CFR > Title 41 - Public Contracts and Property Management > SUBTITLE C—Federal Property Management Regulations System > CHAPTER 102—FEDERAL MANAGEMENT REGULATION (parts 102 to 102-197) > SUBCHAPTER B—PERSONAL PROPERTY (parts 102-31 to 102-42) > PART 102-38—SALE OF PERSONAL PROPERTY > SUBPART A—General Provisions (§102-38.5 to §102-38.70) > 102-38.20—Must an executive agency follow the regulations of this part when selling all personal property?

102-38.20—Must an executive agency follow the regulations of this part when selling all personal property?

Generally, yes, an executive agency must follow the regulations of this part when selling all personal property; however—
(a) Materials acquired for the national stockpile or supplemental stockpile, or materials or equipment acquired under section 303 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2093) are excepted from this part;
(b) The Maritime Administration, Department of Transportation, has jurisdiction over the disposal of vessels of 1,500 gross tons or more and determined by the Secretary to be merchant vessels or capable of conversion to merchant use;
(c) Sales made by the Secretary of Defense pursuant to 10 U.S.C. 2576 (Sale of Surplus Military Equipment to State and Local Law Enforcement and Firefighting Agencies) are exempt from these provisions;
(d) Foreign excess personal property is exempt from these provisions; and
(e) Agency sales procedures which are mandated or authorized under laws other than Title 40 United States Code are exempt from this part.

Code of Federal Regulations

[73 FR 20802, Apr. 17, 2008]