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B-163084 1 (1979-02-05)

handle is hein.gao/gaobadgxi0001 and id is 1 raw text is: 

                           THE  COMPTROLLER GENERAL
DECISION                   OF   THE   UNITED STATES
                           WASHINGTON, 0 C. 20548



FILE:                            DATE:- g
MATTER   OF:
                Reention of Proceeds from
                   oTery of Precious Metals
DIGEST:
            Federal Property and Administrative Services
            Act of 1949 as amended and implementing regu-
            lations do not authorize U. S. Geological Survey
            to use proceeds from sale of silver from photo-
            graphic film, aluminum from lithographic
            printing plates, and recycled paper to offset
            cost of replacing film, plates and paper, re-
            spective.  Proposed  exchange is not of
            similar items as required by section 201(c)
            of 1949 Act. Also, regulations preclude
            exchange/sale of scrap or of excess property.

     This Is in response to a request from the Chief. Branch ofr
  Financial Management, United States Geological Survey.
  Department of the Interior, for a decision on whether the
  Geological Survey (USGS) has authority to use proceeds from
  sale of certain salvaged materials to offset the cost of replacing
  items which are the source of the salvage. The materials are
  silver from photographic film, aluminum from lithographic
  printing plates, and recycled paper. The USGS suggests that
  section 201(c) of the F   Pr    rt     Adinistrative
  Services Act of 1940 as amended, 40 U.JSC.  481(c) (Supp. V
  1975), the so-called exchangelsale provision, and implementing
  regulations of the General Services Administration (GSA) provide
  the necessary authority. (The submission cites earlier, similar,
  authorities, but 40 U. S. C. S 481(c) has generally superseded
  other statutory authorities for exchange/sale.)

     Section 201(c) of the Federal Property and Administrative
  Services Act of 1949. as amended. 40 U. S. C. $ 481(c). authorizes
  the sale or exchange of simJlar items pursuant to implementing
  regulations. It provides:

     In acquiring personal property, any executive agency,
     under regulations to be prescribed by the Administrator
     [of General Services], subject to regulations prescribed
     by the Administrator for Federal Procurement Policy
     pursuant to the Office of Federal Procurement Policy
     Act, may exchange or sell similar items and may
     apply the exchange allowance or proceeds of sale
     in such cases in whole or in part payment for the


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