FAR 45.604-1—Sales procedures.
Plain-English Summary
FAR 45.604-1 is a short but important cross-reference provision that governs how surplus personal property is sold after it has completed screening under FAR 45.602-3(a). The section does not create a separate sales system; instead, it directs agencies to use the Federal Management Regulation’s surplus personal property sales policy at 41 CFR part 102-38. In practice, this means the sale process, methods, advertising, terms, and related administrative requirements are controlled primarily by the FMR rather than by agency-specific ad hoc procedures. The section also recognizes that agencies may issue implementing procedures, so long as those procedures fit within the broader FMR framework. For contracting officers, property administrators, and disposal personnel, the practical significance is that once screening is complete, the property must move into the established federal sales process rather than being disposed of informally or under inconsistent local practices.
Key Rules
Sell only after screening
The rule applies to surplus personal property that has completed screening under FAR 45.602-3(a). Property cannot be sold under this section until the required screening process is finished and the item is properly identified as surplus for sale.
Use FMR sales policy
Sales must follow the Federal Management Regulation policy for surplus personal property at 41 CFR part 102-38. This makes the FMR the controlling source for the sale process, including the general policy framework and required procedures.
Agency procedures allowed
Agencies may establish implementing procedures to carry out the sale process. Those procedures are permitted only as implementation guidance and should be consistent with the FMR and any other applicable federal requirements.
No separate FAR sales method
This section does not prescribe its own detailed sales mechanics. It functions as a referral rule, meaning the operative sale rules come from the FMR rather than from FAR 45.604-1 itself.
Responsibilities
Agency
Ensure surplus personal property that has completed screening is sold under the Federal Management Regulation at 41 CFR part 102-38. The agency may issue implementing procedures, but must keep them consistent with the FMR and use them to administer the sale process properly.
Contracting Officer / Property Disposal Personnel
Confirm that screening under FAR 45.602-3(a) is complete before authorizing sale action, and then follow the applicable FMR sale procedures. They must avoid using informal or inconsistent methods that bypass the required federal sales framework.
Contractor / Custodian of Government Property
If holding government property subject to disposal, cooperate with screening and disposition instructions and release the property for sale only when directed through the proper federal process. Contractors should not independently dispose of or sell the property unless specifically authorized.
Practical Implications
This section is mainly a routing rule: once screening is done, the property moves into the federal surplus sales system under 41 CFR part 102-38.
A common pitfall is treating agency convenience as a substitute for the FMR; agencies can add procedures, but they cannot replace the required federal sales policy.
Another risk is premature sale before screening is complete, which can create accountability, competition, and disposal compliance problems.
Contracting and property personnel should verify which office owns the disposal action and which FMR sale method applies before advertising or transferring the property.
Because the section is brief, users must look to the FMR for the real operational details, such as sale methods, terms, and documentation requirements.
Official Regulatory Text
Surplus personal property that has completed screening in accordance with 45.602-3 (a) shall be sold in accordance with the policy for the sale of surplus personal property contained in the Federal Management Regulation, at part 102-38 ( 41 CFR part 102 -38). Agencies may specify implementing procedures.