BRIEF

Policy Summary

This policy sets forth the Personal Property Management policies governing the acquisition, utilization, management, and disposition of U.S. government property entrusted to Lawrence Berkeley National Laboratory (Berkeley Lab) by the U.S. Department of Energy (DOE). These policies reflect the requirements defined in Contract 31, between the University of California and the DOE, for managing government property.

Who Should Read This Policy

All Berkeley Lab employees and affiliates

To Read the Full Policy, Go To:

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Contact Information

Property Manager, OCFO

POLICY

A. Purpose

This policy provides guidance on the requirements for the management of personal property at Lawrence Berkeley National Laboratory (Berkeley Lab). Supervisors are responsible for the proper use and control of property and supplies used by employees.

B. Persons Affected

All Berkeley Lab employees and affiliates

C. Exceptions

None

D. Policy Statement

D.1 General
D.2 Ownership
D.3 Division Responsibilities
D.4 Employee Responsibilities
D.5 Affiliate Responsibilities
D.6 Subcontracts Involving Government Property
D.7 Tagging and Inventory of Personal Property
D.8 Gifts of Property
D.9 Borrowing Property
D.10 Loaning Property
D.11 Mission-Related Personal Property Use Agreements (MRPPUA)
D.12 Export Control Considerations
D.13 Property Movement Records
D.14 Storage of Property
D.15 Excess Property
D.16 Property Loss or Damage
D.17 Property Retirement

D.1 General

1. As prescribed in Contract 31, Berkeley Lab must establish, administer, and properly maintain an approved property management system of accounting for and control, utilization, maintenance, repair, protection, preservation, and disposition of government property in its possession under the contract. This policy sets forth key requirements for the effective management of personal property.
2. Personal property must be managed in a responsible, safe, and secure manner to ensure personal property assets are available to support efficient mission execution. Adequate care must be taken to safeguard property against theft, loss, destruction, and damage consistent with the environment in which the property is being properly used.
3. All personnel must be aware of and comply with all applicable export control laws before undertaking any activities that may trigger export control compliance issues. This includes, but is not limited to, the lending and dispositioning of personal property assets.
4. All items purchased by the Laboratory, regardless of whether or not they are tagged (i.e., have a DOE barcode label), are government property and must be returned to the Laboratory upon request or at the end of the user's relationship with the Laboratory.
5. The Laboratory Personal Property Policy Manual (PPPM) and the Property Management website provide additional procedural detail and guidance.

D.2 Ownership

1. Title to Berkeley Lab property rests with the United States government.
2. The facilities, tools, supplies, materials, and equipment purchased by Berkeley Lab with government funds are U.S. government property and must be used solely for official purposes, which are defined as "the performance or support of Laboratory work or other purposes authorized by the Laboratory."
3. Government-Furnished Property (GFP) or Subcontractor-Acquired Property (SAP) obtained in the course of performing work under a subcontract, purchase order, or any other procurement action or funding document written by Procurement is government property, unless otherwise specified in the subcontract.
4. Nongovernment-owned personal property shall not be installed in, affixed to, or otherwise made a part of, any government-owned personal or real property such that it becomes inseparable from or causes the Government property to lose its identity.

D.3 Division Responsibilities

Each Laboratory division is responsible for establishing requirements that ensure the effective stewardship of its resources, including hierarchical responsibility for reporting losses and misuse of property. Divisions are responsible for managing property throughout its lifecycle. At a minimum, the division must:

1. Ensure Property Management procedures are followed. 
2. Assign a Division Property Representative, whose role and responsibilities are outlined in section E, below.
3. Assign accountable property to a Property Custodian who is a valid Berkeley Lab employee.
4. For assets that have been defined "High-Risk" by Property Management, the custodian will be responsible to ensure that adequate safeguards are in place by:
   1. Consulting with LBNL's Export Control office to determine whether a control plan is required.
   2. Consulting with the Property Management Group prior to any custodian or locations changes.
   3. Adhering to the required controls of high-risk property throughout the life cycle of the property.
5. Update the location in the Property Management database of accountable property when it is moved from an assigned location to a new location
6. Track items removed from a Berkeley Lab location to a telework/remote work location. At a minimum, the following items must be tracked by divisions when removed from a Berkeley Lab location to a telework/remote work location:
7. Office equipment and accessories (high definition/resolution computer monitors, docking stations for Apple and Dell with associated cables, printers, webcams, keyboards, mice, etc.).
8. All furniture (chairs, tables, and sit/stand converters, etc.).
9. Provide timely support of property inventories.
10. Report lost or stolen property items within 24 hours of identifying missing items (see section D.16, below).
11. Notify Property Management of receipt and location of nongovernment property.
12. Take corrective action on violations of property management policy.

D.4 Employee Responsibilities

1. U.S. government property is for official use only by division-authorized employees. Employees who use government property for personal business or who remove property from Laboratory jurisdiction without proper authorization are subject to disciplinary action. Accountable property is assigned to a Property Custodian, who must be a Berkeley Lab employee.
2. Employees must follow Berkeley Lab Property Management policies and procedures and take reasonable measures to safeguard property against theft, loss, destruction, and damage consistent with the environment in which the property is being properly used. Employees are expected to demonstrate good stewardship of taxpayer funds and to work with their supervisors to ensure compliance with any requirements established by the project or division.
3. Theft, illegal possession, unlawful disposition, appropriation, or misuse of government property constitute federal offenses. Persons who engage in conduct prohibited by Berkeley Lab Property Management policies are subject to corrective action up to and including dismissal. 
4. Employees are responsible for returning any Lab property provided for telework at the time of termination of Berkeley Lab employment, or upon request.

D.5 Affiliate Responsibilities

1. Affiliates are individuals invited by an eligible Berkeley Lab host who will engage in Berkeley Lab activities involving research, the use of Laboratory facilities, or the provision of a service to Berkeley Lab.
2. Affiliates may use Berkeley Lab property and equipment, but may not be assigned as the Property Custodian for accountable property.
3. Affiliates must exercise effective stewardship of Berkeley Lab assets and property under their control, and shall take reasonable actions to safeguard against theft, loss, misuse, and disruption.
4. Affiliates are expected to adhere to the requirements in this policy.

D.6 Subcontracts Involving Government Property

Berkeley Lab may furnish property to a subcontractor that is performing work for Berkeley Lab. The subcontractor is responsible for receiving, utilizing, maintaining, and managing GFP and SAP, in accordance with Berkeley Lab's Property Management regulations, until the property is returned to Berkeley Lab.

1. Divisions are responsible for notifying Procurement at the time of acquisition that the scope of a subcontract will require GFP or SAP.
2. GFP or SAP obtained in the course of performing work under a subcontract or other procurement action is government property, unless otherwise specified in the subcontract.
3. Subcontractors are accountable for all government property in their possession, and they must manage, control, and protect that property in a manner consistent with Berkeley Lab's Property Management policies. See SP 45.1, Government Property.
4. GFP and SAP are subject to all inventory controls and requirements.
5. Upon completion of the subcontract, the division is responsible for ensuring that all accountable property is returned to Berkeley Lab before the subcontract is closed out.

D.7 Tagging and Inventory of Personal Property

This section describes the requirements for the receipt, tagging, and inventory of property that meets the established DOE tagging and inventory criteria. Requirements apply to material and equipment purchased through the eProcurement (ePro), Procurement Card (PCard), or eBuy systems; provided by sponsors; or acquired through vendor lending agreements or other processes.
Exceptions: Laboratory-issued smartphones are recorded and tracked by their electronic serial number by the Telephone Service Center.

1. Marking/Tagging of Personal Property: Material or equipment that meets the DOE established tagging criteria must be identified and tagged as U.S. Government Property or U.S. DOE Property. Other property may be tagged as Property of Others.
   1. All information associated with a DOE-tagged asset must be entered into the Property Management database upon receipt.
   2. Whenever practical, Berkeley Lab shall identify and tag personal property upon physical receipt or as early as reasonably possible after physical receipt. To the extent possible, property items will be received in the Receiving Department or at an officially designated forward delivery location. Property tagging will typically be completed as part of the official receiving function for accountable and administratively controlled property.
   3. Divisions must notify Property Management of equipment arriving on site that did not go through Berkeley Lab Procurement processes, including property/equipment provided by sponsors. Such equipment is subject to Environmental Safety and Health (ES&H) review. It will also be evaluated by Property Management and tagged as "Property of Others" when appropriate.
   4. Tagging requirements are outlined in the table below.

2. Inventory: Physical inventories of those categories of personal property specified in the table below must be performed per the DOE-mandated schedule.

   Asset Category	Definition	Tagging Requirement	Inventory Requirement
   Administratively Controlled Property	Personal property controlled at the discretion of individual DOE offices, but for which there is no DOE requirement to maintain formal records.	Shall be marked ‘‘U.S. Government Property’’ or ‘‘U.S. DOE Property’’	There is no formal DOE requirement for the performance of physical inventories of this property.
   Capital Equipment	Property acquired or valued at or above a $500,000 threshold is classified as capital equipment and includes property that is entered on the agency’s general ledger records as a major investment or asset.	Acquisition cost of > $500,000 DOE barcode tag Entered into the Property Management Database	Annual 100%. inventory accuracy
   Controlled Substances	Illegal drugs allowed for use in strictly regulated research activities are classified as Controlled Substances.	No threshold for acquisition cost Container requires barcode tag  Entered into the ES&H Controlled Substance database	Annual 100% inventory accuracy
   Equipment	A tangible asset that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract.	Acquisition cost >$10,000 and <$500,000 DOE barcode tag Entered into the Property Management Database	Biennial 98%. inventory accuracy
   High Risk	Property that, because of its potential impact on public health and safety, the environment, national security interests, or proliferation concerns, must be controlled and disposed of in other than the routine manner. The categories of high-risk property are automatic data processing equipment, especially designed or prepared property, export-controlled information, export-controlled property, hazardous property, nuclear weapon components or weapon-like components, proliferation-sensitive property, radioactive property, special nuclear material, and unclassified controlled nuclear.	DOE barcode tag Entered into the Property Management Database	Annual 100% inventory accuracy
   Precious Metals	Uncommon and highly valuable metals characterized by their superior resistance to corrosion and oxidation. Included are gold, silver, and the platinum group metals, platinum, palladium, rhodium, iridium, ruthenium, and osmium.	No tagging requirement Must be tracked on Property Management’s Precious Metals spreadsheet	Annual 100% inventory accuracy
   Property of Others	Property borrowed from external organizations for short-term use by Laboratory employees is classified as Property of Others.	Tagged with “Property of Others” tag	None
   Sensitive	Includes all items, regardless of value, that require special control and accountability due to unusual rates of loss, theft, or misuse, or due to national security or export control considerations.	No threshold for acquisition cost DOE barcode tag Entered into the Property Management Database	Annual 100% inventory accuracy

D.8 Gifts of Property

1. Berkeley Lab may not accept an offer of personal property from any external entity.  This type of offer is considered a “gift.”
2. Gifts of equipment may be accepted only by the Berkeley Lab Foundation, which may in turn authorize its use at Berkeley Lab. See Berkeley Lab Foundation website for guidance — BLF Gift Process.
3. Gifts of equipment are accepted in the name of, and title is vested in, the Berkeley Lab Foundation.

D.9 Borrowing Property

1. Berkeley Lab may be allowed to borrow property from external organizations for short periods of time, when doing so is practical and economical. Property may be borrowed from another government or educational organization for use in research or from a vendor for test and evaluation. The purpose of the borrowing arrangement determines the protocol that must be followed.
   1. Use in Research: Borrowing property for use in research requires prior authorization through the Berkeley Lab Property Management Group. Information about this organizational agreement can be found in the Property Management procedure Borrowing Personal Property for Use.
   2. Testing and Evaluation: Borrowing equipment for testing and evaluation is managed by divisions on behalf of their employees. See the Property Management procedure Borrowing Personal Property for Testing.
2. In all cases, the division must contact an EH&S Division Safety Coordinator to review and clear the borrowed equipment for use.
3. Liability Considerations
   1. Employees will not be individually reimbursed for insurance of property that is transported between Berkeley Lab and other locations.
   2. Property Loaned or Borrowed for Use: Agreements for property that is loaned or borrowed for use in research are coordinated by Property Management. Reimbursement against loss or damage is governed by the terms of each individual agreement.
   3. Property Borrowed for Testing: Responsibility for property borrowed from a vendor for testing and evaluation rests with the borrower and the employee's division. Berkeley Lab's limited liability for borrowed property must be acknowledged in writing by the loaning entity prior to its being shipped. See the Property Management procedure Borrowing Personal Property for Testing.

D.10 Loaning Property

1. Government property that has not been classified as excess may be loaned for research, studies, and other efforts. Berkeley Lab property provided as Berkeley Lab support to a formal collaboration is not considered to be a loan and is managed in accordance with section D.11 below.
2. Loans may be made for an initial period of one (1) year, and extended in one-year increments.
3. During the term of the loan, the borrower assumes financial responsibility for the property.
4. Property on loan is subject to Berkeley Lab inventory requirements and must be returned to Berkeley Lab at the conclusion of the loan term.
5. The borrower is responsible for transport expense of loaned property both leaving from and returning to Berkeley Lab.
6. Berkeley Lab will not procure or retain property for the purpose of making a loan.
7. Property will not be loaned to consultants for work under a consulting agreement with Berkeley Lab and property shall not be loaned to an individual.
8. Property Management will perform a high-risk review before any assets leave the custody of the Laboratory.
9. All DOE barcode-tagged property listed on active loans will be included in Berkeley Lab’s annual physical inventories for the duration of the term of the loan.
10. Divisions are required to maintain accurate location information in the PeopleSoft Asset Management (PSAM) system during the life of the loan.
11. Divisions are responsible for ensuring that all loaned property is returned at the end of the loan term.

D.11 Mission-Related Personal Property Use Agreements (MRPPUA)

1. Government property that is not excess may be loaned for DOE and Berkeley Lab mission-related collaborative partnering in research, studies, and other efforts that result in benefits to the DOE, Berkeley Lab, and the borrowing organization.
2. MRPPUAs may be made for an initial period of one year, and may be renewed in one-year increments.
3. During the term of the MRPPUA, the Borrowing Organization assumes financial responsibility for the property.
4. Property loaned via a MRPPUA is subject to Berkeley Lab inventory requirements and must be returned to Berkeley Lab at the conclusion of the MRPPUA term.
5. The Borrowing Organization is responsible for transport expense of loaned property both leaving from and returning to Berkeley Lab. Berkeley Lab will not procure or retain property for the purpose of making a loan via MRPPUA.
6. Property will not be loaned to consultants for work under a consulting agreement with Berkeley Lab and property shall not be loaned to an individual.
7. All DOE barcode-tagged property listed on active Mission-Related Personal Property Use Agreements will be included in Berkeley Lab’s annual physical inventories for the duration of the term of the MRPPUA.
8. Property Management will perform a high-risk review before any assets leave the custody of the Laboratory.
9. Divisions are required to maintain accurate location information in the PeopleSoft Asset Management (PSAM) system during the life of the MRPPUA.
10. Divisions are responsible for ensuring that all loaned property is returned at the end of the MRPPUA term.

D.12 Export Control Considerations

1. Management of property will adhere to all applicable export control laws, including:
   1. Export Administration Regulations (EAR) administered by the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce (DOC);
   2. International Traffic in Arms Regulations (ITAR) administered by the Directorate of Defense Trade Controls of the U.S. Department of State (DOS);
   3. Sanction regulations administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury (DOT); and
   4. Nuclear-related regulations administered by the Nuclear Regulatory Commission (NRC) and the National Nuclear Security Administration (NNSA) of the Department of Energy (DOE).
   5. Refer to the Export Control Compliance Program Manual for specific requirements.
2. The appropriate export authorization must be secured for export control activities requiring such authorization because noncompliance carries substantial potential criminal and civil penalties for both Berkeley Lab and any personnel involved in the prohibited activity.
3. Suspected or actual violations of any export control laws must be promptly reported to the Export Control Office (ECO), Divisional Export Control Liaison (ECL), or Berkeley Lab's Legal Counsel.
4. Berkeley Lab responds promptly to reports of noncompliance and takes appropriate action when necessary to prevent, correct, or discipline behavior that violates this policy.
5. Management of High-Risk property will adhere to all applicable High-Risk regulations:
   1. High-risk personal property means property that, because of its potential impact on public health and safety, the environment, national security interests, or proliferation concerns, must be controlled and disposed of in other than the routine manner. The categories of high-risk property are automatic data processing equipment, especially designed or prepared property, export-controlled information, export-controlled property, hazardous property, nuclear weapon components or weapon-like components, proliferation-sensitive property, radioactive property, special nuclear material, and unclassified controlled nuclear information.
   2. Once an asset has been defined as “High-Risk” by Property Management, the custodian will be responsible to ensure that adequate safeguards are in place by:

1. 1. 1. Consulting with LBNL’s Export Control office to determine whether a control plan is required.
      2. Consulting with the Property Management Group prior to any custodian or locations changes.
      3. Adhering to the required controls of high-risk property throughout the life cycle of the property.

D.13 Property Movement Records

The removal of tagged property from the Berkeley Lab site may be subject to one or more of the following:

1. Shipping Approvals
   1. Common-Carrier Shipping: Division approval is required in all situations in which property is shipped from the Laboratory via a "common carrier." Property that is identified by a DOE/LBNL barcode tag is subject to additional approval by the Property Management Group. Information about shipping property off-site is available from the Facilities Division Shipping Department.
2. Division Property Pass: Divisions may issue a Property Pass to their employees for off-site use of government property, such as:
   1. Arrangements with suppliers performing Laboratory work if the material will remain in the custody of Laboratory personnel.
   2. Short-term or intermittent use to perform Laboratory work at an off-site location.
   3. Incidental use in connection with authorized attendance at a meeting, seminar, exhibit, or lecture.

Exceptions:

1. Property movement authorization is not required when employees:

1. 1. Carry their Laboratory-issued laptops and cell phones for use away from the Laboratory.
   2. Temporarily remove printed matter for reading and reference.
   3. Take away their personal items.
2. Contracted scrap, IT recyclers, and salvage dealers and refuse services are pre-approved to remove equipment, materials, and garbage from the Laboratory.

D.14 Storage of Property

When it is deemed necessary, personal property may be placed into storage. The primary justifications for placing property into storage are:

1. A known or potential future need exists for the property, Equipment Held for Future Projects (EHFFP).
2. The property being stored is a replacement (spare) for existing property currently in use.

Refer to the Property Management website for procedures on placing personal property into storage.

D.15 Excess Property

Excess Property means property that is no longer required to carry out the DOE’s needs. This section provides Berkeley Lab employees with guidance on excessing government property.

1. When government property is deemed “excess” to the needs of the Property Custodian and the division, the property is sent to Excess & Salvage.  Upon receipt, the property is made available for reutilization to Berkeley Lab employees/divisions, DOE agencies and other federal government contractors, educational institutions, and nonprofit organizations.
2. Equipment, office furnishings, and other material (including software) identified as excess property are handled according to national disposition objectives, which may include redeployment within Berkeley Lab. Equipment for which there is no current or projected need should be forwarded to the Property Management Excess Group after review and clearance by an EH&S Division Liaison.
3. For detailed procedures on how to turn in or reutilize excess property, refer to the Excess Property & Storage page on the Property Management website.
4. Property Management will perform a high-risk review before any assets leave the custody of the Laboratory.

D.16 Property Loss or Damage

1. Reporting Losses: Losses, theft, vandalism, sabotage, or suspected willful destruction of any Laboratory property must be reported within 24 hours of discovery using the Report Lost or Stolen Equipment form. Property thefts occurring off-site must also be immediately reported to police in the jurisdiction where the theft occurred. Losses of Berkeley Lab property and/or damage beyond normal wear and tear must be reported to Property Management upon discovery. Employees must also complete the Request to Retire Personal Property form and submit it to Property Management so that the asset can be removed from inventory.
2. Disciplinary Actions: The custodian will be subject to established disciplinary actions and the Laboratory may impose penalties commensurate with the gravity of an improper, dishonest, or illegal offense. Consequences range from a warning or official reprimand to invoicing a current or former employee for missing or unreturned property, suspension without pay, demotion, or dismissal. Prosecution at the discretion of the U.S. Attorney's Office may result in a fine, imprisonment, or both.

1. The custodian's actions will be defined as gross negligence^* or willful misconduct^* and subject to established disciplinary actions if:

1. 1. 1. The custodian has two lost or stolen Sensitive IT assets within the prior rolling 24 months
      2. The lost/stolen Sensitive IT asset has an acquisition date less than three years from the date of loss

^* For definitions and additional information, see Your Responsibility to Protect Lab Property (June 17, 2020).

D.17 Property Retirement

1. When property is no longer needed, its status should be changed from active to retired. Property Management will determine the correct retirement classification in accordance with the following DOE-established retirement criteria:

1. 1. Abandonment
   2. Asset Created in Error
   3. Cannibalized
   4. Destroyed
   5. Foreign Donation
   6. Incorporated — Larger System
   7. Inventory Loss
   8. Lost
   9. No Longer Controlled
   10. Related Real Property
   11. Return to Vendor
   12. Return Property of Others
   13. Stolen
   14. Trade-in
   15. Transfer
2. Each of these categories is defined in the Request to Retire Personal Property form. The form must be completed and submitted to Property Management for approval.
3. Property Management will perform a high-risk review before any assets leave the custody of the Laboratory.

E. Roles and Responsibilities

Managers, supervisors, and employees have the responsibility to adhere to the provisions of this policy.

F. Definitions/Acronyms

G. Recordkeeping Requirements

None

H. Implementing Documents

I. Contact Information

OCFO Property Manager

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

Contract 31, Clause I.160 DEAR 970.5245-1 Property (Aug 2016) Alternate 1
41 CFR Chapter 102 – Federal Management Regulations
41 CFR Chapter 109 - Department of Energy Property Management Regulations

Implementing Documents