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Notes

41 C.F.R. §§ 102-38.100–102-38.125

6 sections in range

§102-38.100. Title transfer requirements.

41 C.F.R. § 102-38.100

No specific form or format is designated for transferring title from the Government to the buyer for personal property sold. You must execute a bill of sale or another document as evidence of transfer of title or any other interest in Government personal property. You must also ensure that the buyer submits any additional certifications to comply with specific conditions and restrictions of the sale.
Notes, amendments, and revision history

Authority

Authority: 40 U.S.C. 121(c); 40 U.S.C. 541 through 548, 571, 573 and 574.

Source

Source: 90 FR 58454, Dec. 16, 2025, unless otherwise noted.

§102-38.105. Sales proceeds retention.

41 C.F.R. § 102-38.105

(a)
You may retain that portion of the sales proceeds, in accordance with your agreement with the holding agency, equal to your direct costs and reasonably related indirect costs incurred in selling personal property.
(b)
A holding agency may retain that portion of the sales proceeds equal to its costs of care and handling directly related to the sale of personal property.
(c)
After accounting for amounts retained under paragraphs (a) and (b) of this section, a holding agency may retain the balance of proceeds from the sale of its agency's personal property when:
(1)
It has the statutory authority to retain all proceeds from sales of personal property;
(2)
The property sold was acquired with nonappropriated funds;
(3)
The property sold was surplus Government property that was in the custody of a contractor or subcontractor, and the contract or subcontract provisions authorize the proceeds of sale to be credited to the price or cost of the contract or subcontract;
(4)
The property was sold to obtain replacement property under the exchange/sale authority pursuant to part 102-39 of this subchapter; or
(5)
The property sold was related to waste prevention and recycling programs, under the authority of section 706 of Public Law 115-31. Consult your General Counsel or Chief Financial Officer for guidance on use of this authority.
Notes, amendments, and revision history

Authority

Authority: 40 U.S.C. 121(c); 40 U.S.C. 541 through 548, 571, 573 and 574.

Source

Source: 90 FR 58454, Dec. 16, 2025, unless otherwise noted.

§102-38.115. State and local personal property sales.

41 C.F.R. § 102-38.115

You may sell Government personal property to State and local governments through:
(a)
Competitive sale to the public;
(b)
Negotiated sale, through the appropriate SASP; or
(c)
Negotiated sale at fixed price through the appropriate SASP. This method of sale can be used prior to a competitive sale to the public.
Notes, amendments, and revision history

Authority

Authority: 40 U.S.C. 121(c); 40 U.S.C. 541 through 548, 571, 573 and 574.

Source

Source: 90 FR 58454, Dec. 16, 2025, unless otherwise noted.