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UTILIZATION & DISPOSAL COURSE Welcome to Chicago! • Introductions • Audience poll • Housekeeping issues • Review course agenda

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UTILIZATION & DISPOSALCOURSE

• Welcome to Chicago!

• Introductions

• Audience poll

• Housekeeping issues

• Review course agenda

U & D COURSE AGENDA

• Program history• Reporting & acquiring property• Discuss special property types• Abandonment & destruction procedures• Computer recycling options and CFL• GSAxcess demonstration• GSA Sales• GSA’s OIG and CARS presentations

U & D COURSE OBJECTIVES

• Review program history, regulations and its laws

• Gain a basic understanding of special circumstances

• Improve knowledge of GSA processes, systems and personnel

• Learn what is required of my agency, GSA and me?

Legislative History

• When it all started…?

• How it evolved…?

• Where we are today…?

Article IV: Vested in Congress the authority to acquire and dispose of property on behalf of the United States. In the exercise of this authority congress passed legislation which has established policies designed to serve the best interests of the taxpayers. Even today, Congress is the ultimate arbitrator in determining what is in the public’s best interest in disposing of Federal Property.

The Constitution

• Article I, Section 9

“No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of the U.S. Congress, accept any present, emolument, office, title, of any kind whatever, from any king, prince, or foreign state.”

Forces of Evolution

• World wars

• Political influences

• Expansion of governmental roles

• Program fragmentation/special interests

Major Milestone: 1918

Executive Order 3019

Post WWI- Directed federal war

surplus property be re-issued to other

Gov’t establishments and Congress

designated the Treasury Dept. to

administer the process.

Major Milestones: Congress

Public Law 66-91, 1919Authorized War Dept. to sell surplus at 15%of cost to educational Institutions

Public Law 70-254, 1928Added museums for public display

Public Law 71-249, 1930Changed wording to, “without cost“

Public Law 78-292 , 1944Construct buildings to house veterans

Major Milestone: Congress

Public Law 78-457, 1944

Known as “Surplus Property Act of 1944”,designed to address WWII surplusinventories. Increased the number ofrecipients which could receive property on a“reduced” or “no cost” basis. Added othereducational, public health, local gov’ts, andnonprofit institutions to the list of those couldthat “publicly” benefit.

Major Milestones: Congress

Surplus Property Act, 1944Created administrative fragmentation:

Surplus Property BoardReconstruction Finance CorporationSurplus Property AdministrationWar Assets CorporationWar Assets AdministrationFederal Security Administration (DHHS)

Major Milestones: Congress

Public Law 81-152, 1949

Known as the “Federal Property and AdministrativeServices Act of 1949”. Established GSA as thesole successor to administer the provisions of thisAct and charged GSA with the overall responsibilityfor Government-Wide property management.

Public Law 107-217, 2002 Codified the Property Act into Title 40, UnitedStates Code, under “Public Buildings, Property, andWorks.”

Major Milestones: Congress Public Law 84-655, 1956Established no property could be donated in a state exceptthrough the State Agency for Surplus Property (SASP)designated within each state. DHEW was designated toadminister the donation program.

Public Law 94-519, 1976Transferred responsibility of the donation program from DHEWto GSA.

Public Law 102-45, 1992Stevenson-Wydler Technology Innovation Act and ExecutiveOrder 12999. Permitted agencies to give research equipment(computers) to educational institutions for scientific/technicaleducation purposes.

Property Regulations

• GSA, Office of Government Wide Policy

• FAR: Federal Acquisition Regulations

• FPMR: Federal Property Management Regulations

• FMR: Federal Management Regulations

FPMR to FMR…

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

FMR102-36 Utilization102-37 Donation102-38 Sales102-39 Exchange/Sale102-42 Foreign Gifts

From Federal Property Management Regulations to Federal Management Regulations…

The regulations are seemingly always changing!

Justification for FMR vs. need for FPMR

U & D Process

• Executive Agency Responsibilities

• GSA’s Responsibilities

FEDERAL DISPOSAL PROCESS

EXCESSEXCESS SURPLUSSURPLUS

NonNon

SCREENINGSCREENING

InternalAgencies/Bureaus

Of your Department

Federal AgenciesCost Reimbursable Contractors

Grantees

Public AirportsState Agencies for Surplus

PropertyNonprofit Educational & Public

Health Activities Service Educational Activities

AGENCYSCREENING

SCREENINGAnd

FEDERAL TRANSFER21 DAYS

DONATIONNOTIFICATION

5 DAYS

SALES

DONATIONREMOVAL

Executive Agency Responsibilities

• Maintain inventory control and accountability systems.

• Reassign idle property internally.

• Continually survey property needs and determine excess.

• Report excess property to GSA promptly.• Excess should be your first source of supply!

GSA Responsibilities OGP: Office of Government Wide Policy

OGP is tasked with the creation and revision of regulations for the procurement, management and disposal of property for all Executive Branch Agencies.

FAS: Federal Acquisition Service

FAS was tasked with Operations and operates a nationwide property management system.

GSA, FAS StructureCentral Office

Responsible for overall national planning, directionand coordination of the U & D and Sale ofpersonal property. Maintains a national databasefor consolidating all excess/surplus personalproperty.

Field Offices (zone and former regional offices)Strategically located in the U.S. with specialists inUtilization, Donation and Sales functions.

GSA Office Responsibilities

• Review and search for excess property.

• Approve the transfer and donation of property.

• Conduct sales of surplus and exchange/ sale property.

• Supervise Area Property Officers (APOs)

GSA Area Property Officers (APOs)

• Provide expert advice and training.

• Assist in handling all types of disposal issues.

• Promote program objectives.

• Approve transfer orders.

OTHER GROUPS OF INTEREST:

DRMS/DRMO

USA-FEPP

NASASP

DRMS/DRMO Due to the unique nature of Dept. of Defense

Assets, GSA delegated certain authorities to D.O.D., originally with each military service administering their own assets.

An investigational report, referred to as the McClellan Report, identified systemic weaknesses of property management.

D.O.D. reassigned its property management responsibilities to DLA, which established what is now DRMS with field sites called DRMO’s. All military services must turn in their excess property which in most cases is eventually reported to GSA.

USA-FEPP

Users and Srceeners Association/Federal Excess Personal Property 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.

The 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.

NASASP

National Association of State Agencies for Surplus Property.

Motto: Pro Bono Publico (for the public good)

The purpose of NASASP and its 56 state agency members in partnership with GSA is to save the taxpayer dollars by extending the useful life of federal surplus personal property.