FAR 8.102—Policy.
Plain-English Summary
FAR 8.102 establishes the basic policy that excess personal property should be the government’s first source of supply whenever practicable. It applies to agency requirements and to cost-reimbursement contractor requirements, and it directs agency personnel to make positive efforts to find and use excess property before starting a contract action. The section also makes clear that the search for usable property is not limited to items that exactly match the need; it includes property that may be suitable for adaptation or substitution. In practice, this policy is intended to reduce unnecessary purchases, conserve appropriated funds, and improve reuse of government-owned assets. It also creates a planning obligation for acquisition and program personnel to check for available excess property early enough to avoid avoidable procurement actions. The section is short, but it is important because it sets the priority order for supply decisions and reinforces stewardship of federal property and spending.
Key Rules
Use excess property first
When practicable, agencies must use excess personal property as the first source of supply for agency needs and for cost-reimbursement contractor requirements. This means excess property should be considered before buying new items or placing a contract order.
Make positive efforts
Agency personnel are not supposed to passively assume excess property is unavailable. They must actively look for and try to obtain usable excess property before initiating a contract action.
Include adaptable property
The search is not limited to exact matches. Agencies must consider excess personal property that may be suitable for adaptation or substitution if it can reasonably meet the requirement.
Applies to cost-reimbursement contractors
The policy expressly covers cost-reimbursement contractor requirements, so agencies must consider whether excess government property can satisfy those needs before authorizing a contract action for the contractor.
Only when practicable
The requirement is qualified by practicability. Agencies should use excess property unless doing so is not feasible, not timely, or otherwise unreasonable for the requirement at hand.
Responsibilities
Agency personnel
Actively search for excess personal property and try to satisfy requirements with it before starting a contract action. Consider items that may need adaptation or substitution, not just exact matches.
Contracting Officer
Ensure acquisition planning reflects the priority use of excess personal property when practicable, and avoid initiating contract actions until a reasonable excess-property review has been completed.
Program/Requirement Owners
Identify needs early enough to allow a search for excess property and cooperate in evaluating whether available items can be used, adapted, or substituted.
Cost-Reimbursement Contractors
Use excess personal property when provided or directed as part of satisfying cost-reimbursement requirements, consistent with agency direction and contract terms.
Agency Property/Logistics Personnel
Support the identification, screening, and transfer of excess personal property so it can be matched to agency or contractor requirements before new procurement is pursued.
Practical Implications
This policy can delay or prevent a purchase if usable excess property exists, so acquisition planning should start with a property search rather than a solicitation.
A common pitfall is treating the rule as optional or checking for excess property too late, after a contract action is already underway.
Another frequent issue is looking only for exact matches and ignoring items that could work with minor modification or substitution.
Documentation matters: agencies should be able to show that they made a real effort to identify and use excess property before buying new supplies.
For cost-reimbursement work, agencies should coordinate closely with contractors and property staff so the government does not pay for items that could have been obtained from excess stocks.
Official Regulatory Text
When practicable, agencies shall use excess personal property as the first source of supply for agency and cost-reimbursement contractor requirements. Agency personnel shall make positive efforts to satisfy agency requirements by obtaining and using excess personal property (including that suitable for adaptation or substitution) before initiating a contract action.