41 C.F.R. Subpart 101–25.1—General Policies
Title 41 - Public Contracts and Property Management
Source: 29 FR 13256, Sept. 24, 1964, unless otherwise noted.
Except in emergencies, Government personal property and nonpersonal services shall be used only for those purposes for which they were obtained or contracted for or other officially designated purposes. Emergency conditions are those threatening loss of life and property. As used in this section nonpersonal services means those contractual services, other than personal and professional services (as defined in 40 U.S.C. 472). This includes property and services on interagency loan as well as property leased by agencies. Agency heads shall ensure that the provisions of this §101–25.100 are enforced to restrict the use of Government property/services to officially designated activities. [40 FR 29818, July 16, 1975]
Title 41: Public Contracts and Property Management
PART 101–25—GENERAL
Subpart 101–25.1—General Policies
§ 101-25.100 Use of Government personal property and nonpersonal services.
§ 101-25.101 Criteria for determining method of supply.
§ 101-25.101-1 General.
(a) This §101–25.101 prescribes general criteria governing selection of the appropriate methods of supply to be utilized in meeting the planned requirements of the Government. It is directly applicable to executive agencies, and other Federal agencies are requested to observe these criteria in conducting their supply operations.
(b) As used in this §101–25.101, the term use point means a storeroom or other redistribution point where supplies, materials, or equipment representing more than a 30-day supply are maintained primarily for issue directly to consumers within the local area, as distinguished from storage points where supplies and equipment are issued to redistribution points.
§ 101-25.101-2 Supply through storage and issue.
The following criteria shall govern in determining whether an item can be most advantageously supplied through storage and issue to use points:
(a) The item shall be physically adaptable to storage and issue and of such a character that it is feasible to forecast overall requirements of the use points served with reasonable accuracy;
(b) Rate of use and frequency of ordering at use points shall be sufficient to warrant storage and issue;
(c) The rate of deterioration or obsolescence shall be sufficiently low to avoid unnecessary loss; and
(d) Conditions exist where any of the following factors require supply through storage and issue (except that dangerous commodities of high weight and density, or commodities highly susceptible to damage normally should not be considered for supply through storage and issue unless one or more of such factors are determined to be of overriding importance)—
(1) Where price advantage through bulk buying is sufficient to render storage and issue more economical, all costs, both direct and indirect, considered.
(2) Where close inspection or testing is necessary to secure quality, or where repetitive inspection and test of small lots are prohibitive from the standpoint of cost or potential urgency of need.
(3) Where advance purchase and storage are necessitated by long procurement leadtime.
(4) Where an item is of special manufacture or design and is not readily available from commercial sources.
(5) Where an adequate industry distribution system does not exist to assure availability at use point.
(6) Where volume purchases are necessary to secure timely deliveries and advantageous prices.
(7) Where market conditions are such that supply through storage and issue is required to assure adequate supply.
(8) Where stocking of supplies and equipment necessary for implementation of emergency plans is required for an indefinite period.
§ 101-25.101-3 Supply through consolidated purchase for direct delivery to use points.
The following criteria shall govern in determining whether an item can be most advantageously supplied through consolidated purchase for direct delivery to use points:
(a) The items shall be equipment or supply items of such a character that it is feasible to forecast requirements for delivery to specific use points; and
(b) Conditions exist where any of the following factors requires consolidated purchasing of such items for direct delivery to use points—
(1) Where greatest price advantage, both direct and indirect costs considered, is obtainable through large definite quantity purchasing.
(2) Where an item is of special manufacture or design and is not readily available from commercial sources.
(3) Where market conditions are such that central procurement is required to assure adequate supply.
(4) Where contracts for production quantities are necessary to secure timely deliveries and advantageous prices.
(5) Where the quantity is large enough to assure lowest transportation costs or, conversely, where transportation costs for small quantity redistribution are so excessive that it is not feasible to store and issue the items.
§ 101-25.101-4 Supply through indefinite quantity requirement contracts.
The following criteria shall govern in determining whether an item can be most advantageously supplied through the medium of indefinite quantity requirement contracts covering specific periods and providing for delivery to use points as needs arise:
(a) The item shall be such a character that—
(1) Handling on a storage and issue basis is not economically sound, under the criteria prescribed in §101–25.101–2;
(2) Rate of use and frequency of ordering at use points is estimated to be sufficient to warrant the making of indefinite quantity requirement contracts;
(3) It is either not feasible to forecast definite requirements for delivery to specific use points (as in the case of new items initially being introduced into a supply system), or no advantage accrues doing so; and
(b) Industry distribution facilities are adequate properly to serve the use points involved; and
(c) Conditions exist where any of the following factors requires the maintaining of indefinite quantity requirements contracts—
(1) Advantage to the Government is greater than would be secured by definite quantity procurements by individual offices or agencies (the determining consideration being one of overall economy to the Government, rather than one of direct comparison of unit prices of individual items obtainable through other methods of supply); or no known procurement economies would be effected but the requirements of offices of agencies can best be served by indefinite quantity requirements contracts.
(2) Acute competitive bidding problems exist because of highly technical matters which can best be met on a centralized contracting basis.
(3) The item is proprietary or so complex in design, function, or operation as to be noncompetitive and procurement can best be performed on a centralized contracting basis.
§ 101-25.101-5 Supply through local purchase.
The following criteria shall govern in determining whether an item should be supplied through local purchase:
(a) Urgency of need requires local purchase to assure prompt delivery;
(b) The items are perishable or subject to rapid deterioration which will not permit delay incident to shipment from distant points;
(c) The local purchase is within applicable limitation established by the agency head; or
(d) Local purchase will produce the greatest economy to the Government.
§ 101-25.102 Exchange or sale of personal property for replacement purposes.
Policies and methods governing executive agencies in exercising the authority granted under section 201(c) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 481(c)), are prescribed in part 101–46.
[31 FR 4997, Mar. 26, 1966]
§ 101-25.103 Promotional materials, trading stamps, or bonus goods.
§ 101-25.103-1 General.
Federal agencies in a position to receive promotional materials, trading stamps, or bonus goods shall establish internal procedures for the receipt and disposition of these gratuities in accordance with §101–25.103. The procedures shall provide for a minimum of administrative and accounting controls.
[48 FR 48232, Oct. 18, 1983]
§ 101-25.103-2 [Reserved]
§ 101-25.103-3 Trading stamps or bonus goods received from contractors.
When contracts contain a price reduction clause, any method (such as trading stamps or bonus goods) by which the price of a commodity or service is effectively reduced shall constitute a price reduction. Temporary or promotional price reductions are to be made available to contracting officers under the same terms and conditions as to other customers. Procuring activities, however, rather than accept trading stamps and bonus goods, shall attempt to deduct the cost of such items from the contract price. If obtaining such a price reduction is not possible, the contracting officer shall document the contract file to that effect and dispose of the items as provided in §101–25.103.4.
[48 FR 48232, Oct. 18, 1983]
§ 101-25.103-4 Disposition of promotional materials, trading stamps, or bonus goods.
(a) Agencies shall, through the lowest appropriate activity, arrange for transfer of promotional materials, trading stamps, or bonus goods, without reimbursement in accordance with internal agency procedures to a nearby Federal hospital or similar institution operated, managed, or supervised by the Department of Defense (DOD) or the Veterans Administration (VA) when:
(1) The contract does not contain a price reduction clause, or
(2) The contractor refuses to grant a price reduction, and
(3) It is deemed practical and in the best interest of the Government to accept such promotional items as a price reduction, and
(4) The procuring or receiving agency has no practical use for the promotional items.
(b) Before transferring promotional materials, trading stamps, or bonus goods to the above Federal institutions, it must be determined that the proposed recipient is prepared to receive and use such items. If these items cannot be used by the receiving agency or a medical facility, they should be disposed of in accordance with 41 CFR 101–43, 44 and 45.
[48 FR 48232, Oct. 18, 1983]
§ 101-25.104 Acquisition of office furniture and office machines.
Each executive agency shall make a determination as to whether the requirements of the agency can be met through the utilization of already owned items prior to the acquisition of new furniture or office machines. The acquisition of new items shall be limited to those requirements which are considered absolutely essential and shall not include upgrading to improve appearance, office decor, or status, or to satisfy the desire for the latest design or more expensive lines.
(a) Generally acquisition of additional furniture or office machines from any source will be authorized only under the following circumstances, limited to the least expensive lines which will meet the requirement (see §101–26.408 of this chapter with respect to items such as typewriters under Federal Supply Schedule contracts), and the justification for the action shall be fully documented in the agency file:
(1) For essential requirements arising from quantitative increases in onboard employment which constitute the total requirement of any agency or major component thereof (e.g. bureau, service, office).
(2) For essential requirements arising from a need not related to onboard employment increases but which are determined necessary to avoid impairment of program efficiency.
(b) Each agency shall restrict replacement of furniture or office machines either to usable excess, rehabilitated, or the least expensive new lines available which will meet the requirement under the following circumstances, authority for which will meet the requirement under the following circumstances, authority for which shall be fully documented in the agency file:
(1) Where the agency determines that the item is not economically repairable.
(2) Where reductions in office space occupancy are accomplished through use of more convenient or smaller size furniture and the space economies thus achieved offset the cost of the furniture to be acquired.
[30 FR 5479, Apr. 16, 1965, as amended at 42 FR 1031, Jan. 5, 1977]
§ 101-25.104-1 Redistribution, repair, or rehabilitation.
Prior to the purchase of new office furniture and office machines, agencies shall fulfill needs insofar as practicable through redistribution, repair, or rehabilitation of already owned furniture and office machines. In furtherance of the use of rehabilitated furniture and office machines, agencies shall review inventories on a continuing basis to ascertain those items which can be economically rehabilitated and institute programs for their orderly repair and rehabilitation. All such items which are not required for immediate needs shall be reported as excess.
[42 FR 1031, Jan. 5, 1977]
§ 101-25.105 [Reserved]
§ 101-25.106 Servicing of office machines.
(a) The determination as to whether office machines are to be serviced by use of annual maintenance contracts or per-call arrangements shall be made in each case after comparison of the relative cost affecting specific types of equipment in a particular location and consideration of the factors set forth in paragraph (b) of this section.
(b) Prior to making the determination required by paragraph (a) of this section, consideration shall be given to:
(1) Standard of performance required;
(2) Degree of reliability needed;
(3) Environmental factors; i.e., dusty surroundings or other unfavorable conditions;
(4) Proximity to available repair facilities;
(5) Past experience with service facility; i.e., reputation, performance record, quality of work, etc.;
(6) Daily use (heavy or light) and operator's care of machine;
(7) Age and performance record of machine;
(8) Machine inventory in relation to operating needs; i.e., availability of reserve machine in case of breakdown;
(9) Number of machines; including overall frequency of repairs required;
(10) Security restrictions, if any; and
(11) Other pertinent factors.
[31 FR 14260, Nov. 4, 1966]
§ 101-25.107 Guidelines for requisitioning and proper use of consumable or low cost items.
Consumable and low value items in inventory (cupboard stocks are not considered inventory) are subject to accounting and inventory record controls in accordance with applicable provisions of law and the principles and standards prescribed by the General Accounting Office, 2 GAO 12.5. Normally, however, the systems of control for such property cease at the time of issuance from a warehouse or storeroom to the consumer.
(a) The guidelines set forth in this §101–25.107 are considered minimum to assure proper use of consumable or low cost items by individuals, subsequent to issue from accountable records and termination of formal accountability. Consumable items, for the purpose of this section, are considered to include those items actually consumed in use (e.g., pads and pencils) and those items required in performance of duties but for which, primarily by reason of the low value involved, no formal accountability is maintained after issue, and are generally referred to as “expendable.”
(b) Approval of requisitions for replenishment of cupboard storeroom stocks should be restricted to officials at a responsible supervisory level to ensure that supply requirements are justified on the basis of essentiality and quantity. Where requisitions are not required, such as in obtaining items from GSA customer supply centers, informal “shopping lists” should be approved at the same level.
(c) Adequate safeguards and controls should be established to assure that issues of expendable supplies are made for official use only. In appropriate situations, this will include identification of individuals to whom expendable supplies have been issued. Experience has indicated, also, that certain items of expendables should not be displayed either at seasonal periods of the year or on a permanent basis.
(d) The items listed below have from experience proven to be personally attractive and particularly susceptible to being used for other than official duties. Agencies should give special attention to these and any other consumable or low cost items when issues are excessive when compared with normal program needs.
Attache cases, Ball point pens and refills, Brief cases, Binders, Carbon paper, Dictionaries, Felt tip markers, Felt tip pens and refills, File folders, Letterex, Letter openers, Pads (paper), Paper clips, Pencils, Pencil sharpeners, Portfolios (leather, plastic, and writing pads), Rubber bands, Rulers, Scissors, Spray paint and lacquer, Staplers, Staples, Staple removers, Tape dispensers, Transparent tape, Typewriter ribbons.
[32 FR 4413, Mar. 23, 1967, as amended at 42 FR 1031, Jan. 5, 1977; 51 FR 13498, Apr. 21, 1986]
§ 101-25.108 Multiyear subscriptions for publications.
Subscriptions for periodicals, newspapers, and other publications for which it is known in advance that a continuing requirement exists should be for multiple years rather than for a single year where such method is advantageous for the purpose of economy or otherwise. Where various bureaus or offices in the same agency are subscribing to the same publication, consideration shall be given to consolidating these requirements, to the extent practical, on an agency-wide basis and on a multiyear basis. Payment covering issues to be delivered during the entire subscription period may be made in advance from currently available appropriations (31 U.S.C. 530a).
[33 FR 17140, Nov. 19, 1968]
§ 101-25.109 Laboratory and research equipment.
(a) This section prescribes controls for use by Federal agencies in managing laboratory and research equipment in Federal laboratories. Agencies may establish such additional controls as are appropriate to increase the use of already-owned equipment instead of procuring similar equipment.
(b) The term Federal laboratory, as used in this section, means any laboratory or laboratory facility in any Government-owned or -leased building which is equipped and/or used for scientific research, testing, or analysis, except clinical laboratories operating in direct support of Federal health care programs. To the extent practicable, agencies should observe the provisions of this section with regard to commercial laboratories and laboratory facilities which operate under contract with the Government and use Government-furnished equipment.
[43 FR 29004, July 5, 1978]
§ 101-25.109-1 Identification of idle equipment.
(a) The provisions of this §101–25.109–1 apply to all Federal laboratories regardless of size.
(b) Inspection tours of Federal laboratories shall be conducted on a scheduled basis, annually, if feasible, but no less than every 2 years, for the purpose of identifying idle and unneeded laboratory and research equipment. Following each tour, a report of findings shall be prepared by the inspection team and, as determined by the agency head or his designee, submitted to the head of the laboratory or to a higher agency official having laboratories management responsibility. Equipment identified by the inspection team as idle or unneeded shall be reassigned as needed within the laboratory, placed in an equipment pool, or declared excess and made available to other agencies in accordance with part 101–43.
(c) Laboratory inspection teams shall be comprised of senior program management, property management, and scientific personnel who are familiar with the plans and programs of the laboratory(ies) and who have a knowledge of laboratory and research equipment utilization. As determined by the agency head or his designee, members of an inspection team shall be appointed by either the head of the laboratory or a higher agency official having laboratories management responsibility.
(d) The agency head or his designee shall ensure compliance by responsible personnel with the requirements of this §101–25.109–1 and shall require that periodic independent reviews of walk-through procedures employed in Federal laboratories under his control be conducted to determine their effectiveness and to effect modifications as appropriate.
[43 FR 29004, July 5, 1978]
§ 101-25.109-2 Equipment pools.
(a) The provisions of this §101–25.109–2 apply to Federal laboratories which occupy an area of 10,000 square feet or more and employ 25 or more technical or scientific personnel.
(b) Equipment pools shall be established in Federal laboratories so that laboratory and research equipment can be shared or allocated on a temporary basis to laboratory activities and individuals whose average use does not warrant the assignment of the equipment on a permanent basis. In determining the number and location of equipment pools, consideration shall be given to economy of operation, mobility of equipment, accessibility to users, frequency of use of the equipment, and impact on research programs. Pooling operations should begin expeditiously, within 120 days, if feasible, following decisions regarding the number and location of pools. If it is determined that an equipment pool would not be practical or economical or for any other reason is not needed at a particular laboratory, a written report supporting that determination shall be submitted to the agency head or his designee. Federal laboratories which do not meet the size and staffing criteria in §101–25.109–2(a) should also establish equipment pools whenever feasible; however, these facilities need not submit written reports regarding determinations not to establish pools.
(c) Where the establishment of a physical pool would be economically unfeasible due to excessive transportation and handling costs, limited personnel resources, or limited space, pooling may be accomplished by means of equipment listings. Consideration should be given to the establishment of a laboratory advisory committee consisting of technical and management personnel to determine the types of equipment to be shared or pooled and to identify equipment that is no longer required.
(1) Equipment pools may also be used to fill requests for temporary replacements while permanently assigned equipment is being repaired or to provide equipment for new laboratories pending acquisition of permanent equipment.
(2) Although specific pieces of laboratory equipment may not be available for assignment to equipment pools, they may be available for sharing or loan. Information concerning the availability of this equipment can be maintained at a central location such as the equipment pools.
(d) Unless determined unnecessary by the agency head or his designee, each Federal laboratory operating equipment pools shall prepare and submit to the agency head or his designee an annual report concerning the use and effectiveness of equipment pooling.
(e) The agency head or his designee shall ensure compliance by responsible personnel with the provisions of this §101–25.109–2 and shall require that periodic independent reviews of equipment pool operations in Federal laboratories under his control be conducted to determine their effectiveness and to effect modifications as appropriate.
[43 FR 29004, July 5, 1978]
§ 101-25.110 Tire identification/registration program.
The regulations issued by the Department of Transportation in 49 CFR part 574, Tire Identification and Recordkeeping, require that tire manufacturers maintain or have maintained for them the name and address of tire purchasers, the identification number of each tire sold, and the name and address of the tire seller (or other means by which the manufacturer can identify the tire seller). In addition, distributors and dealers are required to furnish such data to manufacturers in connection with purchases made directly from them. GSA provides support to the Federal Government for tires, and therefore has prescribed the following procedures for tires purchased from or through GSA supply sources.
[53 FR 11848, Apr. 11, 1988]
§ 101-25.110-1 [Reserved]
§ 101-25.110-2 Tires obtained through Federal Supply Schedules or regional term contracts.
When tire manufacturers ship tires direct against orders placed under Federal Supply Schedules, the tire manufacturer will record the name and address of the purchaser and the identification numbers of the tires involved.
[53 FR 11848, Apr. 11, 1988]
§ 101-25.110-3 Tires accompanying new motor vehicles.
The tire identifications and recordkeeping regulations issued by the Department of Transportation require each motor vehicle manufacturer or his designee to maintain a record of tires on or in each vehicle shipped by him together with the name and address of the first purchaser.
[37 FR 7794, Apr. 20, 1972]
§ 101-25.110-4 Recordkeeping responsibilities.
The effectiveness of the tire identification and recordkeeping regulations depends on the active support and cooperation of all agencies to ensure that tires subject to a recall program are not to continue in service thereby endangering the lives of the occupants of the vehicle. Therefore, agencies should establish procedures for promptly identifying and locating all tires whether in storage or on vehicles so that advice from GSA, the tire manufacturer, or the vehicle manufacturer may be acted upon expeditiously.
[53 FR 11848, Apr. 11, 1988]
§ 101-25.111 Environmental impact policy.
(a) From time to time, Congress enacts legislation pertaining to the protection and enhancement of the Nation's environment; e.g., the National Environmental Policy Act of 1969 (42 U.S.C. 4321). The objective of such legislation is, among other things, the improvement of the relationship between people and their environment and the lessening of hazards affecting their health and safety. It is the policy of the General Services Administration to appropriately implement the various provisions of these Acts of Congress as fully as statutory authority permits in support of the national policy.
(b) With respect to the procurement, management, and disposal of personal property, the implementation of national environmental policy is provided through amendments to the regulations of GSA, changes to Federal specifications and standards documents, as appropriate, and other actions as may be required when expediency is of prime importance. Further, the Federal regulatory agencies have imposed restrictions applicable to the procurement, use, and disposal of items supplied through the Federal supply system that are known to contain components or possess qualities that have an adverse impact on the environment or that result in creating unsafe or unhealthy working conditions. Each agency, therefore, shall take action as necessary to ensure that the objectives and directives of the National Environmental Policy Act, other environmental statutes, and applicable regulations are met; especially the directive that environmental concerns, effects, and values shall be given appropriate consideration with economic and technical issues in decisionmaking. Action should include a continuing review of the
[39 FR 24505, July 3, 1974]
§ 101-25.112 Energy conservation policy.
(a) Agency officials responsible for procurement, management, and disposal of personal property and nonpersonal services shall ensure that pertinent procurement and property management documents reflect the policy set forth in paragraph (b) of this section, which has been established pursuant to Public Law 94–163, Energy Policy and Conservation Act.
(b) With respect to the procurement or lease of personal property or nonpersonal services, which in operation consume energy or contribute to the conservation of energy, executive agencies shall promote energy conservation and energy efficiency by being responsive to the energy efficiency and/or conservation standards or goals prescribed by the U.S. Government.
[43 FR 8800, Mar. 3, 1978]
§ 101-25.113 [Reserved]
§ 101-25.114 Supply management surveys and assistance.
Under the provisions of 40 U.S.C. 487, the General Services Administration will perform surveys and/or reviews of Government property and property management practices of executive agencies. These surveys or reviews will be conducted by the Federal Supply Service in connection with regular surveys and studies of agency supply management practices or when providing assistance in the development of agency property accounting systems. Written reports of findings and recommendations will be provided to agency heads.
[45 FR 41947, June 23, 1980]
Browse Next
