Requirements for Chemical Disposition cont'd

DOE-HDBK-1139/3-2003

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Consolidated Requirements

4.2.4 Abandonment or Destruction of Excess or Surplus Chemicals

4.2.4.1 The holding DOE organization or designated contractor

41CFR102-36.35(d);

may abandon or destroy (excess or surplus) property or

41CFR102-36.305;

donate it to public bodies (without reporting to the GSA)

41CFR109-45.901

only after the OPMO (see definition) makes a written

determination that the property has "no commercial

value" or its continued maintenance cost would exceed its

estimated sale proceeds.

4.2.4.2 In general, DOE or DOE contractor must implement sales

41CFR101-45;

procedures (in accordance with 41CFR101-45) in lieu of

41CFR102-36.315(b);

abandonment/ destruction when an eligible recipient

41CFR102-36.325

shows interest in purchasing these excess chemicals.

4.2.4.3 Exceptions to Public Notice - The required public notice

41CFR102-36.325;

of intent (41CFR102-36.325) to abandon/destroy excess

41CFR102-36.330

chemicals, including an offer to sell them to the public,

prior to their actual disposition is not needed in the

following cases:

The value of the property, including any expected

sale proceeds, is significantly less than the cost of its

care and handling pending abandonment/destruction,

Abandonment or destruction is required because of

health, safety, or security reasons; or

When the original acquisition cost of the item

(estimated if unknown) is less than $500.

4.2.4.4 Abandonment or Destruction without Public Notice - The

41CFR102-36.310;

head of the DOE field organization shall coordinate with

41CFR109-45.902-2

the OPMO, a review of the findings prepared by a

designated official, to justify the abandonment or

destruction of property without a public notification of

the pending action.

4.2.4.5 The owning DOE organization shall not abandon or

41CFR101-42;

destroy excess (or surplus) chemicals in a manner that

41CFR102-36.315(a);

endangers public health or safety. Specific information

41CFR109-42.11;

can be found in 41CFR109-42.11, 41CFR109-43.307,

41CFR109-43.307;

41CFR109-44.7, 41CFR109-45, and 41CFR101-42 for

41CFR109-44.7;

hazardous materials.

41CFR109-44.702-3;

41CFR109-45.9

4.2.4.6 Donation to a Public Body (see definition) - Excess

41CFR102-36.35(d);

chemicals determined to be appropriate for abandonment/

41CFR102-36.320

destruction may be donated only to a public body without

going through the GSA.

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