N.Y. Comp. Codes R. & Regs. tit. 9 § 298.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 298.6 - Terms and conditions on donable property

(a)

(1) The SASP will require each eligible donee, as a condition of eligibility, to file with the agency the appropriate application, a certification of eligibility and an agreement to abide by certain terms and conditions as set forth by the GSA. Each form must be signed by the chief executive officer of the donee, agreeing to these requirements prior to the donation of any surplus property.

(2) In addition, the certification of eligibility and terms and conditions will be printed on the reverse side of each, executed to cover each donation transaction and signed by an authorized representative of the donee (forms CS 403 and CS 404).

(3) The following periods of restriction are established by the SASP on all items of property with a unit acquisition cost of $5,000 or more, and on all passenger vehicles:

(i) passenger vehicles-18 months from the date the property is placed in use;

(ii) items with a unit acquisition cost of $5,000 or more -18 months from the date the property is placed in use;

(iii) aircraft (except combat type) and vessels (50 feet or more in length) - 60 months from the date the property is placed in use. Donation of noncombat aircraft and vessels of 50' or more in length shall be subject to the requirements of a Conditional Transfer Document (CTD);

(iv) aircraft (combat type) restricted in perpetuity. Donation of combat-type aircraft shall be subject to the requirements of a conditional transfer document (form CS 408).

(4) The SASP will impose or reinforce any and all conditions involving special handling or use limitations set by the GSA due to the characteristics of the property regardless of the unit acquisition cost.

(5) The SASP, at its discretion, and when considered appropriate, may impose additional terms, conditions, reservations and restrictions as it deems reasonable on the use of donable property beyond what GSA and the FMR requires .

(6) The SASP will impose on all donees the statutory requirement that all items donated must be placed into use or, if the property ceases to be used for a full year and the property is still usable, the property must be returned to the SASP or otherwise transferred as the SASP shall direct.

(b)

(1) The SASP must seek GSA's approval to amend, modify, or grant releases of, any term, condition, reservation or restriction it has imposed on donated items of personal property which is mandated by GSA or the FMR. The SASP may amend, modify, or grant release of, any item, any "additional" conditions, reservations or restrictions which the SASP has imposed above and beyond what GSA or the FMR requires.

(c) Restrictions on Property. The SASP may amend or grant releases, during the period of restriction, from any "additional" SASP imposed terms, conditions, reservations or restrictions the SASP has imposed on donated property, in accordance with the following standards, provided that the conditions pertinent to each situation have been affirmatively demonstrated to the satisfaction of the SASP, and have been made a matter of public record.

(1) Secondary Utilization or Cannibalization. Secondary utilization or cannibalization may be accomplished, provided that:

(i) disassembly of the item, for use of its component parts for secondary use or repair and maintenance of a similar item, has greater potential benefit than utilization of the item in its existing form;

(ii) components with a single item acquisition cost of $5,000 or more will remain under the restrictions imposed by the transfer document. Components with a single item acquisition cost of less than $5,000 will be released from the restrictions imposed by the transfer document. All components, regardless of acquisition cost will continue to be used or be otherwise disposed of in accordance with applicable law and regulations;

(iii) a written report of such action is made by the donee to the SASP, including a list of all components, resulting from the secondary utilization or cannibalization.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 298.6

Amended New York State Register September 23, 2015/Volume XXXVII, Issue 38, eff.9/23/2015