Overview
This section outlines the regulatory framework and procedures for selling surplus government personal property that has cleared mandatory screening. It establishes the governing authority of the Federal Management Regulation (FMR) and dictates how sales proceeds must be managed.
Key Rules
- Procedural Compliance: Sales must be conducted in accordance with FMR part 102-38 (41 CFR part 102-38) after the property has completed the required screening process.
- Sales Outlets: Agencies are authorized to utilize GSA-sponsored sales centers when it is determined to be in the best interest of the Government and is consistent with the contract terms.
- Disposition of Proceeds: Revenue from sales must be deposited into the U.S. Treasury as miscellaneous receipts, unless a specific statute or contract clause authorizes the funds to be credited back to the cost of the work.
- Exchange/Sale Authority: Under FMR 102-39, agencies should consider "exchange/sale" (applying the value of old items toward the purchase of new ones) when acquiring similar replacement products.
Practical Implications
- Financial Tracking: Contractors and Plant Clearance Officers must carefully review contract language to determine if sales proceeds can offset contract costs or if they must be strictly remitted to the Treasury.
- Operational Sequencing: Property cannot be moved to the sale phase until the screening requirements under FAR 45.602-3(a) are fully satisfied, requiring strict adherence to disposal timelines.