Section 0690-02-01-.20 - ALTERNATIVE PROCEDURES FOR THE DISPOSAL OF SPECIFIC ITEMS OF SURPLUS PERSONAL PROPERTY(1) The following procedures shall be followed when rules .17, .18, or .19 are considered by officials of the department having jurisdiction over the producing facility not to be applicable or practicable for the disposal of a specific product or commodity:(a) The head of the department having jurisdiction over the producing facility shall submit in writing to the Commissioner of the Department of General Services a statement setting forth the reason or reasons why rules .17, .18, or .19 are not considered to be applicable or practicable for the disposal of the specific item of surplus personal property, and request that alternative procedures be approved.(b) If the request is approved, the department head submitting the request shall submit to the Commissioner of the Department of General Services proposed procedures for the disposal of the specific item of personal property.(c) The Commissioner of General Services shall review the proposed procedures, modify such procedures as he deems necessary, or propose additional alternative procedures for the disposal of the specific item. The proposed procedures shall then be submitted to the Board of Standards for approval.(d) The alternative procedures, when approved by the Board of Standards, shall be maintained on file in the Department of General Services for use by other state agencies for disposal of the same or similar items of state surplus personal property.(e) The alternative procedures shall be procedures authorized by Title 12, Chapter 2, Tennessee Code Annotated.(2) The following procedures shall be followed for the disposal of objects in the collection of the Tennessee State Museum, which shall be exempt from other rules of this chapter except .08.(a) The Chief Curator of the Museum shall recommend to the Director of the Museum objects suitable for deaccessioning and disposal. The Registrar of the Museum shall complete a Deaccession Certification form (GS-0674) for each object or lot of like objects which is to be deaccessed. This form will include an estimate of the value of each object or lot of like objects, and the source of the evaluation.(b) The Director of the Museum shall recommend the objects to the Board of Standards for review and determination of the following:1. Whether or not it is desirable to dispose of the recommended objects;2. What means of disposal shall be used;3. What minimum valuation, if any, shall be set as the price for which each object or lot of like objects shall be disposed, or whether the other possible terms of disposal not involving price are satisfactory.(c) The Board of Standards shall be required to approve or disapprove the Deaccession Certification and shall note the terms under which approval is given.(d) No object may be disposed of except by one of the following methods: 1. Gift to educational institutions and museums which are not for profit, and to governmental units; to donors of the objects, or their heirs or assigns.2. Exchange with individuals, publicly funded or eleemosynary institutions, and/or governmental units.3. Negotiated sale with publicly funded or eleemosynary institutions and/or governmental units.4. Public auction, publicly advertised and held, or consignment for sale at an auction house.5. Sale under sealed bids, publicly advertised, opened, and recorded.6. Sale in the Tennessee State Museum's gift shop.(e) Notice of intended disposal by public auction or sale under sealed bid shall be entered by the Director of the Museum in at least one (1) newspaper of general circulation within the county in which the objects are to be sold. Such notice(s) shall specify and reasonably describe the property to be disposed of, the date, time, place, manner, and condition of disposal, all as previously determined by the Board of Standards. The advertisement(s) shall be entered in the public notice or equivalent section of the newspaper(s) and shall run not less than three (3) times. Other advertisements and/or notices may be published or circulated if requested on the Deaccession Certification and approved by the Board of Standards or if required by the Board of Standards.(f) Copies of all documents shall be forwarded to the State Surplus Property Section of the Department of General Services. These shall include but not be limited to the following: 1. Copies of invitation to bid which were mailed.2. A copy of each bid received.3. A signed copy of the form on which bids were recorded.4. A copy of notice to successful bidder.5. A certificate of receipt of property showing the number of objects purchased, donated or exchanged, the purchase price or other consideration, and the date removed from State property. This certificate shall be signed by the purchaser and the State representative releasing the property.6. Copy of any negotiated contracts.7. Copy of gift shop receipts.8. Any other documents or information pertinent to the disposal.Tenn. Comp. R. & Regs. 0690-02-01-.20
Original rule filed April 20, 1978; effective July 14, 1978. Amendment filed November 26, 1982; effective February 14, 1983.Authority: T.C.A. §§12-235 though 12-248 and Public Acts of 1976, Chapter 821.