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FEPP DESK GUIDE


CHAPTER 10 - ACQUISITION

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CONTENTS:

Identification of Needs

Acquisition Guidelines

FEPP Acquisitions for the State Foresters' Fire Program

FEPP Acquisitions That May Be Loaned to Local Cooperators

Unique Acquisition Requirements

Screener's Card

Who Should Screen?

Where to Screen?

Sources for Excess

How to Screen?

Screening from a DRMO Using Single-Cycle Method

Screening and Freezing from a Federal Agency other than the Department of Agriculture

Screening and Freezing from a Department of Agriculture Agency

Transmittal of Transfer Orders and Justification Statements

Justification Statement

Parts Only Acquisition

Receipt Copies

Safety

Other Property Programs

Seized and Confiscated Property

Title to Federal Excess Personal Property

SF 97 - Certificate to Obtain Title to a Vehicle

Preapproved SF-122s

Direct Transfers Between Federal Agencies

Cooperative State Screening

Unrequested FEPP

Non-Appropriated Fund Property

Procedures To Acquire Overseas FEPP

Exchange/Sale

Exchange/Sale Guidelines


IDENTIFICATION OF NEEDS

On an annual basis, State foresters should submit an acquisition plan to their regional or area FEPP manager. This will permit discussion of any items requiring further elaboration and also aid the Forest Service in helping the State forester to locate FEPP. The FEPP manager should review the list upon receipt and discuss and resolve any items requiring discussion on type or quantity. The Forest Service may require justifications for specific items. Acquisition Plans should be for a specific 12- to 15-month period and should be signed by a State and Forest Service official.

After approval by the Forest Service, the State may submit the acquisition plan to GSA by either telephone, letter, or the GSA Form 1539, "Request for Excess Personal Property." The GSA Customer Service Bureau will attempt to match State requests from local or national excess inventories. Once a need is registered, GSA normally screens "want lists" for a period of 180 days unless otherwise requested. The Forest Service should retain a copy of the acquisition plan to facilitate the approval process when the desired property is located and a transfer order is made. Note: This process is automated in the FEPMIS system.


ACQUISITION GUIDELINES

The following items are determined to be unacceptable for acquisition:

Items normally unacceptable for acquisition

  • Hazardous materials
  • Recreation/Athletic Equipment
  • Nonfire Protective Clothing
  • Office Machines (calculators, typewriters, etc.)
  • Cameras
  • Paint
  • Appliances
  • *Firearms
  • **Sedans
  • **Station wagons

Request approval from the regional/area FEPP manager when there are legitimate reasons that a State needs to acquire an item from this list.

*Firearms may not be acquired through the FEPP program.

**Only the Washington Office FEPP manager may approve sedans and station wagons.

Note: The Environmental Protection Agency's definition of hazardous materials contains some items that are allowable as FEPP acquisition (antifreeze, motor oil, etc.). Caution is urged in obtaining bulk quantities of any liquid item since subsequent disposal may be extremely costly and will be the responsibility of the State forester. In several instances State foresters have tried unsuccessfully to return hazardous materials through GSA to the military. Very often the small amount of money that a State expects to save by picking up hazardous FEPP items is grossly overshadowed by the expense of disposing of that same item.

Specialized Equipment

  • Cement mixer trucks
  • Asphalt spreader
  • Trash compactor trucks
  • Street sweepers
  • Bucket Truck - Cherry Picker
  • Truck-mounted post hole diggers
Acquisition of functional specialized equipment is not authorized for the purpose of cannibalization. This does not preclude obtaining nonfunctional equipment for conversion to fire vehicles. It also does not prevent special justification to obtain specialized equipment when there is a legitimate need to use the equipment for its primary purpose. Regional/area FEPP managers are authorized to permit exceptions when sufficient justification is presented.

FEPP ACQUISITIONS FOR THE STATE FORESTERS' FIRE PROGRAM

Program managers should be guided by the knowledge that this program is authorized to directly support the fire program. Acquisition documents and justification statements will be reviewed and approved when appropriate by the appropriate Forest Service official. Please note that the high-risk items and specialized equipment restrictions listed above apply to the State Fire Program as well as local cooperators.

FEPP ACQUISITIONS THAT MAY BE LOANED TO LOCAL COOPERATORS

State foresters may acquire for loan to fire service cooperators (including State conservation camps and inmate crews) only items that are designed for or can be modified for direct use in fire suppression activities. Under certain conditions, materials and equipment to fabricate and maintain these items may be included.* The items to be loaned will normally be limited to the following:

  • Trucks
  • Tactical Communications Systems
  • Tanks
  • Trailers
  • Fire Tools
  • Fire Protective Clothing
  • Hoses
  • Tires
  • Winches
  • Vehicle Parts
  • Sirens
  • Light Bars
  • Nozzles
  • Breathing Apparatus
  • Pumps
  • Forcible Entry Tools
  • Air Compressors
  • Extraction Equipment
  • Generators

*Fabrication materials and equipment may be loaned to a fire service cooperator with an established maintenance facility, or to those that can otherwise demonstrate effective use of such shop equipment, based on fire program requirements. Materials to fabricate and maintain such equipment include items such as sheet metal, steel, and other fabricating materials. Equipment used in fabrication includes metal brakes, benders, saws, welders, and similar high-cost items.

Items that should not be acquired for loan to cooperators include furniture, building materials, office supplies and equipment, and hand tools.

Each cooperator must have an agreement in place with the State forester addressing the terms and conditions of the loan of FEPP before it is assigned to a cooperator.

When items not on the above lists are needed by our fire cooperators, they should be obtained through the SASP or some other source.


UNIQUE ACQUISITION REQUIREMENTS

Acquisition of the Gamma Goat (M-561 and M-592) and HUMMWV (M998 and M1098) requires that you add the following certification on your acquisition document (SF-122):

Since this vehicle does not comply with the Federal Motor Vehicle Safety Standards and is designed for use under conditions unique to the Department of Defense, extra competence and caution should be exercised in the operation and use of this vehicle outside the design specifications. In accepting the transfer, the USDA Forest Service warrants that it will provide necessary operator training and hold the DoD harmless against all third parties in liability suits involving the operation of HMMWVS in its custody. Our authorization to use these vehicles is granted mainly for transporting water in difficult off-road terrain only.

See Chapter 30 for unique disposal requirements.


SCREENER'S CARD

Preparation - Property disposal personnel/facilities are not supposed to allow persons to screen, freeze, or in some cases pick up property, unless they have in their possession a current and properly authorized screener's card. These cards are requested by the State forester's office and must be approved by the Forest Service.

Regional Inventory - A record of all screener's cards issued to State or non-State personnel must be maintained by the Forest Service. The inventory record will include date-of-issue and date-of-expiration for each card issued. State employees who have Screener's Cards and become ineligible to screen because of a change in duties or separation from employment shall return their cards or have their cards returned.


WHO SHOULD SCREEN?

Screeners should not be chosen lightly. The number of screeners should be kept to a minimum, numerous enough to adequately cover the generating points on a meaningful schedule. A screener should visit specific installations rather than alternate with other screeners. The screener needs to become well acquainted with the personnel at the base. Good rapport is essential.

A screener needs to be knowledgeable in both wildland and structural fire control programs. This is because much of the property seen was not initially designed for the fire service, and sometimes it takes an experienced and innovative eye to see the fire equipment under the olive-drab paint.

Just where in the organization the screener is located is up to the administrator of the program (State forester). Ideally, the whole excess property program should be within the "Fire Shop," then the unit that screens, acquires, assigns, inventories, reclaims, and disposes of the property would be the same as the one that determines the need. It is recognized that this is not always possible (or even desirable) in a given agency. It is important to remember, however, that the only justification we have to acquire and loan FEPP is for use in the fire program, so Fire must play the major role in determining and assigning the property.


WHERE TO SCREEN?

FEPP is being turned in all over the world, so screening is possible at a large number of generating facilities. For most State agencies the State line is a significant barrier, but as a minimum, screeners should visit every generating point in the State. If a good facility exists in another State, and travel regulations allow, it is wise to make some trips there also.

Almost any Federal installation can be a source of excess property, but time is most effectively spent at military installations. Such places necessarily generate large quantities of excess on their own, and many smaller offices in the surrounding area often turn in their property there as well.

Veterans Administration hospitals and munitions plants also generate sizeable quantities of useful property. Your GSA representative will help you locate generating facilities.


SOURCES FOR EXCESS

  1. Contact the local GSA Customer Service Bureau. Speak with the GSA specialists who handle the types of excess you are looking for, so they can search for you.
  2. SCREEN - An automated inquiry-and-request module comprising the first installment of FEDS (Federal Disposal System, a total property tracking system). SCREEN contains GSA's nationwide inventory of excess and surplus property and allows inquiry by stock number or description. The request portion of SCREEN allows the user to create an automated transfer request in lieu of manually completing a SF- 122, Transfer Order Excess Personal Property. State offices wishing access to SCREEN should submit a written request through the State forester to the Forest Service regional or area office. For additional information contact the SCREEN Coordinator, FSA/FSS Property Management Division (FBPX), CMBg4, Room 800, Washington, DC 20406. The telephone number is (703) 305-7344.
  3. Physically screen property at holding sites. Federal employees are authorized to screen excess property at Federal installations without restriction, using their Federal identification. State screeners must carry a current Forest Service and GSA-approved Screener's Identification Card.
  4. Visit the GSA regional office. Screen turn-in documents and review Federal Supply Schedule-23, GSA automated printouts (RCS-01 Report), which provide nationwide visibility of available property generations.
  5. Review excess catalogs put out by the USDA DEPPC and the various Department of the Interior agencies that notify us of their FEPP listings. Make contact with property management officials for local national forests and job corps centers.
  6. DRMS Defense Logistics Agency Internet screening process. The Internet address is www.drms.dla.mil.
  7. USDA property may be screened at www.nfc.usda.gov/propexcs


HOW TO SCREEN?

Screeners should be trained for the job, motivated to abide by the standards of the program, and advised of the types of property to find.

The wide variety of property being released at Government facilities sometimes overwhelms a new screener. This can lead to undesirably large quantities of unusable property being picked up because the screener exceeded agency needs. There is no doubt that items will show up that were not anticipated but that would be very useful. However, under most situations, screeners should be directed to pick up only those items that fit a well-defined acquisition plan.

Management should develop guidelines on which types of property are allowable and which are not. It should be remembered that property suitable for the agency's own use may not be suitable for use by a fire department. An acquisition plan will be more varied if excess property is to be acquired for both areas. Screeners should be familiar with acquisition guides elsewhere in this chapter.

When a screener finds a piece of excess property that seems appropriate for the program but is not on the acquisition plan, provision must be made for exceptions, possibly via a phone call to headquarters.

Screeners must be told that no excess property is to be acquired for use outside the fire program. It must be either for use by the State forestry agency in fire protection or loaned to a fire department or other fire cooperator.

If the screener's agency has an official uniform, it should be worn, and it should be neat and clean. A uniform can facilitate entering a facility, and neatness improves relations with disposal personnel.

A typical screening trip will usually involve a visit to a military facility, and that means passing through some form of security. Depending on the base's mission and other factors, entry may involve simply driving in, or going into an office to sign in and receive a pass. Each installation is different and requires some adjustments.

The first trip to a facility will require some effort to locate the disposal yard. If there is a guard or check-in point at the gate, directions can be obtained. If no directions are available, the disposal yard can usually be found by remembering two things: it is normally on the far side of the facility and it almost always has a railroad track leading through it or beside it.

Once the disposal yard (DRMO)has been located, it is important to sign in and present the Screener's Card. It is also helpful to spend some time socializing before starting to screen.


SCREENING FROM A DRMO USING THE SINGLE-CYCLE METHOD

After signing in with the DRMO, the screener will receive a current calendar and map of property available for screening. The calendar will specify a cycle for each location of property. The DRMO's printout will be made available.

Items on the printout should be inspected to see that they will fill a need in the fire program. Often the description on the printout is misleading, or the property is not in the condition listed.

The search for listed items also provides an opportunity to look at the other excess property being processed at the disposal office. Small items and items that require protection from weather are usually inside the warehouse. They may be stacked on the floor, on shelves, or in bins and carts. Larger items are outside with vehicles lined up and tires, metal scrap, and other bulk items in piles.

This is one of the points where good rapport with all the workers at the disposal yard is valuable. It is amazing how many choice items that are normally hard to find have been located when the screener has the assistance of a friendly guide.

The property will be in one of five stages of disposal: Accumulations, Federal, Donation, "Blue Light," or Public Sales. Property found in the Accumulation cycle will have items being added throughout the entire time it is in the DRMO. Property may be screened and frozen during this cycle.

After the Accumulation cycle, any remaining property enters the 14-day Federal cycle, and only Federal agencies can freeze and pick up the property. State forestry screeners are considered agents of the Forest Service and may screen at this point.

During the 7-day Donation cycle, Federal agencies may screen the property but will have no priority. Donation agencies have priority in this cycle. A Federal screener desiring property in this cycle must process the necessary paperwork promptly to have a chance to acquire it.

When the property enters the Blue Light cycle, it will be awarded to the first customer with an approved document, but is well picked over and must be removed immediately if awarded.

The final cycle is the Public Sale cycle, and States may purchase property in this cycle if their procurement regulations permit.

Screeners should concentrate their efforts in the Accumulation and the Federal cycles, where the best property will be found, and where there is adequate time to process the required paperwork. Monitor the calendar for the dates the cycles will change to facilitate future visits.

After property is located and tagged, a Screener's Tally Sheet (DRMS Form 103) must be filled out. Samples of screener sheets are shown in Chapter 60. Filling out the screener sheet correctly is one of the most important aspects of the job, and is also one that often receives insufficient attention. Some of this information is required to fill out the transfer forms to obtain the property; other information is not required but is helpful to the job.

The required information is almost always available on a form attached to the property and includes:

  • Document number. This number is important to the DRMO because it locates the property on the printout. It is often referred to as "TID" or "turn-in document" number.
  • Stock Number. This is an 11- or 13-digit number that identifies almost every item of personal property owned by the Federal Government. A correct stock number allows the item to be described exactly, and is often helpful later, when repair parts or a military technical manual is needed.
  • Noun Description. A brief description of the item, usually three or four words, plus the manufacturer, model, and serial number. (Note: For aircraft, obtain both the military serial number, also known as the bureau number, and the manufacturer's serial number, as appropriate.)
  • Condition Code. Either an alpha or numeric code that identifies the present condition of the item (see Chapter 80). Note: this is the most likely item to be in error, so it should be compared carefully to the actual condition.
  • Unit of Issue and Quantity. These items can cause embarrassment if ignored. If the unit of issue is "case" instead of "each" the screener may acquire many more items than can be justified by need. "Quantity" should also be carefully noted for the same reason.
  • Acquisition Cost. Although in most cases no money changes hands in the FEPP program, the original cost of the item to the Government is an important statistic. This is also known as standard cost.

If the above listed items are not noted, acquisition of the property may be unnecessarily delayed as the information is not available for the preparation of the SF-122.

There is also other information that is very helpful, although not required on the SF-122. Examples of this information are:

  • Vehicle Identification Number (VIN) if appropriate.
  • Condition. The condition code may have been misleading or incorrect. This is the place to note the actual (apparent) condition of the item. Are any component parts missing and, if so, are they critical? With vehicles, check under the hood, transmission, etc.
  • Applicability. Will the item actually be useful in the fire program? Answering that question carefully will help avoid a common problem of acquiring large quantities of useless property. This is where experience in the fire program becomes valuable to the screener. Don't create an unnecessary property management and property disposal problem.
  • Transportability. What is needed to transport the item to the home unit? If trucks are to be hauled it would be unwise to plan on using a sedan to pick up the property. By the same token, it would make no sense to send a low-boy if the property to be picked up will fit in a pickup truck.

The screener takes the 103 back to the DRMO Processing Office, where the property is checked for availability and is officially frozen. Some DRMO'sA mark the computer printout to indicate that a screener already has a claim to the property. Others move the property to a holding area with sections identified for various screeners. Others attach tags to the items with the screening agency listed on them. Regardless, it is important that the paperwork process not be delayed or another agency may get the property.

The SF-122 must then be prepared (see Chapter 60).


SCREENING AND FREEZING FROM A FEDERAL AGENCY OTHER THAN A DEPARTMENT OF AGRICULTURE AGENCY

Property is turned in by Federal agencies and their contractors. Lists of this property may be obtained from a specific agency or from GSA. SCREEN is a good source for online users. Check with your region/area FEPP manager or GSA on how to get access to SCREEN.

If property has been identified as excess from a Federal agency, prepare the SF-122 including complete shipping instructions. Directions for completing the SF-122 are found in FSH 3109.12 and the FPMR's 101-43.4901. See GSA's website at www.gsa.gov/forms/mgmt.htm for information on ordering the forms.
NOTE: FEPMIS users will complete all forms electronically.

Telephone GSA to freeze property pending inspection or confirmation of property description and completion of required paperwork. Questions should be referred to the GSA Customer Service Bureau located in each GSA Regional Office or the Forest Service FEPP official in your region or area.

Once the property has been frozen with the proper official, it is important that the paperwork be prepared and processed quickly. A sure way to lose the cooperation of the people at the generating facilities is to delay the acquisition process. That is also a sure way to lose property to other agencies.


SCREENING AND FREEZING FROM A DEPARTMENT OF AGRICULTURE AGENCY

The Department of Agriculture has a central excess property function, the DEPPC. DEPPC publishes an electronic monthly catalog of all excess property reported to them at . To obtain property listed in the DEPPC catalog, prepare an SF-122 and submit it to the Forest Service regional/area office for approval. Once approved, the Forest Service will freeze the property online through the NFC PMIS/PROP system. Notification of assignment will be made directly by DEPPC. Contact the holding agency to make shipping arrangements.

To receive a hard-copy version of the DEPPC catalog, send your name and address to:

Department Excess Personal Property Coordinator
Property and Supply Management Division
Rural Development
1520 Market Street
St. Louis, MO 63103
Phone: (314)539-2460 or (800)982-0565
Fax: (314)539-2480
E-mail: mary.ernst@stl.rural.usda.gov

NOTE: Forest Service regions/area must offer their excess to State forestry agencies for use in the FEPP program before reporting the property at the Department level.


TRANSMITTAL OF TRANSFER ORDERS AND JUSTIFICATION STATEMENTS

Hard-copy versions of transfer orders and justification statements approved by the State forester may be faxed to the Forest Service. After approval, the Forest Service will fax these orders to the appropriate GSA regional office or area property officer.

Any SF-122 with an original signature should remain on file at the originating office of that specific signature for audit purposes.


JUSTIFICATION STATEMENT

The justification statement is normally completed by the screener; it may be prepared in the State forester's office when the SF-122 is typed or the information is entered into FEPMIS. However, it is important that the person who actually screens the property inform the one who prepares the justification so that a meaningful statement of possible use can be written. If the screener cannot justify the item for use in the fire program, then the item should not be acquired. See Chapter 60 for a sample justification statement and instructions.

The State forester shall provide a statement that clearly justifies the transfer when any of following exist:

  1. Forest Service regional or area policy requires it
  2. The item requested is not included in the approved annual acquisition plan
  3. Quantities are high in relation to normal requirements
  4. Equipment is in poor condition (disposal codes X or S)
  5. Property is being acquired for cannibalization
  6. It is not readily apparent that the equipment would be useful in the State's fire program
  7. The property is on the restricted acquisition list


PARTS ONLY ACQUISITION

Property obtained by the State forester for the purpose of cannibalization for usable parts must be identified on the SF-122 accompanied by a justification statement. Property acquired for the purpose of cannibalization and identified as such on the SF-122 may not require an Agriculture Department (AD) 112 form.

Inventoried property acquired for cannibalization should be entered on the National Finance Center (NFC) PMIS records for the receiving State unit and remain on the inventory record until total disposal of the remains or miscellaneous parts has been achieved. A reasonable time limit for cannibalization and disposal should be entered on the record when cannibalization is authorized.


RECEIPT COPIES

After the requested property has been received, a receipt copy of the acquisition document (SF-122, AD-107) should be sent to the Forest Service. The receipt copy should verify quantity received and provide a complete property description that includes year, make, model, serial number, State control number, and State or cooperator location where the property will be assigned. Include the NFC identification (ID) number, if State-assigned. Any discrepancies from the ordering document should be noted by the receipting official.

Aircraft acquired from the military should list both the military serial number (bureau number) and the manufacturer's serial number.


SAFETY

Occasionally, FEPP is declared excess to military needs because it has been determined to be unsafe or no longer meets military standards related to personal safety. Screeners considering items involving or affecting personal safety of end users (e.g., breathing apparatus, air tanks, and turnout gear),should be sure items acquired do not pose health hazards. The DRMO will often ask State forestry screeners to sign a document certifying that they are aware of the risks involved. The DRMO's intent is to minimize the agency's liability. This is currently being done with the M-561 Gamma Goat 11/4-ton vehicle, and may be requested for HMMWV's. In the case of breathing apparatus, justification statements must specify that equipment will be certified by qualified technicians as being safe for use before being assigned to fire departments.

Screeners should also refrain from acquiring liquids in barrels and drums. Several States have had to pay to dispose of oil, preservatives, and other liquid FEPP that was unusable and had to be disposed of in accordance with Federal and State environmental regulations. This disposal service is very expensive.


OTHER PROPERTY PROGRAMS

As the volume of DoD FEPP increases, so does the number of competing programs. About 80 percent of the property obtained by our program comes from the military. The individual State Agencies for Surplus Property traditionally have been a big competitor, but they have been joined by the Department of Interior Bureau of Indian Affairs (BIA) and DoD's Law Enforcement Support Office (LESO). The DoD provides property to State and local enforcement agencies; law enforcement officers may screen at DRMO's.

The BIA Excess Property Program is authorized by P.L. 93-638, Indian Self Determination Act, and P.L. 100-472, which amended the Indian Self Determination Act. It provides statutory authority for the donation of excess and surplus personal property to Indian tribal contractors and grantees. Title passes after the property has been in use for a year.

Each State has a SASP to distribute surplus (donated) property to eligible schools, prisons, hospitals, and other State and local agencies. There are opportunities for our program to cooperate with the surplus program, and most State foresters do so. These two programs usually realize that they are part of the same State government and serving the same constituency. When these two programs are at odds within a State, both lose.


SEIZED AND CONFISCATED PROPERTY

Property seized by the U.S. Customs Service, Drug Enforcement Agency, U.S. Marshals Service, or other Federal agencies can be acquired for loan to State foresters for fire protection. This includes aircraft, vehicles, boats, etc. Acquiring seized property is a very lengthy process; the courts have to award the property to the USDA Forest Service, often after a criminal trial. Sometimes the receiving agency is required to pay storage costs or a charge to satisfy a lien.

This type of property has been at a premium because several of the confiscating agencies now have the authority to sell the property and keep the proceeds or to give the property to cooperating local law enforcement agencies.

State law enforcement agencies are also confiscating property that they sometimes will transfer to State forestry agencies for a fee.


TITLE TO FEDERAL EXCESS PERSONAL PROPERTY

State forestry employees and Forest Service personnel, especially those who have to keep track of the property, often ask why the Forest Service doesn't give rather than loan FEPP to the State foresters. The reasons ownership is not transferred to the States include:

  1. Public Law 94-519, the Federal Property and Administrative Services Act of 1949, as amended, states that the Forest Service must keep title (ownership) to the property.
  2. The legislation cited above permits Federal agencies to transfer title of FEPP to their project grantees, but 25 percent of the acquisition cost must be paid into the Treasury Miscellaneous Receipts Account. In FY 1997, State foresters were loaned property with an acquisition cost of $126 million. Quick arithmetic shows that property would have cost $37 million. Look at the 5-year FEPP statistics and see what your State would have paid last year and over the 5-year period.
  3. If title to FEPP were to be transferred to the State foresters, it would likely then be considered a grant. This same legislation states a grantee cannot get more in FEPP than they do in Federal funding. Federal cooperative funding to States in FY 1998 was about $23 million. This would have been our limit for FEPP rather than the $123 million in FEPP we received. Under this provision, if there were no grant funds, there would be no FEPP.
  4. The fact that the Forest Service loans property rather than gives it away makes us different from the State Agency for Surplus Property (SASP). The SASP will give title to surplus property for a 6- to 7-percent (of acquisition cost) surcharge. The Forest Service has Congressional authority to loan Federal property to its State and local cooperators with no transfer fee.
  5. When competing Federal claims are made for particular items of excess property, GSA will give preference to the Federal agency that retains title in the Government (FPMR 101-43.309-5(e)). Congress has determined that it is preferable to loan Federal property rather than to pass title and transfer ownership. Since the USDA Forest Service is authorized and encouraged to obtain FEPP for loan to State foresters for rural and wildland fire protection, GSA will allocate property to our program over BIA or other programs that pass title.

SF-97 - CERTIFICATE TO OBTAIN TITLE TO A VEHICLE

An SF-97, Certificate to Obtain Title to a Vehicle, should not be provided to the State forester when vehicles are acquired through the FEPP program for loan. Title remains with the Federal Government until such vehicles are disposed of through processes indicated in Chapter 30.

SF-97's are not necessary and should be neither offered nor accepted for vehicles in this program. Vehicles can be registered and titled with SF-122 Transfer Order - Excess Personal Property, a letter from the State forester, or other documents agreed to by the State Motor Vehicle Authority (DMV, DOT, etc.). Ownership to these loaned vehicles remains with the Forest Service regardless of how the vehicles are registered or titled.


PREAPPROVED SF-122's

It will not be the normal practice for Forest Service officials to presign the SF-122 for the acquisition of FEPP. Problems that seem to require pre-signed documents should be reported to regional or national Forest Service officials after advising local GSA personnel. It will be necessary to provide details of FEPP transactions that don't conform to DoD/GSA standards. There are variations between DRMO's and we have cited some of those variations to GSA personnel and supervisory DRMS personnel.


DIRECT TRANSFERS BETWEEN FEDERAL AGENCIES

Direct transfers refer to the transfer of property ownership from one Federal agency to another without prior approval of GSA. Federal agencies have authority to transfer property that does not exceed $10,000 (FMR 102-36.145(a)). The SF-122, Transfer Order for Excess Personal Property, is the form used. Direct transfer must be noted on the form and an information copy must be sent to the appropriate GSA regional office by the transferring Federal activity within 10 days.

There is a cooperative agreement between the USDA Forest Service and the DOI. We have agreed that the USDA DEPPC in St. Louis, MO, will send the USDA catalog to the DOI agencies and they individually will send their excess listings to our FEPP managers. This agreement does not change the order of precedence in the assignment of property. The PMO shall make a determination on the feasibility of transfer to or from a Department of Interior agency.

Screeners who have found property that may be eligible for direct transfer should identify it as such to the State forester's office, who should prepare the SF-122 for Forest Service approval. The Forest Service will complete the transaction as noted above.


COOPERATIVE STATE SCREENING

State forestry agencies are encouraged to cooperate with each other to the maximum extent possible. States can screen property for one another, pick up for each other, and alert other States when usable property is available. The receiving State must complete the SF-122. Cooperative efforts maximize effectiveness, reduce costs, and ultimately make more property available.


UNREQUESTED FEPP

Property officers at Federal installations will occasionally release quantities of FEPP that exceed the quantity authorized on the transfer order. All property accepted in connection with a FEPP transaction remains Federal property, whether noted on a transfer document or not, to be used and accounted for in accordance with FSH 3109.12 and this desk guide.

Any differences between FEPP approved on any SF-122 and FEPP actually received should be noted on the signed and dated receipt copy.


NONAPPROPRIATED FUND PROPERTY

Nonappropriated fund property is defined in the FMR's (102-36.40) as property acquired by an activity that is not funded from the general fund of the US Treasurey, such as post exchanges, ship stores, military officers clubs, veteran canteens, and similar activities. Such property is not Federal property. However, per 102-36.165, nonappropriated fund property MAY be made available for transfer under provisions of this part. If made available under this provision, transfer of nonappropriated fund property shall be made upon such terms as shall be agreed upon by the owning activity and the receiving agency.

Unless the time is extended by GSA, nonappropriated fund property is offered by regional GSA offices or APO's for local screening and transfer to Federal agencies for a period of 21 days.

At the end of that time, if not selected by a Federal agency for reutilization, or extended by GSA, the property becomes surplus and will move into the sale cycle. Note: Property that requires reimbursement is not offered for donation, but moves directly from excess availability to sales (102-36.170).

If nonappropriated fund property were to be offered for transfer, and selected by a Federal agency (terms of reimbursement mutually agreed upon), title would transfer to the Federal agency and the nonappropriated fund property would become Federal property. A State forester's agent screening FEPP is picking up property on behalf of the Forest Service. Nonappropriated fund property in the local screening cycle may be acquired upon reimbursement to the nonappropriated fund activity; title passes to the Forest Service.

If the nonappropriated fund property is not selected by a Federal agency, and moves into the sale cycle, it becomes available to the general public, and title would pass to the purchaser.

Nonappropriated fund property does not have to be offered as nonreportable excess. However, once it is, it cannot be acquired by a non-Federal agency or individual until it moves into the sale cycle.


PROCEDURES TO ACQUIRE OVERSEAS FEPP

The SF-122, Transfer Order - Excess Personal Property, is the form that is used to acquire overseas FEPP. GSA approval is not needed for this type of property. The State official is required to sign the certification. The Forest Service PMO must sign blocks 9a and 14. The DRMO that is responsible for the property should be listed in block 3, rather than GSA. Additionally, the receiving unit's 6-digit activity address code must be added to the order. The State requesting this type of property is responsible for faxing the Forest Service-approved order to the overseas DRMO and for shipping arrangements and charges.


EXCHANGE/SALE BY OTHER AGENCIES

State forestry agencies are eligible to pay fair market value to the holders of Federal property that is scheduled for replacement (exchange/sale). This property is technically not excess to the owning agencies. Title to this property passes to the State forester. GSA may sell Forest Service Working Capital Fund vehicles at fixed prices (negotiated sales). GSA can now negotiate up to $25,000.


EXCHANGE SALE GUIDELINES

Exchange/sale is not actually disposal, but rather a means to replace property that is still wanted in the program. This section describes procedures for the trade-in or sale of personal property eligible for replacement under FPMR 101-46. All exchange/sale transactions require the written approval of the Forest Service.

  1. Exchange or Sale Determination: Decide whether exchange or sale will be in the best interest of the Government. In many situations, the vendor's discount in an exchange transaction may provide a greater return than if the property is sold. If sales proceeds are estimated to be less than $100, the property should be declared excess. This is a very restrictive procedure and in addition to the requirements below, there are others in CFR 101-46. All requirements must be met in order to have an exchange/sale transaction.
  2. Transfer of Exchange/Sale Property: Exchange/sale property may be transferred to other Federal agencies after fair market reimbursement.
  3. Property procured for the State forester, for fire use, paid for with State funds, but partially procured with exchange/sale funding is titled to the State. The Forest Service retains an interest in the property based on the percentage of federal funds used to procure the item.
  4. Restrictions and Limitations:

    a. The following Federal Supply Classification groups are ineligible for exchange/sale. (Items not on this list may be sold or exchanged under the procedure. Please check with GSA or the Forest Service Washington Office if you have questions.)
    10 Weapons
    11 Nuclear ordnance
    12 Fire control equipment
    14 Guided missiles
    15 Aircraft (but not structural components)
    42 Firefighting, rescue, and safety equipment
    44 Furnace, steam plant, and frying equipment; nuclear reactors
    51 Hand tools
    54 Prefabricated structures and scaffolding
    68 Chemicals and chemical products, except medicinal chemicals
    71 Furniture
    84 Clothing, individual equipment, and insignia

    b. Items exchanged or sold must be similar to the item being acquired. Example: A 1/2-ton jeep for a 3/4-ton 4x4.

    c. Excess items are not eligible; only items requiring replacement may be considered for exchange/sale.

    d. One item is to be acquired to replace one similar item unless the replacement item will perform the same function as the items being replaced.

    e. A written determination must be made prior to the transaction that the sale proceeds or exchange allowance will be used to reduce the cost of the replacement item.

    f. Property acquired from excess sources must be acquired for official use and not for the principal purpose of exchange or sale.

    g. Property in new, unused, or scrap condition may not be exchanged.

    h. Exchange Procedures: This is a trade-in. An exchange is usually accomplished when a vendor delivers a replacement item and removes the item being replaced.

    i. Sale Procedures: Exchange/sale items either are reported to GSA for sale on an SF-126 "Report of Surplus Personal Property for Sale" or sold by agencies under small lot authority (FPMR 101-45.304).

  5. When the property is sold before acquisition of the replacement property, the proceeds are credited to an account under the State forester's control for acquisition of the replacement item for the remainder of the fiscal year and 1 fiscal year thereafter.
  6. When the property is sold after the acquisition of replacement property, the proceeds are generally deposited as a direct reimbursement credited to the appropriation from which the replacement item was purchased. Any monies remaining from the exchange/sale transaction is deposited into the miscellaneous receipts of the U.S. Treasury.

FEPP Desk Guide May 2000

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