1033 DoD Excess Property

Colorado Department of Defense Excess Property Program (1033)

Department of Defense Excess Property Program (1033): Under Section 1033 of the National Defense Authorization Act of 1997, the Secretary of Defense may transfer to State and Local Agencies property determined suitable for law enforcement activities from the Department of Defense.   Colorado is coordinated by Law Enforcement Support Offices (LESO), and the State 1033 Program Coordinator (as determined by the Governor), the Colorado State Patrol. The Colorado 1033 Program enables Colorado Law Enforcement agencies to participate in this program and acquire DoD excess equipment to support law enforcement activities under the Federal Guidelines 10.U.S.C. 2576a.   All DoD equipment requests for transfer must be submitted to the Colorado State Patrol, Colorado State Point of Contact (SPOC), for approval.   To learn how to participate in the DoD Excess Property program, click here!

1033 Department of Defense Excess Property General Information

1. The following stipulations apply to all equipment provided under the 1033 Program despite type, condition, or source. (Additional stipulations may apply.)

• The equipment is utilized in support of law enforcement operations, providing support to the law enforcement officer on the street. The equipment must directly assist in the execution of his/her primary duties. Requests for equipment for use in counter drug/terrorism activity, receives priority consideration for approval. Fire Departments meeting certain requirements may also qualify for equipment under this program.

• The receiving Law Enforcement Agency (LEA) assumes sole responsibility for all associated legal liabilities and costs.

• It is not the intent of this program for an agency to sell excess Department of Defense (DoD) property to obtain funds; nor to trade excess DoD property for new equipment from a commercial vendor; nor to convert to personal use. Equipment may not be sold, transferred, or disposed of except as directed by DoD and departmental regulations. Equipment no longer needed, will be disposed of according to the laws and regulations governing the disposal of public property for your agency FOLLOWING THE APPROVAL FROM THE SPOC & LESO.

_{*items requiring DEMIL will be identified as such when issued, and require the equipment be returned to a Defense Reutilization and Marketing Office (DRMO) when no longer needed.}

• A LEA CANNOT request equipment for an unauthorized fire department, city/county road maintenance department, school district, etc.

2. There is no comprehensive list of equipment that is available through the DoD, nor are there specific stocks set aside for LEAs. The following are examples of equipment received in the past.

• Aircraft _{^{* Extremely limited quantities.}}
• Radios
• Binoculars
• Rain Gear
• Blankets
• Safes
• Body Armor
  
• Sleeping bags
• Cold-weather Gear
  
• Vehicles
• Computer Components
  
• Weapons
• APC's _{^{* Now available online. Supply is limited}}
• BDU Uniforms _{*Unavailable at this time.}
• Exercise Equipment
• Office Furniture
• Kevlar Helmets _{*Unavailable at this time}
• Ponchos

3. Aircraft and Weapons MUST be requested through the 1033 State Coordinators Office by use of a Request Letter or Form (see Weapons/Aircraft Tab).

4. When requesting DoD equipment support, LEAs must remember that the mission of the Armed Forces is national defense. Therefore, DoD equipment may not be suitable for law enforcement and very little law enforcement peculiar equipment will be available through DoD.

5. The Department of Defense does NOT charge for excess property provided to LEAs. Applicable transportation cost may be applied to some equipment.

6. Most excess equipment is used and some is declared unserviceable for military use. All excess property is provided ‘as is, where is’, without warranty at all. It is the responsibility of the receiving LEA to pick-up, properly operate, service, and maintain the equipment. However, if the equipment at a DRMO is not suitable or serviceable for law enforcement, the LEA does not have to take it.

7. Agencies requesting surplus aircraft must have a functioning aviation operation and demonstrate that they have the resources and capabilities to properly operate, maintain, secure, and insure the aircraft being requested.

8. Approved agencies are permitted to visit a Defense Reutilization and Marketing Office (DRMO), such as Ft Carson, for the purpose of locating the equipment that may assist the law enforcement agency’s operations. Only two (2) persons from the agency will be allowed at the DRMO to screen at any one time with a scheduled appointment. However, up to four (4) persons can be authorized/designated on your agency’s data sheet to screen equipment. The LEA will be required to identify for authorization these individuals as changes occur.

TO PARTICIPATE IN THE COLORADO 1033 PROGRAM, THE FOLLOWING DOCUMENTS NEED TO BE SUBMITTED TO THE 1033 ADMINISTRATOR:

Law Enforcement Agency Application for Participation (LEA AFP)
MOA Agreement Form

Documents submitted initially, LEA AFP annually and within 30 days of any changes.
All letters and agreements must be signed by the current Chief Executive Official
(Sheriff, Police Chief, Chief Marshall, Director, etc.)

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