18.104.22.168 The Director, Office of Administrative Services and
heads of field organizations shall designate officials to
make required findings and reviews to justify donation of
excess or surplus chemicals to public bodies.
22.214.171.124 The Director, Office of Administrative Services and
heads of field organizations shall ensure that the donation
of excess or surplus hazardous materials to public bodies
complies with applicable requirements in 41CFR109-
42.11 and 41CFR101-42.
4.3 Off-Site Transfer to Other Federal Agencies -- Federal Excess
4.3.1 Transfer of Hazardous Materials and Certain Categories of
Property - Excess hazardous materials may be transferred
between DOE and other Federal agencies except that the
Standard Form (SF) 122 (Transfer Order Excess Personal
Property), prepared by the transferee (i.e., receiving agency)
shall contain a full description of the actual or potential hazard
associated with the handling, storage, or use of each item. The
description shall consist of an MSDS or HMIS data record, if
available, or a written MSDS-equivalent narrative meeting the
OSHA Hazard Communication Standard requirements.
4.3.2 A certification by an authorized DOE official that the
hazardous item has been properly labeled and its packaging
meets OSHA and DOT requirements (see Section 126.96.36.199,
above), shall be included in the description of the hazard.
4.3.3 The transferee agency (i.e., receiving agency) shall document
the inventory or control record of the transferred hazardous
item to indicate the hazard associated with the handling,
storage, or use of the item. If available, an MSDS or HMIS (or
equivalent) data record must be filed with the SF 122.
Custody of Extremely hazardous materials - Custody of
excess extremely hazardous materials shall be the
responsibility of the owning or holding DOE site. Custody of
other hazardous materials may be fully or partially transferred
to another Federal agency with that agency's consent.
4.4 Donation or Sale of Surplus Chemicals to the Public
[NOTE: Surplus chemicals not selected for donation are offered for
sale to the public by competitive offerings such as sealed bid sales,
spot bid sales or auctions. DOE or DOE contractor may conduct the
sale if the GSA is made aware of DOE's intent at the time the excess is
reported or the GSA will conduct the sale, by default.]