41 CFR § 102-38.105 - Sales proceeds retention.

---
identifier: "/us/cfr/t41/s102-38.105"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "41 CFR § 102-38.105 - Sales proceeds retention."
title_number: 41
title_name: "Public Contracts and Property Management"
section_number: "102-38.105"
section_name: "Sales proceeds retention."
chapter_number: 102
chapter_name: "FEDERAL MANAGEMENT REGULATION"
subchapter_number: "B"
subchapter_name: "PERSONAL PROPERTY"
part_number: "102-38"
part_name: "38—SALE OF PERSONAL PROPERTY"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "40 U.S.C. 121(c); 40 U.S.C. 541 through 548, 571, 573 and 574."
regulatory_source: "90 FR 58454, Dec. 16, 2025, unless otherwise noted."
cfr_part: "102-38"
---


# 102-38.105 Sales proceeds retention.

(a) You may retain that portion of the sales proceeds, in accordance with your agreement with the holding agency, equal to your direct costs and reasonably related indirect costs incurred in selling personal property.

(b) A holding agency may retain that portion of the sales proceeds equal to its costs of care and handling directly related to the sale of personal property.

(c) After accounting for amounts retained under paragraphs (a) and (b) of this section, a holding agency may retain the balance of proceeds from the sale of its agency's personal property when:

(1) It has the statutory authority to retain all proceeds from sales of personal property;

(2) The property sold was acquired with nonappropriated funds;

(3) The property sold was surplus Government property that was in the custody of a contractor or subcontractor, and the contract or subcontract provisions authorize the proceeds of sale to be credited to the price or cost of the contract or subcontract;

(4) The property was sold to obtain replacement property under the exchange/sale authority pursuant to part 102-39 of this subchapter; or

(5) The property sold was related to waste prevention and recycling programs, under the authority of section 706 of Public Law 115-31. Consult your General Counsel or Chief Financial Officer for guidance on use of this authority.