Section 0690-02-01-.03 - METHODS OF DISPOSAL(1) No article of personal property may be disposed of as surplus except by one of the following methods:(a) Trade-in, where such is permitted due to the nature of the property or equipment and under the terms and conditions of the contract by which the State replaces the property and subject further to the provisions of TCA §§ 12-2-401 through 12-2-419 and the rules of this chapter;(b) Transfer to other State agencies which may be able to utilize the property;(c) Sale to eligible political subdivisions of the State or other governmental entities, nonprofit volunteer fire, police, and rescue organizations operating for a public purpose, and eligible corporations organized and conducted not for profit whose chartered activities are related to health and/or education, in accordance with Rule 0690-2-2-.14 of this chapter and subject to the restrictions of TCA § 12-2-407;(d) Public auction, publicly advertised and held;(e) Sale under sealed bids, publicly advertised, opened, and recorded;(f) Sale by Internet auction; or(g) Negotiated contract for sale, at arms length, but only in those instances in which the availability of the property is recurring or repetitive in character, such as marketable waste products, for disposal of the property as it is generated in the most economically feasible, fiscally sound, and administratively practicable method for the State to utilize.(2) Firearms, ammunition, and other explosives shall be disposed of in accordance with Federal regulations governing the disposal of such property by the following methods:(a) By trade-in on replacement purchases, and in accordance with rule .03 (1)(a) of this chapter.(b) By sale under sealed bids to licensed dealers only as follows:1. Licensed dealers shall be notified of sale by circularization from mailing list developed pursuant to provision of rule .06 (2) of this chapter. Notices shall be delivered by mail to all prospective purchasers appearing on the mailing list, except that it is not necessary to deliver notices to more than 15 firms or individuals.2. Sealed bids shall be publicly opened and recorded twelve (12) days after notices are mailed, excluding Saturdays, Sundays, and holidays.3. Sale shall be made to the bidder offering the highest price for each specified lot as defined in the invitation to bid.(c) By internet auction sale to licensed dealers in the manner prescribed in rule 0690-2-1.06 Advertisement and Notice.(d) Any provision of this rule shall be waived to the extent that it may be in conflict with applicable Federal regulations.(3) The Department having jurisdiction over the producing facility is designated as the agent for the disposal of waste products, forestry products, agricultural products, and livestock. Policies and procedures to be followed in the disposal of such products are set in rules .17 through .20.(4) Objects within the collection of the Tennessee State Museum shall be disposed of in accordance with rule .20 (2).Tenn. Comp. R. & Regs. 0690-02-01-.03
Original rule filed April 20, 1978; effective July 14, 1978. Amendment filed March 29, 1979; effective June 29, 1979. Amendment filed April 30, 1982; effective July 29, 1982. Amendment filed November 26, 1982; effective February 14, 1983. Amendment filed April 1, 1987; effective July 29, 1987. Amendment filed April 30, 2002; effective August 28, 2002. Amendment filed January 25, 2008; effective April 9, 2008.Authority: T.C.A. §§12-241 through 12-248, 12-2-401, 12-2-403, 12-2-403(b), 12-2-406, 12-2-409 through 12-2-417, Public Acts of 1976, Chapter 821, and Public Acts of 2001, Chapter 90.