Okla. Admin. Code § 260:80-1-19

Current through Vol. 42, No. 3, October 15, 2024

Section 260:80-1-19 - Disposition of undistributed property

(a) The Agent shall adhere to provisions of this section to dispose or abandon/destroy property the Agent is unable to distribute to donees. If the Agent determines that items are not usable, the Agent shall provide a signed request to GSA to seek approval to abandon or destroy the items.

(1) The Agent shall list items and advise GSA of reasons the Agent believes the items warrant abandonment or destruction in accordance with 41 CFR102 - 37.320.

(2) The Agent shall provide a description of each item, the condition of the items and the OAC.

(3) The Agent shall advise the method the Agent prefers for abandonment or destruction of the item.

(4) The Agent shall state that the method of abandonment or destruction the Agent prefers shall not pose a detriment or health hazard to other persons, will not cause risk to public safety or infringe on the rights of other persons.

(5) Within 30 calendar days after the Agent issues the request, GSA will approve, disapprove, provide alternate disposition instructions or not respond to the Agent. If GSA does not respond to the agent within 30 calendar days, the agent may abandon or destroy the items.

(6) If the Agent reasonably believes that unusable items may have value as scrap, the agent shall implement a cooperative agreement or adhere to provisions of an executed cooperative agreement with GSA to act as Agent for GSA to affect sale of the scrap items.

(b) If at least nine months after receiving items, the Agent does not distribute the items and the Agent determines that undistributed items are usable, the agent shall adhere to provisions of this Subsection to dispose of the items.

(1) The Agent shall, with GSA approval, offer the items to State Agencies for Surplus Property located within the same GSA region as that of the Agent.

(2) If no State Agency for Surplus Property within the region indicates interest in the property, the Agent may, with GSA approval, offer the property to State Agencies for Surplus Property outside the region.

(3) If another State Agency for Surplus Property requests to acquire the property, subject to GSA approval, the agency and requesting agency shall adhere to provisions of 41 CFR 102 - 37.295 to facilitate transfer of the items.

(4) The Agent may recoup costs the Agent incurred for the transfer or sale of items from the requesting State Agency for Surplus Property pursuant to provisions of 41 CFR 102 - 37.315.

(5) The Agent, with GSA approval, will transfer to other Federal agencies or sell undistributed property to donees in accordance with Section 260:80-1-13.

(6) The Agent shall adhere to provisions of 41 CFR 102 - 37.290 through 41 CFR 102-37.310 for disposal of usable undistributed items that another State Agency for Surplus Property does not want. The Agent may recoup disposal expenses pursuant to 41 CFR 102 - 37.315.

Okla. Admin. Code § 260:80-1-19

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014