4.2 Laws and Regulations Pertaining to the Federal Surplus Property Program

The purpose of this section is to provide reference to the legal authority for the acquisition and use of federal surplus property in the State of Georgia as primarily set forth in 41 CFR 101-42.000, 101-43.000, and 101-45.000; and cross-referenced to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102–1 through 102–220).

50-5-51: Power, authority, and duty of department 

  • The Department of Administrative Services shall have the power and authority and it shall be the department's duty, subject to this part: …
    (7) To establish and operate the state agency for surplus property for the purpose of distributing surplus properties made available by the federal government under Pub. L. 152, 81st Congress, as amended, to institutions, organizations, agencies, and others as may be eligible to receive such surplus properties pursuant to applicable provisions of federal law. The commissioner may enter into or authorize the aforesaid state agency for surplus property to enter into cooperative agreements with the federal government for the use of surplus properties by the state agency. The commissioner is authorized to enter into contracts with other state, local, or federal agencies, or with other persons with respect to the construction, operation, maintenance, leasing, or rental of a facility for use by the state agency. Further, the commissioner may acquire real or personal property for such purposes;

Key regulations associated with federal surplus property:

  • 41 CFR 102 Subchapter B: Personal Property
    • 102-33.5 to 102-33.460 (Management of Government Aircraft)
    • 102-34.5 to 102-34.350 (Motor Vehicle Management)
    • 102-35.5 to 102-35.30 (Disposition of Personal Property)
    • 102-36.5 to 102-36.475 (Disposition of Excess Personal Property)
    • 102-37.5 to 102-37.580 (Donation of Surplus Personal Property)
    • 102-38.5 to 102-38.370 (Sale of Personal Property)
    • 102-39.5 to 102-39.85 (Replacement of Personal Property Pursuant to the Exchange/Sale Authority)
    • 102-41.5 to 102-41.235 (Disposition of Seized, Forfeited, Voluntarily Abandoned, and Unclaimed Personal Property)