Okla. Admin. Code § 595:1-15-4

Current through Vol. 42, No. 4, November 1, 2024

Section 595:1-15-4 - Auction of surplus and forfeited property

(a)General. All auctions are open to the public. Any person or agency may purchase surplus or forfeited property at an auction conducted by the Department. The Department may conduct any auction exclusively on its website, or contract with a third-party vendor to conduct an auction on its behalf, or conduct an auction in conjunction with the Office of Management and Enterprise Services in accordance with State surplus procedures.

(b)Limitations.

(1)Property is considered obligated. When surplus and forfeited property has been determined by the Department to be included in an auction and has been obligated as such, no person or agency may request to purchase, nor will the Department sell, any of that property outside of the auction.

(2)Property reserved for sale to agencies. Surplus equipment may be reserved for sale only to agencies.

(3)Property withdrawn from auction. Notwithstanding any prior notice or published list of property to be sold at auction, vehicles, vessels, and motors which have been tampered with will be withdrawn from the auction.

(4)Property not sold. Any unsold surplus or forfeited property may be held by the Department to be sold at a subsequent auction conducted by the Department.

(c)Information regarding surplus and forfeited property to be auctioned.

(1)Auction dates. The Department shall determine auction dates as needed from time to time to dispose of surplus and forfeited property.

(2)Notice of auction. Notice to the public of an auction to be conducted by the will be by publication in newspapers throughout Oklahoma. However, announcements made the day of the sale supercede any prior terms stated in such publications. Any interested party may contact the Director regarding the auction dates.

(3)Contact. The Director may be contacted by:

(A) Telephone: (405) 425-2122

(B) Mail: Department of Public Safety, Director of Transportation, P.O. Box 11415, Oklahoma City, OK 73136-0415.

(C) Fax: (405) 425-2304

(4)Viewing surplus and forfeited property. Surplus and forfeited property which is to be auctioned may be viewed from 12 p.m. (noon) until 2:00 p.m. on the day of the auction at the location published in the notice of auction.

(d)Participation in an auction. Any person or agency wishing to bid at an auction must register to bid on the day of the auction. A unique bidder's registration number will be assigned to each registrant. No person or agency may bid unless the person or agency has registered and been issued a bidder's registration number.

(e)Pricing. As in any auction, prices are dependent upon the condition of and the interest in each particular property for sale. However, the Department reserves the right to set a minimum bid. In addition, the auctioneer reserves the right to reject any or all bids.

(f)Payment.

(1)Payment to be made at auction. Successful bidders shall appear before the cashier at the auction and make payment-in-full of the successful bid price, plus sales tax if applicable, or make arrangements for payment-in-full with the Director of Finance of the Department or the Director's designee. Proper identification will be required. Property will not be released by the Department to the successful bidder until payment-in-full is confirmed. Failure to appear at the cashier may result in the Department nullifying the successful bid and in the loss of right to the property by the successful bidder.

(2)Form of payment from a person. Acceptable forms of payment from any person are:

(A) Cash.

(B) Personal or business check accompanied by a notarized letter of credit from the financial institution's president or vice president guaranteeing funds are available in the account to cover the check.

(C) Cashier's check.

(E) Personal or business check not accompanied by a notarized letter of credit [see (g)(6) of this Section regarding release of property].

(3)Forms of payment from an agency. Acceptable forms of payment from an agency are:

(A) Agency purchase order. The purchase order shall be on a form adopted by the purchasing agency and signed by an agency employee authorized to do so.

(B) Agency check, claim, or warrant.

(g)Terms of sale.

(1) Surplus and forfeited property is sold "as is - where is" with no warranty implied or given by the Department.

(2) Surplus and forfeited property which has been purchased cannot be returned to the Department.

(3) If requested, the Department will provide the successful bidder with invoice. The Department will provide the purchaser with a receipt upon payment. If the surplus or forfeited property purchased is or includes a vehicle, vessel, or motor, the Department will also provide the title to the vehicle, vessel, or motor. For an operable vehicle, the Department will provide a letter which will give authority for the purchaser to drive the vehicle from the Department to another location without a license plate [47 O.S. § 1132(B)]. No title will be provided until payment-in-full is confirmed. The purchaser is responsible for transfer of title of any vehicle, vessel, or motor purchased.

(4) All sales will be transacted in good faith. Payment-in-full on an agency's purchase order is due within forty-five (45) days of the sale. Failure to pay authorizes the Department to repossess any surplus or forfeited property for which the payment-in-full has not been received.

(5) Prior to sale, all identifying decals and insignias on a patrol vehicle will be removed by the Department. No patrol vehicle shall be sold with the intent that the vehicle represent the Oklahoma Highway Patrol.

(6) Surplus or forfeited property paid for by personal or business check without an accompanying notarized letter of credit will not be released until the check has cleared the financial institution on which it is drawn. To obtain earlier release of the property, a personal or business check may be replaced with another form of payment, as described in (f)(2)(A) through (f)(2)(D) of this Section, presented at the Finance Division of the Department during regular business hours (8am to 4:30pm) on the business day immediately following the auction.

(7) Sales tax will be charged, as applicable and required by law, and collected from the successful bidder on any surplus or forfeited property purchased.

(8) Any surplus or forfeited property purchased shall be picked up within forty-eight (48) hours after confirmation of payment unless other arrangements have been made with the Director. If the property is not picked up as required by this paragraph, the property may be impounded by the Department. The purchaser shall be responsible for any towing and/or storage fees associated with the impoundment of any vehicle or vessel.

(9) The Director will be the final authority in resolving any discrepancy, dispute, or financial arrangement.

(h)Transportation of vessels and inoperable vehicles. The purchaser shall be responsible for safe removal and transportation of any vessel or inoperable vehicle.

(i)Third party vendors. The Department may contract, in accordance with the Central Purchasing Act, with third party vendors to conduct auctions of surplus and forfeited property on its behalf. The third-party vendor, in accordance with the contract with the Department, will set the terms of the auction with regard to:

(1) Dates and times of auction;

(2) Notification of the auction;

(3) Viewing property offered at the auction;

(4) Payment terms;

(5) Terms of sale.

Okla. Admin. Code § 595:1-15-4

Added at 19 Ok Reg 243, eff 10-30-01 (emergency); Added at 19 Ok Reg 2683, eff 7-15-02

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

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022