DAOD 3013-1, Disposal of Surplus Materiel
Identification
Date of Issue: 2012-02-28
Application: This DAOD is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Forces (CF members).
Supersession: CFAO 36-53, Materiel Disposal
Approval Authority: Assistant Deputy Minister (Materiel) (ADM(Mat))
Enquiries:
- Director Disposal, Sales, Artifacts and Loans (DDSAL)
- Director Materiel Policy and Procedures (DMPP)
Definitions
- Centrally-managed materiel (matériel géré au niveau central)
- Has the same meaning as in DAOD 3013-0, Surplus Materiel.
- Controlled goods (marchandises contrôlées)
- Has the same meaning as in DAOD 3003-0, Controlled Goods.
- Disposal client (client de l’aliénation)
- The person in a designated position who is responsible for conducting a disposal project or the disposal of surplus materiel, including the carrying out all activities required to dispose of the surplus materiel.
- Disposal manager (gestionnaire de l’aliénation)
- The person in a designated position who is responsible for managing a disposal project or the disposal of surplus materiel, including the overseeing of all activities required to dispose of surplus materiel and the provision of assistance to the disposal client in planning the disposal of surplus materiel in accordance with policies, instructions and procedures.
- Disposal project (projet d’aliénation)
- The process of planning, managing and executing the disposal of surplus materiel.
- Fair market value (juste valeur marchande)
- The optimum retail value of surplus materiel as determined by prevailing market conditions.
- Locally-managed materiel (matériel géré au niveau local)
- Has the same meaning as in DAOD 3013-0, Surplus Materiel.
- Major support system (système de soutien principal)
- Has the same meaning as in DAOD 3013-0, Surplus Materiel.
- Major weapon system (système d’arme principal)
- Has the same meaning as in DAOD 3013-0, Surplus Materiel.
- Materiel managed by a level one advisor (matériel géré au niveau du conseiller de niveau un)
- Has the same meaning as in DAOD 3013-0, Surplus Materiel.
- Military artefact (artéfact militaire)
- Any military pattern equipment or other materiel preserved for display by a museum, base, unit or other organization or as a monument.
- Minor nationally-managed materiel (matériel accessoire géré au niveau national)
- Has the same meaning as in DAOD 3013-0, Surplus Materiel.
- Other government department (autre ministère)
- A department as this term is defined in section 2 of the Financial Administration Act, other than DND.
- Salvage rights (droit de récupération)
- The rights to recover a DND wreck.
- Surplus materiel (matériel excédentaire)
- Has the same meaning as in DAOD 3013-0, Surplus Materiel.
Abbreviations
Table of Abbreviations
This DAOD contains the following abbreviations:
| Abbreviation | Complete Word or Phrase |
|---|---|
| ADM(Mat) | Assistant Deputy Minister (Materiel) |
| CADC | Crown Assets Distribution Centre |
| CADD | Crown Assets Distribution Directorate |
| CFRN | Canadian Forces Registration Number |
| CFSP | Computers for Schools Program |
| CO | commanding officer |
| CTAT | Controlled Technology Access Transfer |
| DDSAL | Director Disposal, Sales, Artifacts and Loans |
| DGAEPM | Director General Aerospace Equipment Program Management |
| DGIIP | Director General International and Industry Programs |
| DGLEPM | Director General Land Equipment Program Management |
| DGMEPM | Director General Maritime Equipment Program Management |
| DGMSSC | Director General Materiel Systems and Supply Chain |
| DG Proc Svcs | Director General Procurement Services |
| DIL Proc | Director Integrated Logistics and Procurement |
| DMPAP | Director Military Pay and Accounts Processing |
| DMPP | Director Materiel Policy and Procedures |
| DRMIS | Defence Resource Management Information System |
| DSCO | Director Supply Chain Operations |
| DSVPM | Director Support Vehicles Program Management |
| ECS | environmental chief of staff |
| EPM | equipment program management/manager |
| FAM | Financial Administration Manual |
| HAZMAT | hazardous material |
| ITAR | International Traffic in Arms Regulations |
| L1 advisor | level one advisor |
| LCMM | life cycle materiel manager |
| MND | Minister of National Defence |
| NLSE | NATO Logistics Stock Exchange |
| NMSO | National Master Standing Offer |
| OGD | other government department |
| PWGSC | Public Works and Government Services Canada |
| US | United States of America |
| VCDS | Vice Chief of the Defence Staff |
Overview
Context
Under section 2 of the National Defence Act, materiel consists of all public property, other than real property, immovables and money, provided for the CF or for any other purpose under that Act, and includes any vessel, vehicle, aircraft, animal, missile, arms, ammunition, clothing, stores, provisions or equipment.
The DND and the CF may dispose of surplus materiel using any of the following methods:
- alternative application;
- sale at fair market value;
- sale to a limited market or sale at less than fair market value;
- trade-in at fair market value;
- donation;
- destruction;
- transfer to an OGD (see the DAOD 3017 series);
- gratuitous transfer;
- transfer to Industry Canada for the CFSP; or
- NLSE.
Special considerations are taken into account in respect of the disposal of any of following surplus materiel:
- commercial pattern vehicles;
- warlike materiel for sale to the private sector;
- US or other foreign-origin surplus materiel;
- surplus books;
- controlled goods (see the DAOD 3003 series);
- surplus materiel on deployed operations;
- surplus materiel requested for military assistance;
- military artifacts;
- surplus materiel with salvage rights, intellectual property rights or demilitarization requirements; or
- HAZMAT.
PWGSC Disposal Organizations
In this DAOD:
- CADD is the headquarters of the PWGSC disposal service; and
- CADCs are the regional distribution centres of the PWGSC disposal service.
Operating Principles
Disposal Project Management
The Disposal Project Management Table approved by ADM(Mat) sets out the management process for the disposal of centrally-managed and locally-managed materiel and identifies the persons who may act as:
- an authority to declare surplus;
- a disposal plan authority;
- a disposal manager;
- a disposal client; and
- a materiel manager.
The Disposal Project Management Table is available in the Disposal of Surplus Materiel Guidance.
General Tasks
See the Canadian Forces Supply Manual, Volume 3, Chapter 10, for step-by-step procedures for the disposal of surplus materiel. The following table describes the general tasks normally involved in the disposal of surplus materiel, other than for a major disposal project:
| Who? | Tasks |
|---|---|
authority to declare surplus |
|
materiel manager as the EPM or LCMM
|
|
disposal manager as the EPM or LCMM |
|
disposal client |
|
CADD |
As required:
|
DMPAP |
|
Process for a Major Disposal Project
The following table describes the process normally to be used for a major disposal project involving a major support system or major weapon system:
| Step | Description | Who? | Tasks |
|---|---|---|---|
1 |
Identification of surplus materiel |
ECS |
|
| materiel manager as the EPM or LCMM |
|
||
disposal client |
|
||
2 |
Declaration of surplus materiel approval |
materiel manager |
|
disposal client |
|
||
VCDS |
|
||
| 3 | Disposal plan and briefing note |
disposal manager |
|
disposal client |
|
||
materiel manager |
|
||
4 |
Disposal |
disposal manager |
|
disposal client |
|
||
CADD |
As required:
|
||
DMPAP |
|
Methods of Disposal
General
To ensure that the best overall outcome for the Government of Canada is achieved for the disposal of surplus materiel, the DND and the CF shall fully comply with the requirements set out in the Directive on Disposal of Surplus Materiel of the Treasury Board.
Alternative Applications
For a major support system or major weapon system to be declared surplus materiel, only the following alternative applications may be considered:
- test establishment requirements;
- monuments for the CF and federal museums;
- training aids; and
- hard targets.
Note – A major support system or major weapon system declared to be surplus materiel may only be retained in exceptional circumstances with the approval of the VCDS.
For other surplus materiel, the following alternative applications may be considered:
- use as:
- mobilization stocks;
- monuments;
- training aids;
- hard targets; or
- military artifacts; or
- distribution to:
- test establishments;
- the Reserve Force; or
- cadet units.
If considering alternative applications, the loss of potential revenue generated through the normal disposal process and the cost of retaining the materiel in the CF inventory shall be considered.
Sale at Fair Market Value
If cost effective, the sale at fair market value of surplus materiel is the preferred method of disposal as follows:
- if there is an existing CADC contract for disposal services, its use is mandatory and the disposal client may liaise directly with disposal contractors; or
- if there is no existing CADC contract, the disposal client shall contact:
- the supporting CADC office to initiate the contracting process; and
- the DDSAL for advice if in a given geographical area, or for a specific surplus materiel, a disposal contract is not practical or economical.
Sales of this nature may be subject to transfer or other restrictions under:
- the Defence Production Act;
- the Controlled Goods Regulations;
- the ITAR; or
- other foreign government law.
Sale to a Limited Market or Sale at Less than Fair Market Value
If in the public interest, surplus materiel may be sold to a limited market or at a less than fair market value to the recipients set out in the Donations block. In which case, the surplus materiel may be made available for sale on a competitive basis to these recipients before the bidding process is opened to the general public. This method of disposal normally involves additional administrative expense and results in selling prices lower than fair market value due to the restricted number of bidders.
The decision to pursue this disposal method is made on a case-by-case basis and the approval by or on behalf of the MND is required.
Sales of this nature are processed through a CADC.
Sales of this nature may be subject to transfer or other restrictions under:
- the Defence Production Act;
- the Controlled Goods Regulations;
- the ITAR; or
- other foreign government law.
Trade-in at Fair Market Value
A disposal client may choose to arrange for a trade-in of surplus materiel at a fair market value. A trade-in may only be conducted with a valid contract.
When trading-in surplus materiel for which procurement through a standing offer is not mandatory, the DND and the CF shall ensure that trade-ins are transacted as an integral part of the contract for replacement materiel.
Since trade-ins are part of the procurement process, all staffing shall be conducted through the appropriate procurement office. The credit obtained for the materiel subject to trade-in shall reflect fair market value.
Trade-ins of a major support system or major weapons system shall be identified in divestment and disposal plans.
Trade-ins may be subject to transfer or other restrictions under:
- the Defence Production Act;
- the Controlled Goods Regulations;
- the ITAR; or
- other foreign government law.
Donation
Surplus materiel with marketable value is not normally donated unless the donation is deemed to be in the:
- public interest; or
- interest of preserving or recognizing Canadian military heritage.
Surplus materiel may also be donated as a cost-avoidance measure (i.e. the cost of disposal would exceed the revenue that would be generated through the sale of the surplus materiel). For this type of donation, recipients are limited to recognized charitable or non-profit organizations.
Donations may be subject to transfer or other restrictions under:
- the Defence Production Act;
- the Controlled Goods Regulations;
- the ITAR; or
- other foreign government law.
The staffing of a proposed donation to the applicable disposal plan authority and the DDSAL is the responsibility of the office recommending the donation. All donations shall be approved prior to the donation being made.
Note – Surplus food donations are addressed in A-85-269-001/FP-001, Food Services Manual.Destruction
If practical and cost effective, the preferred method of destruction of surplus materiel is:
- destruction in its entirety; or
- conversion to scrap for sale through a CADC.
Transfer to OGDs
As a method of disposal, transfer to an OGD may be considered. See the DAOD 3017 series for additional information on the transfer of materiel to OGDs.
Gratuitous Transfer
A gratuitous transfer may be considered as a cost avoidance measure (i.e. the cost of disposal would exceed the revenue that would be generated through the sale of the surplus materiel) to an organization listed in the Directive on Disposal of Surplus Materiel.
Transfer to Industry Canada for the CFSP
The DND and the CF shall offer right of first refusal to the CFSP of Industry Canada for the following:
- all personal computers with MS-DOS, Windows or Macintosh operating systems;
- associated monitors, keyboards, mice, printers, modems, servers, hubs and network cards; and
- any related materiel which becomes surplus to DND and CF requirements, and has not been designated as controlled goods under the Defence Production Act.
The DND and the CF are:
- not authorized to sell, trade, donate or otherwise dispose of surplus computer materiel prior to the making of an offer to the CFSP; and
- remain responsible for the disposal of any materiel that is not accepted by the CFSP.
The CFSP carefully monitors and records the configuration of incoming computers. Surplus computers are not to be cannibalized or otherwise rendered unusable prior to transfer. The practice of removing hard drives, random access memory or other essential components from computers before transferring them should only be done as required for controlled goods or to meet security requirements.
Note – This block does not apply to mainframe computers.
NATO Logistics Stock Exchange
The NLSE (formerly known as Stock Holding and Asset Requirements Exchange and Common Item Materiel Management) permits the:
- procurement and sale of spare parts; and
- exchange of items and reduction of in-country holdings and management of items.
Special Considerations
Commercial Pattern Vehicles
The following table describes the disposal process for commercial pattern vehicles:
| Who? | Tasks |
|---|---|
DSVPM |
|
a PWGSC authorized private sector marketing representative |
|
DDSAL |
|
Warlike Materiel for Sale to the Private Sector
For security reasons, the sale of warlike materiel to the private sector is considered on a case by case basis at the discretion of the ADM(Mat) in accordance with the Directive on Disposal of Surplus Materiel. Subject to any necessary transfer approvals or other conditions prescribed by the materiel disposal authority or the party that holds the design rights to such materiel, the sale of surplus warlike materiel in serviceable or repairable condition for its originally intended purpose is generally limited to:
- the original manufacturer;
- a bona-fide manufacturer; or
- another authorized purchaser.
Surplus Materiel of US Origin
Some materiel used by the CF is controlled technology of US origin. The US Department of State regulates this materiel in accordance with the ITAR which:
- restricts the transfer by sale, donation, loan or other disposition to third parties; and
- necessitates the prior transfer approval of the Department of State.
For a major disposal project, any request for Department of State approval to transfer materiel to a third party is staffed by the DDSAL. All other transfer requests for Department of State approval are staffed by the CTAT Office or PWGSC (Washington).
Note – Obtaining approval may take several months.
Surplus Books
The DND and the CF shall place all surplus books in Canada in the care or custody of the Librarian and Archivist of Canada.
Controlled Goods
The Defence Production Act and Controlled Goods Regulations restrict the sale to authorized third parties of controlled goods that are declared to be surplus materiel. If authorized third parties cannot be found, the affected surplus materiel is demilitarized.
In addition to foreign-origin materiel, certain other materiel may also require the prior approval of a foreign government for the transfer of the materiel to a third party.
The advice of the CTAT Office shall be solicited before a request for approval to transfer such materiel to a third party is staffed to the applicable foreign government.
Note – Obtaining approval may take several months.
Surplus Materiel on Deployed Operations
If practical, the CADD puts in place disposal arrangements for use by units and contingents on deployed operations.
If it is not practical, a contingent commander shall request authorization from the appropriate disposal plan authority, in accordance with A-FN-100-002/AG-006, to make arrangements for in-theatre disposal in accordance with the Disposal of Surplus Materiel Guidance, Annex I, Disposal Instructions for Deployed Operations. In these instances, the advice and assistance of the DDSAL shall be solicited.
Sales, transfers, donations and gratuitous transfers are transfers and may be subject to restrictions under the Controlled Goods Regulations. A contingent commander shall submit transfer requests to the DDSAL.
Foreign Military Request for Surplus Materiel
If supported by a materiel disposal authority, a request by a foreign military for the gratuitous provision of surplus CF materiel shall be:
- staffed in a manner similar to a donation; and
- reviewed by the DGIIP.
Military Artifacts
The heritage value of surplus materiel shall be taken into account prior to initiating disposal action. Following the satisfaction of museum, base and unit requirements, remaining materiel suitable for display shall be made available for sale through a CADC to external organizations on a competitive basis. Bidding shall initially be restricted to the following organizations:
- museums;
- the Royal Canadian Legion and its branches;
- associations of veterans;
- municipal governments; and
- non-profit and community service organizations.
Military artifacts of a lethal nature provided to CF or federal museums may remain in operable or restorable condition. Military artifacts sold or donated to external organizations shall be partially demilitarized and rendered inoperable. In addition, the recipient shall sign an end-use certificate stating that:
- the materiel shall remain in an inoperable state; and
- transfer to a third party is not permitted without the prior written approval of the MND.
Surplus Materiel with Salvage Rights
Public requests to obtain salvage rights to materiel found on Canadian soil are processed through a CADC. Requests from OGDs are processed through the DDSAL.
Responsibilities
Responsibility Table
The following table identifies the responsibilities associated with this DAOD:
| The … | is or are responsible for … |
|---|---|
Assistant Deputy Minister (Finance and Corporate Services) |
|
L1 advisors and materiel managers |
|
DGIIP – CTAT Office |
|
DGMSSC |
|
DGAEPM, DGLEPM and DGMEPM materiel managers |
|
DG Proc Svcs |
|
base, wing, station, contingent and depot commanders, unit COs and materiel managers |
|
DSCO |
|
DDSAL |
|
DSVPM |
|
DMPP |
|
References
Source References
- Defence Production Act
- Export and Import Permits Act
- Federal Real Property and Federal Immovables Act
- Financial Administration Act
- National Defence Act
- Surplus Crown Assets Act
- Directive on Disposal of Surplus Materiel, Treasury Board
- DAOD 3013-0, Surplus Materiel
- A-LM-007-014/AG-001, Canadian Forces Supply Manual
Related References
- Controlled Goods Regulations
- DAOD 3003-0, Controlled Goods
- DAOD 3003-1, Management, Security and Access Requirements Relating to Controlled Goods
- DAOD 3008-0, Intellectual property
- DAOD 3017-0, Transfer of Materiel to Other Government Departments
- DAOD 3017-1, Management of the Transfer of Materiel to Other Government Departments
- CFAO 27-10, Artifacts and Memorabilia – Non-Public Property
- Financial Administration Manual, Chapter 1019-2, Accounting for the Disposal of Surplus Assets and the Return of Proceeds from the Disposal of Surplus Assets
- A-AD-266-000/AG-001, Canadian Forces Museums – Operations and Administration (available in paper copy only)
- A-FN-100-002/AG-006, Delegation of Authorities for Financial Administration for the Department of National Defence (DND) and the Canadian Forces (CF)
- A-LM-158-005/AG-001, Transportation Manual (available in paper copy only)
- A-85-269-001/FP-001, Food Services Manual
- ADM(Mat) Disposal of Surplus Materiel Guidance
- International Traffic in Arms Regulations, United States Department of State (available in English only)
