41 C.F.R. Subpart 101–42.4—Sale, Abandonment, or Destruction of Surplus Hazardous Materials and Certain Categories of Property
Title 41 - Public Contracts and Property Management
This subpart prescribes the special policies and procedures governing the sale, abandonment, or destruction of hazardous materials and certain categories of property in addition to the requirements of part 101–45. (a) General Services Administration. GSA, through its regional offices, shall be responsible for the sale of hazardous materials for holding agencies except for the Department of Defense, which is delegated authority to sell property under its control, and agencies granted approval by GSA. Holding agency sales of hazardous materials conducted in accordance with §101–45.304 must meet or exceed the requirements in §101–42.403. (b) Holding agencies. Holding agencies shall be responsible for preparation of hazardous materials for sale as provided for in §101–45.103–2. Pending disposal, each holding agency shall be responsible for performing and bearing the cost of care and handling of its hazardous materials, including posting appropriate warning signs and rendering extremely hazardous property innocuous, or providing adequate safeguards. Holding agencies shall report hazardous materials to be sold by GSA to the appropriate GSA regional office for the region in which the property is physically located in the manner outlined below: (a) Reportable property. Hazardous materials are required to be reported to the GSA regional offices for utilization screening as set forth in subparts 101–42.2 through 101–42.4 and 101–42.11. If the hazardous materials are not transferred or donated, the hazardous materials will be programmed for sale by the GSA regional office without further documentation from the holding agency. (b) Nonreportable property. Under §101–42.202, Federal holding agencies are required to identify and label hazardous materials. Hazardous materials not required to be reported for utilization screening, and for which any required donation screening has been completed, shall be reported to the appropriate GSA regional office on Standard Form (SF) 126, Report of Personal Property for Sale, as provided in §101–45.303. (c) Description and certification. The SF 126 shall contain a certification, executed by a duly authorized agency official, in block 16c or as an addendum, that the item has been clearly labeled and packaged as required in §§101–42.202(e) and 101–42.204. The SF 126 shall also contain or be accompanied by a full description of the actual or potential hazard associated with handling, storage, or use of the item. Such description shall be furnished by providing: (1) An MSDS or copy thereof; or (2) A printed copy of the record, corresponding to the hazardous material being reported, from the automated HMIS; or (3) A written narrative, included in either block 16c or as an addendum, which complies with the requirements of 29 CFR 1910.1200. Hazardous materials are sold in accordance with the provisions of §101–45.304 and the following special methods and procedures. (a) Sales which offer hazardous materials shall be conducted separately from other sales. Sale catalogs or listings which offer hazardous materials shall not be mailed to all persons on the general sales mailing list but shall be sent to only those persons and entities which have expressed an interest in purchasing such materials. (b) Sale catalogs, listings, and invitations for bids, with respect to hazardous materials, shall: (1) Limit the materials in each lot for sale to a single Federal supply group; (2) Indicate, in the item description, if an MSDS has been issued for the property being sold; and (3) Indicate, in the item description, if an item is being sold only for its material content. (c) For a bid to be considered for award, the bidder must sign the following certification:
The bidder hereby certifies that if awarded a contract under this invitation for bids, the bidder will comply with all applicable Federal, State, and local laws, ordinances, and regulations with respect to the care, handling, storage, shipment, resale, export, or other use of the material hereby purchased. The bidder will hold the Government harmless from any or all debts, liabilities, judgments, costs, demands, suits, actions, or other claims of any nature arising from or incident to the handling, use, storage, shipment, resale, export, or other disposition of the hazardous items purchased. (d) MSDSs, printed HMIS records, where applicable, or a written description in compliance with the requirements of 29 CFR 1910.1200 shall be sent to purchasers of hazardous materials with their notice of award. (e) Unless authorized by the appropriate GSA regional office, a holding agency shall not sell extremely hazardous property unless the property is rendered innocuous or adequate safeguards are provided. Such property shall be rendered innocuous in a manner so as to preserve the utility or commercial value of the property. Special sales requirements for certain hazardous materials are provided in §101.42.1102. Hazardous items generally require special storage and handling. It is the responsibility of the holding agency to properly store hazardous items, to provide all necessary information to ensure that prospective bidders are informed of hazards, and to list the precautions bidders should take to protect themselves. The transportation of hazardous materials is governed by the hazardous materials regulations (49 CFR parts 170–180) issued by the Department of Transportation. Except as otherwise provided below, an agency official, prior to the transportation of hazardous materials, shall certify on the shipping document, based on his/her own examination, that the materials are properly classified, described, packaged, marked, and labeled and are in proper condition for transportation in accordance with the hazardous materials regulations. The shipper shall provide such certification in duplicate and give one copy to the originating carrier and retain the other for no less than 1 year. Hazardous materials sold by the Department of Defense (DOD) in packings not marked under the hazardous materials regulations may be shipped from DOD installations, provided DOD certifies in writing on a certificate or equivalency (COE) that the packing meets or exceeds requirements of the hazardous materials regulations. In addition to the requirements for the abandonment or destruction of surplus property prescribed in subpart 101–45.9, hazardous materials, including empty hazardous material containers, shall be abandoned or destroyed under Federal, State, and local waste disposal and air and water pollution control standards. Additional requirements for the abandonment and destruction of certain specific hazardous materials are contained in §101–42.1102.
Title 41: Public Contracts and Property Management
PART 101–42—UTILIZATION AND DISPOSAL OF HAZARDOUS MATERIALS AND CERTAIN CATEGORIES OF PROPERTY
Subpart 101–42.4—Sale, Abandonment, or Destruction of Surplus Hazardous Materials and Certain Categories of Property
§ 101-42.400 Scope of subpart.
§ 101-42.401 Sales responsibilities for hazardous materials.
§ 101-42.402 Reporting hazardous materials for sale.
§ 101-42.403 Sales methods and procedures.
§ 101-42.404 Special requirements for the sale of hazardous materials.
§ 101-42.405 Transportation of hazardous materials.
§ 101-42.406 Abandonment or destruction of surplus hazardous materials and certain categories of property.
