Section Adm 613.07 - General Provisions(a) Pursuant to 41 CFR 102-37.450 (a), all property acquired by a donee under the federal surplus property program shall be transferred and accepted on an "as is and where is" basis, without warranty of any kind.(b) Pursuant to 41 CFR 102-37.450 (a), a donee of property under the federal surplus distribution program shall hold the state and federal governments harmless from any and all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to the donation of the property, its use, or final disposition.(c) In accordance with 41 CFR 102-37.205 (b), a donee shall take conditional title to, and all responsibility and liability for, the acquired property when the donee executes the required certifications and agreements and takes possession of the property.(d) Unless another period is provided for in these rules or 41 CFR 102-37, property obtained under the federal surplus property program shall be put into use for the purposes for which it was acquired within one year of receipt and shall continue to be used for such purposes for one year from the date the property was placed in use.(e) Pursuant to 41 CFR 102-37.450 (f), property obtained under the federal surplus property program shall be used for an authorized purpose during the period of restriction.(f) Pursuant to 41 CFR 102-37.450 (b), if the section determines that property held by a donee is still usable, the donee shall return, at its own expense, any donated property that:(1) Is not placed in use for the purposes for which it was donated within one year of donation; and(2) Ceases to be used for the purposes for which it was donated within one year after being placed in use.(g) Except in the case of items acquired by service education activities, passenger vehicles and other items with a unit acquisition cost of $5,000 or more shall: (1) Be used only for the purpose for which they were acquired and no other purpose;(2) Be put into use for the purposes for which it was acquired within one year of receipt; and(3) Unless a further period of restriction has been specified, be used for the purposes for which they were acquired for a minimum period of 18 months from the date the property was placed in use.(h) Pursuant to 41 CFR 102-37.450 (e), property obtained under the federal surplus property program for which the federal government imposes special handling or use limitations or conditions shall be handled and used in accordance with those limitations or conditions.(i) Pursuant to 41 CFR 102-37.450 (g), a donee shall not cannibalize, as defined at 41 CFR 102-37.25, any item received under the federal surplus property distribution program, or sell, trade, lease, loan, bail, encumber, or otherwise dispose of property so received during the period of restriction, or remove it permanently for use outside the state, without first obtaining the permission of the federal government, conveyed in the form of written permission from the surplus distribution section.(j) A donee wishing to obtain permission under (i) above shall submit a written request to the surplus distribution section which describes what actions the donee wishes to take and why.(k) Pursuant to 41 CFR 102-37, Appendix B, (d), the section shall specify at the time of a return of property under (f) whether return shall be accomplished by either:(1) Physical return of the property to the section;(2) Retransfer directly to another donee, the state, or a federal agency; or(3) Disposal by sale or other means.(l) A donee returning property under (f) above shall return the property as specified by the surplus distribution section under (k) above.(m) The following criteria shall be applied by the surplus distribution section in assessing which of the methods in (k) above will be specified:(1) The nature of the property to be disposed of;(2) The terms of the agreement with the donee;(3) The particular federal requirements or instructions applicable to the property;(4) The potential use of the property to another donee; and(5) The efficiency or cost-effectiveness of the disposal of the property by particular means.(n) A donee shall allow the surplus distribution section access to property received through the federal surplus property program to conduct utilization reviews in accordance with 41 CFR 102-37.480 in order to ensure that donated property is being used by the donee for the purpose for which it was donated and in accordance with federal regulations applicable to the property.(o) Pursuant to 41 CFR 102-37.55 and RSA 21-I:11, I(a)(6), the donee shall pay all transportation costs and other direct and indirect costs incurred incident to the donated property, including packing, handling, and crating.(p) The amount of the charge noted in (o) above shall be sufficient to cover the average actual cost of handling as recommended on an annual basis by the director according to the criteria set forth in RSA 21-I:11, I(a)(6).(q) The charge noted in (o) above shall cover all costs involved in acquiring and distributing the surplus property, including the cost for personnel, transportation, utilities, fuel, telephone, warehousing, storage, compliance, insurance, printing, supplies, and travel.N.H. Admin. Code § Adm 613.07
#8310, eff 5-11-05; ss by #10364, dff 7-1-13
Amended by Volume XXXV Number 23, Filed June 11, 2015 , Proposed by #10827, Effective 5/16/2015, Expires5/16/2025.Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13422, Effective 7/30/2022, Expires 7/30/2032Amended by Number 37, Filed September 14, 2023, Proposed by #13708, Effective 7/29/2023, Expires 7/29/2033 (see Revision Note at chapter heading for Adm 600).