and (2) furnished in any manner whatsoever within the United States to a non-Federal recipient.  You do not need to report items sold, transferred, or donated by GSA on your behalf as part of the normal disposal process.  You also do not need to report computer equipment transferred through the Computers for Learning (CFL) website (www.computers.fed.gov).   For purposes of the report, the term:

a. “Personal property obtained as excess” includes property you obtained from another Federal agency under the provisions of FMR part 102-36 (41 CFR part 102-36) and subsequently furnished in any manner whatsoever to a non-Federal recipient.

b. “Personal property determined to be no longer required for the purpose of the appropriation used to make the purchase” includes:

(1) Property that was no longer needed for direct agency use by the organizational unit accountable for the property, and was subsequently furnished in any manner whatsoever to a non-Federal recipient rather than placed in your agency’s internal redistribution or disposal system; and

(2) Property that entered your agency’s internal redistribution or disposal system, and was subsequently furnished in any manner whatsoever to a non-Federal recipient.

c. “Furnished in any manner whatsoever” includes but is not limited to transfer, donation, loan, lease, license agreement, and sale transactions.

d. “Non-Federal recipient” includes all contractors (fixed-price, cost-reimbursable, etc.); all grantees (project, formula, etc.); and any other individual or organization that is not a Federal agency.  State and local government entities are regarded as non-Federal recipients.

e. “Within the United States” includes the 50 States, the District of Columbia, the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau.

6. Is there a prescribed form for use in submitting the reports?  No, you may submit the reports in a format of your choice, as long as the information submitted is consistent with the information required by FMR 102-36.300 and 102-39.75 (41 CFR 102-36.300 and 102-39.75).  See the attachments to this bulletin for guidance on report formats that comply with the FMR.

7. When are the reports due?  Your reports are due to GSA no later than December 29 of each year.

8. Where in GSA do I send the reports?  The reports must be consolidated separately by the headquarters office of each executive agency and sent electronically or by mail to Mr. Robert Holcombe, Director, Personal Property Management Policy Division (MTP), Office of Governmentwide Policy, GSA, Washington, DC 20405; e-mail, robert.holcombe@gsa.gov.

9. Who should I contact for additional information concerning the reports?

a. For information concerning the Exchange/Sale Report, you may contact Rick Bender (MTP) at (202) 501-3448 or via e-mail at rick.bender@gsa.gov.

b. For information concerning the Non-Federal Recipients Report, contact Joyce Spalding (MTP) at (202) 501-8974 or joyce.spalding@gsa.gov.

10. What effect does this bulletin have on GSA Bulletin FPMR H-43?  GSA Bulletin FPMR H-43 is canceled as the information contained there is superseded by this bulletin.

G.MARTIN WAGNER
Associate Administrator
Office of Governmentwide Policy