u.s. general services administration welcome to the great lakes region chicago, il personal property...

U.S. General Services Administration

Welcome to the Great Lakes Region

Chicago, IL

Personal Property Disposal Training

May, 2012

Training Objectives

Train client agencies to effectively dispose of their Federal excess personal property Provide historical background and overview of the disposal program. Review everyone’s responsibilities. Provide useful information throughout the course of the week that will help everyone improve their ability to do their job! Satisfy your expectations for training.

Training Summary

Handouts

• Personal Property Disposal Guide- Publications http://gsa.gov/cmls

• Property Disposal Websites• Federal Property Disposal Flowchart

Presentations

• Available on GSAXcess.gov Homepage

Class Exercises / Participation• What do you expect to get out of this training?

U.S. General Services Administration

May 2012

Doug JankaArea Property Officer (APO)Personal Property Management (PPM)

Personal Property Disposal Overview Legislative History, Statutes, Organization

and Functions

Personal Property Disposal Overview

Legislative History and Regulations GSA Structure and Players Responsibilities Review Disposal Process

• Utilization, Donation, Sales, A&D Special Handling Requirements Review GSA Systems Recycling Resources GSA Products and Services Overview

Legislative History

The Constitution Forces of Evolution The President and Congress… Enabling Statutes Administrative Law

• Regulations, Orders, Policy Special Authorities

Article IV: Vested in Congress the authority to acquire and dispose of property on behalf of the United States. Subsequently, Congress passed legislation establishing policies to serve the interests of the taxpayers. Today, Congress remains the ultimate arbitrator in determining the public’s best interest in disposing of Federal Property.

World Wars Program Fragmentation Presidents and Congress Expanding Role of Government

Forces of Evolution

Origins of the Utilization program

1918 - Executive Order 3019

• Post WWI, President Wilson directed surplus (war) materials, supplies and equipment be transferred to Government establishments (Federal agencies) and Congress designated the Secretary of Treasury to administer the process.

Major Presidential Milestone:

Origins of Donation program

1919- Public Law 66-91

• Congress Authorized Secretary of War to sell surplus machine tools under control of War Department at 15% of cost to educational institutions.

Major Presidential Milestone:

1928 - Public Law 70-254

• Allowed aeronautical equipment to be given for display purposes to museums.

1930 - Public Law 71-249

• Authorized the Secretary of Navy to provide property “without cost”.

Major Congressional Milestones:

1944 - Public Law 78-457

• Known as the “Surplus Property Act of 1944”. Temporary statute created to address huge WWII surplus.

• The Act set up several entities to manage the disposal process including the Reconstruction Finance Corp., Surplus Property Administration, War Assets Corp., War Assets Administration and Federal Security Administration.

• Allowed the donation of property to educational, public health, local governments and nonprofit institutions at reduced or no cost for public benefit.

Major Congressional Milestone:

1949 - Public Law 81-152

• Known as the “Federal Property and Administrative Services Act of 1949”.

• Established GSA as the sole successor to administer the provisions of this Act. GSA assumed overall responsibility for property management matters government-wide.

Major Congressional Milestone:

1956 - Public Law 84-655

• Established that no property could be donated for use in a state except through a “State Agency for Surplus Property (SASP)”.

• The Department of Health, Education and Welfare (DHEW) was designated to screen and allocate surplus property for civil defense purposes.

1976- Public Law 94-519

• Transferred responsibility of the donation program from DHEW to GSA.


1992 - Public Law 102-45 - Stevenson-Wydler Technology Innovation Act and 1996

• A.k.a. Executive Order 12999 - Permits agencies to give research equipment to educational institutions for scientific education/research and computers to schools.

2002 - Public Law 107-217 • Codified the Property Act into Title 40, United States Code,

“Public Buildings, Property, and Works”


GSA, Office of Governmentwide Policy

FAR (Federal Acquisition Regulations)

FPMR (Federal Property Management Regulations)

FMR (Federal Management Regulations)

Executive Agency Orders

Property Regulations and Administrative Law

Deviations Require a written Waiver from GSA Office of Government-wide Policy Division

• DoD – DLA Disposition Services

• Dept of Interior – Aviation Mgt.

• Dept of Energy – Mgmt and Contractor maintained property

• USDA/ARS – livestock and commodities

Deviations/Waiver from the FMR

FMR102-36 Disposition/Utilization102-37 Donation102-38 Sales*102-39 Exchange/Sale102-41 Forfeited/Unclaimed102-42 Foreign Gifts

FPMR101-42 Hazardous and other categories of special handling

101-45* & 101-42 Sections still apply for sales of special classes of property

Regulations are still in the process of change...

• OGP rewriting Federal Property Management Regulations (FPMR) into Federal Management Regulations (FMR).

• Current Status of FMR rewrites:

FPMR to FMR…

OGP: Office of Government-wide Policy

• Creates and revises regulations for the procurement, management and disposal of property for all executive agencies.

GSA Organization

GSA Organization

FAS: Federal Acquisition Service• Dedicated to procuring goods and services for the

government. Manages operations including a nationwide property management disposalsystem for Excess Personal Property.

PBS: Public Building Service• Acquires space on behalf of the federal government

through new construction and leasing, and acts as a caretaker for Federal Real Property. Federal government landlord.

Central Office• Plans, directs and coordinates the U & D and Sale of

personal property. Maintains a national database for consolidating all excess/surplus personal property.

Regional Offices• 11 Region offices strategically located in the U.S.

• Region and field offices are staffed with Specialists in the Utilization, Donation and Sales of Federal excess and surplus personal property.

GSA FAS Structure

11 GSA Regional Offices

Provide expert advise and training

Assist with Disposal Planning and Problem Solving

Promote program objectives in accordance with Policy and Regulations

Allocate property and Approve Transfer Orders

Locate your local APO at http://gsa.gov/apo

GSA Area Property Officers (APO)

DLA / Defense Logistics Agency• Disposition Services (Formerly DRMO)• RCP

USA-FEPP• Users and Screeners Association

NASASP• National Association of State Agencies for Surplus Property

Other Groups of Interest / Major Players…

Due to the unique nature of DOD assets GSA delegated certain authorities to DOD.

DOD reassigned property management responsibility to DLA, Disposition Services with field sites called DRMO’s. All military services must turn their excess property into a DRMO, which consolidates the data and reports the excess property to GSA.

A recycling control point (RCP) is a method for managing the disposal of excess inventory at a DLA military supply depot. Property is reported electronically to GSA for screening. Selected property is shipped free of charge to Federal activities and staged for pickup by SASPs.

DLA/DRMO/RCP

Users and Srceeners Association Federal Excess Personal Property

• USA/FEPP is an independent nonprofit consortium of Federal agencies, cost reimbursement contractors, project grantees, universities and others who acknowledge the prime directive to use excess personal property as the first source of supply.

• It’s purpose is to share expertise, alert members to program changes, promote the use of excess, develop professionalism and to provide a unified voice concerning Federal personal property management.

USA-FEPP

National Association of State Agencies

for Surplus Property

• Motto: Pro Bono Publico (For the public good)

• The purpose of NASASP and its’ 56 state members is to partner with GSA and to save taxpayer dollars by extending the useful life of surplus to public agencies and nonprofit organizations in health and education.

NASASP

The Big Picture The U.S. Government

purchases more supplies and materials than any other entity in the world.

Requires effective and efficient disposal solutions

FMR 102-36: Disposition of Federal Excess Personal Property

GSA Sustainability Plan

GSA has set an agency-wide goal for achieving

Zero Environmental Footprint (ZEF).

• Personal Property plays an important role and has been a leader in the reuse of property since its inception in 1949.

• Personal Property is often referred to as the “Original Green Program”.

• Accordingly, Personal Property adopted the green theme:

Reuse is Recycling...

Disposal Process Responsibilities…

GSA Responsibilities

Executive Agency Responsibilities

Overview of Disposal Process

Provide utilization, donation and sales training. Promote excess & surplus for agency needs. Expedite the disposal process when justified . Allocate and approve transfers and donations. Conduct sales of surplus & exchange/sale property. Maintain systems to facilitate property disposal Provide expert customer field support with Area

Property Officers (APOs).

GSA Region and Field Office Responsibilities

Agency Responsibilities for Acquiring Excess

Use Excess as first source of supply

Acquire only what is needed to support mission

Facilitate timely removal of excess

Maintain system for property accountability

Perform care and handling, protect against hazards such as fire, theft, vandalism, weather.

Maintain appropriate inventory levels

Agency Responsibilities for Disposing of Excess

Reassign idle property internally

Survey inventory and determine excess

Promptly report excess property to GSA

Perform care and handling

Provide reasonable access for inspection and removal

Ensure compliance with environmental, health, safety and national security regulations

Agency declares Excess or Exchange/Sale?

Internal Reuse

Special Disposal Authority

GSA Utilization

GSA Donation

GSA Sales

Abandonment/Destruction – Recycling

Overview of Disposal Process

Property not sold or No Commercial Value

Abandonment/ Destruction

• Recycling

• Donation to Public Agency in Lieu of A&D

• Abandonment

• Destruction

Sale of Property not Donated

• Sale by Holding Agency (Waiver)

• Sale by Approved Federal Asset Sales Center

• GSA FAS

GSA Surplus Property Donation Program

• State Agencies for Surplus Property

• Eligible Donees

Surplus Property

Non-Federal Screeners

• State Agencies for Surplus Property (SASP)

• Screeners Sponsored by Federal Agencies

Property not “Frozen” for Federal Use is declared Surplus and Is

Available for Donation

Property “Frozen” for Federal Use is transferred to the recipient

• Without Reimbursement

• With Reimbursement

Federal Screeners

• Federal Agencies

• Cost Reimbursement Contractors

• Grantees

21 Days Simultaneous Federal Utilization & Donation Screening (If CFL, day 1-7 for Schools Only)

Report to GSA as Excess via (Batch Transfer and AAMS) GSAXcess.gov, or SF120

Excess Property

Report to GSA as Excess Property

Direct Transfer to another Federal Agency if under $10,000

• Stevenson-Wydler Act

• EO12999 ComputersforLearning

• Contractor/ Grantee Property

• Foreign Excess Property

• Precious Metal Recovery

• Special Commodities

• Special Legislative Authority

Select Disposition Route

GSAXcess AAMS or Internal System

Conduct Internal Screening

Inventory Personal Property Identify Hazardous and

Special Handling

Unneeded/ Unrequired Property

Can property be replaced using the Exchange/ Sale

Authority?

Federal Agency Action

The Federal Property Disposal Program

Excess vs. Exchange/Sale

Excess “means any personal property under the control of any Federal agency that is no longer required for that agency’s needs”

Exchange/Sale “means property not excess to the needs of the holding agency but eligible for replacement. Exchange allowance or proceeds of sale must be applied towards replacement item”



• Recycling


• Abandonment

• Destruction




• GSA FAS



• Eligible Donees

Surplus Property









Federal Screeners



• Grantees



Excess Property














Special Handling



Authority?



Step 1: Internal Screening Inventory and reassign unneeded property within agency

Systems for internal screening vary by agency

• GSA offers AAMS (Agency Asset Management System) to support internal screening/redistribution

- AAMS is a screening module within GSAXcess that can be customized to meet your agency’s needs for reporting and internal screening.

- Dept of Energy, Commerce, VA, USDA

Once internal screening is complete, agencies should report their excess property to GSA.



• Recycling


• Abandonment

• Destruction




• GSA FAS



• Eligible Donees

Surplus Property









Federal Screeners



• Grantees



Excess Property














Special Handling



Authority?



Use of Special Authorities

Exchange/Sale property (FMR 102-39)

Stevenson-Wydler Act

Executive Order 12999 - Computers for Learning

Dept of Defense – 13 special authorities under Defense Appropriations Act - HAP / LESO

Direct Transfer to other Federal Agency if under $10,000 (Mandatory copy provided to GSA)



• Recycling


• Abandonment

• Destruction




• GSA FAS



• Eligible Donees

Surplus Property









Federal Screeners



• Grantees



Excess Property














Special Handling



Authority?



Notification to GSA of available excess

3 Methods of Reporting to GSAXcess®

• On-line (GSAXcess.gov)• Batch• SF 120

Reference: 41 CFR 102-36.210 through 102-36.240

Step 2: Report Excess to GSA

http://www.liquidlibrary.com/detail.asp?image_filename=016C1004LL&prodno=LQL0410&prodcode2=LL&cboxlist=1246&first=&blkbegin=0

FMR 102-36.35 requires that… “all executive agencies must, to the maximum extent practicable, fill requirements for personal property by using existing agency property or by obtaining excess property from other Federal agencies in lieu of new procurements”

FMR 102-36.220 requires that… generally, all

excess property is to be reported to GSAFMR 102-36.220 requires that… generally, all

excess property is to be reported to GSA

Key Requirements

Direct Transfer property Abandonment/Destruction property Non-appropriated Fund property Scrap, except aircraft in scrap condition Perishables Hazardous Waste Property dangerous to public health/safety NRC-Controlled Materials Classified or Sensitive FMR 102-36.220

Must All Excess Property Be Reported to GSA? Exceptions…

Good & accurate descriptions are critical to success!

Disposal Condition Code

Definition

1 New. Property which is in new condition or unused condition and can be used immediately without modifications or repairs.

4 Usable. Property which shows some wear, but can be used without significant repair.

7 Repairable. Property which is unusable in its current condition but can be economically repaired.

X Salvage. Property which has value in excess of its basic material content, but repair or rehab is impractical and/or uneconomical.

S Scrap. Property which has no value except for its basic material content.

Condition Codes for Reporting…

U & D Screening Time Frames Internal screening varies by agency 21 calendar days GSA Federal/Donation screening First 7 days of 21 day period - Computers For Learning (CFL) 14 calendar days – Office Furniture (FSC 7110) Removal – 15 days normal, 21 days for DOD excess

Sales Time Frames 30 - 35 calendar days average sales cycle time

(includes verifying availability, posting, collection & removal) Average Total cycle time - 57 calendar days

How long does the disposal process take?

GSA may extend or shorten the screening time

due to:

Agency Relocation

Lack of Storage

Sudden generation of large

accumulations of excess property

Potential loss or damage to property

Other appropriate justifiable circumstances

However, we are flexible….

YOU,

THE OWNING AGENCY, Retain possession

Remain accountable and maintain stewardship over excess property reported to GSA pending disposal instructions

(FMR 102-36.245)

Who is accountable for excess property pending disposal?

New Homepage GSAXcess.gov

GSAXcess Main Menu options for Reporting, Searching and CFL Functions.

GSA Role• Provide systems to facilitate transfers

Agency Role• Report excess computers on GSAXcess.gov• View school requests on GSAXcess.gov• Allocate computers to schools using the

CFL functions menu on GSAXcess• Approve transfer in GSAXcess• Coordinate release of computers to schools School Role

• Register on ComputersForLearning.gov• Screen & Request available inventory• Pick up computers from holding agency

Computers For Learning (CFL)

Schools Register directly on CFL Website

Homepage for ComputersForLearning.gov



• Recycling


• Abandonment

• Destruction



• Sale by approved Federal Asset Sales Center

• GSA FAS



• Eligible Donees

Surplus Property









Federal Screeners



• Grantees

21 Days Simultaneous Federal Utilization & Donation Screening (If CFL, day 1-7 for Schools only)


Excess Property














Special Handling



Authority?



Reference: 41 CFR 102-36.90 through 102-36.140

Search available property• On-line GSAXcess®• Physical screening

“Screening” period normally 21 calendar days• 14 screening days for furniture (FSC 7110)

Add items to shopping cart & checkout in GSAXcess®• Electronic Approval

Step 3: Excess: Screening & Federal Transfers

Property in GSAXcess® is available for screening by and transfer to:

• Federal agencies, their contractors, cooperatives and grantees

• Senate and House of Representatives• DC Government• Mixed-ownership Government corporations

Agency property personnel must have access to GSAXcess® to request property

• Contact your agency NUO or GSA, APO

Step 3: Excess: Screening & Federal Transfers

There must be an authorized need for the property

You must not acquire excess personal property with the intent to sell or trade for other assets

Golden Rules for Federal Agencies Acquiring Excess Property…

Acquiring agency is required to pay shipping and transportation costs.

When applicable, acquiring agency may have to pay packing, loading, and dismantling costs.

Who pays for the Transportation for Excess Property?



• Recycling


• Abandonment

• Destruction



• Sale by approved Federal Asset Sales Center

• GSA FAS



• Eligible Donees

Surplus Property





Allocated for Donation




Federal Screeners



• Grantees



Excess Property














Special Handling



Authority?



At the completion of screening for Federal use, property not transferred is declared surplus to U.S. gov’t.

Property is donated by GSA through State Agencies for Surplus Property

http://NASASP.org

Step 4: Federal Surplus Donation Program…

Eligible Participants include:

• State and local public agencies

• Nonprofit educational and public health institutions

• Nonprofit and public programs for the elderly

• Educational activities of special interest to the Department of Defense

• Public airports

FMR 102-37

Step 4: Federal Surplus Donation Program…

Agency Inventories

Excess from Other Agencies

Federal Prison Industries, UNICOR

Ability One - NIB/NISH

Federal Stock Programs, SOP, CSC

Federal Supply Schedules

Commercial Sources

Federal Agency Priorities for use of Excess Property…

The Most Cost Effective Disposal of a Government Asset is its Continued Use in a Tax-Supported Program

Recap Our Motto,

Reuse is Recycling...

Utilization and Donation…

What if the Property is not Transferred or Donated????

Can Agencies conduct sales on their own?



• Recycling


• Abandonment

• Destruction




• GSA FAS Sales on GSAAUCTIONS



• Eligible Donees

Surplus Property









Federal Screeners



• Grantees



Excess Property














Special Handling



Authority?



Property not donated becomes eligible for sales

Agencies must use an Approved FAS Sales Center or have a Waiver from OGP

GSA Auctions® is an Approved FAS Sales Center

• Multiple sales methods/multiple commodities, nationwide- Internet auctions via GSA Auctions®- Live auctions- Sealed bid sales

GSA sales provide national exposure, state-of-the-art

elements, competitive bidding, and maximum returns

Step 5: Surplus Sales

As of 2007, all agencies must use a FAS Approved Sales Center to sell their surplus personal property.

GSA is 1 of 4 approved FAS Sales Centers

• GovSales.gov - Single Point of Entry for Citizens- Linked to USA.gov- Displays all government assets available for

purchase

• GSAAuctions is integrated with GovSales.gov- Encompasses: Real and Personal Property

- Surplus- Exchange/sale- Forfeited

Federal Asset Sales Centers

What is MySales?

MySales is a website that provides Federal agencies a means to:

• Track status of items reported to GSA in sales status• Withdraw property items reported to GSA from sale process

Future functions to be added to MySales:• Report exchange/sale property directly to GSA Sales• Modify sale item data including descriptions

Access MySales with same user ID as GSAXcess• www.gsa.gov/mysales• www.mysales.fss.gsa.gov

What can I expect if item sells?

When an item sells, a copy of the Purchaser’s Receipt will be sent via email to the agency custodian upon receipt of payment.

Upon removal of the property, the custodian must have the bidder or shipping company sign the receipt showing items were picked up, and fax this back to the GSA sales contracting officer.

What can I expect if and item does not sell?

When an item does not sell, the Sales Contracting Officer (SCO) will contact the owning agency’s Point of Contact (POC) and coordinate a second attempt to sell.

If the item doesn’t sell after agreed attempts by the owning agency and SCO, a return letter for local disposal or an email from the Sales Contracting Officer will be sent to the owning agency POC.

Established that item has no commercial value.



• Recycling


• Abandonment

• Destruction




• GSA FAS Sales on GSAAUCTIONS



• Eligible Donees

Surplus Property









Federal Screeners



• Grantees



Excess Property














Special Handling



Authority?



Step 6 – So, what happens when GSA cannot Transfer, Donate or Sell the Property?

You may, Exercise Abandonment/Destruction

authority to dispose of property provided your agency makes a written finding that the property has no commercial value or the estimated cost of care and handling would exceed the proceeds from its sale. Requires approval by reviewing official of your agency.

FMR 102-36.305 thru 330

You must not A&D

property in a manner

that is dangerous to

public health or safety.

Choose a responsible

recycling company.

If an entity wants to buy the property, you must implement sales procedures.

But Remember…

Property Disposal Summary There are 6 main phases in the Federal disposal process

• Internal reuse• Report excess to GSA• Excess transfer• Surplus donation• Sales to the public• A & D / Recycling

There is specific terminology • Excess• Surplus• Report• Screen and Select

There are systems to support property disposal• GSAXcess® - ComputersForLearning®• GSAAuctions® - MySales®

EXCESS SURPLUS

• Internal Reuse *• Special Authorities• Computers to Schools

(EO 12999)

• Federal Agencies• Cost Reimbursable

Contractors • Cooperatives & Grantees• Public Airports• State Agencies for Surplus

Property• (Public Agencies)• (Nonprofit Education & Public

Health Organizations)

AGENCYSCREENING(10-15 DAYS)

U&D SCREENING &

FEDERAL TRANSFERFEDS (21 DAYS)

ALLOCATE / PROCESS

DONATIONS(0 - 5 DAYS)

SALES(30 - 40 DAYS)

DONATIONREMOVAL

Federal Property Disposal Process

Agency or GSA Sales?(Federal Asset Sales)

GSAAuctions.govLive Cry AuctionsNegotiated SaleSealed Bid Auctions

DAY 22

– Allocate to SASPS

– Release all Non-requested surplus for sales action

UNNEEDED

A&D

RECYCLING

Abandonment/Destruction

*1 - 76 Total Days

1 2 3 4 5 6

http://www.gsaxcess.gov/

Great Lakes Region PPM Staff230 S. Dearborn St, Suite 3286, Chicago, IL 60604

Director, Stephanie Wilson-Coleman

Ph: (312) 886-8194, [email protected]

Supervisor, Miriam Van gerpen, Ph: (312)983-1840, [email protected]

Contr., Kiki Lambropoulus Ph: (312) 353-3539, [email protected]

Area Property OfficersOH, MI - Doug Janka Ph: (513) 755-6594, [email protected]

WI, IL - Maria Lopez Ph: (312) 886-8994, [email protected]

IN, MN - Taronda Reed Ph: (312) 886-8996, [email protected]

Sales Contracting OfficersOH - Candice Waddles Ph: (312) 886-8677, [email protected]

OH - Robert Montgomery Ph: (513)983-1845, [email protected]

IL - William Siggeman Ph: (312) 353-0132, [email protected]

MI, IN - Mary Scott Ph: (517) 669-5771, [email protected]

MN, WI - Dorianne Hale Ph: (312) 886-9662, [email protected]

u.s. general services administration welcome to the great lakes region chicago, il personal property...

Documents

donation of property

surplus property act

disposal program

functions slide

services overview slide

public law

war assets administration

secretary of war