Okla. Admin. Code § 260:105-3-1

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

Section 260:105-3-1 - Declaring state property surplus

(a)Declaration and approval. A state agency shall determine when its personal property is surplus property in accordance with 74 O.S., Section 62.2.

(b)Storage and preservation of surplus property by agency. A state agency is responsible for the preservation of its surplus property prior to the official approval of its disposal required by the rules of this chapter.

(1) A state agency must make reasonable efforts to protect its surplus property from the elements, theft or any other means of destruction or deterioration.

(2) A state agency must make reasonable efforts to store surplus property no longer than six (6) months to minimize its depreciation.

(3) If a surplus property agent has reasonable cause to believe that the resale value of surplus property has been decreased because of negligent storage or handling by a state agency, costs incurred by the Office for the disposal of such property may be charged to the state agency.

(c)Request for approval to sell or transfer surplus property. State owned property shall not be destroyed, sold, transferred, traded in, traded, discarded, donated or otherwise disposed of without prior written approval of the Administrator. This rule applies to and includes any residue that may be remaining from agency cannibalization of property.

(d)Surplus Property Transfer Form. To request official approval to dispose of surplus property, a state agency must submit a form, prescribed by the Office, to the Administrator for approval. A surplus property transfer form must be signed by the chief administrative officer of the agency or an authorized agent and shall state:

(1) The legal name of the state agency;

(2) The principal address of the state agency;

(3) The name of the division or department within the agency, if applicable, where property is located.

(4) The name, telephone number, fax number and e-mail address of a contact person authorized to show and/or provide additional information concerning the surplus property to an agent;

(5) The name, telephone number, fax number and e-mail address of the person preparing the form;

(6) The complete address or location of the surplus property;

(7) A desired method of disposal of the surplus property as authorized in 260:105-5-1;

(8) The reason the property has been declared as surplus property, which may be stated as:

(A) No longer needed to perform the duties of the agency; or,

(B) Broken, cost to repair not economical; or,

(C) Obsolete. Not compatible with newer equipment; or

(D) Other, which shall be followed with a specific explanation.

(9) The inventory control number, if any, assigned to the surplus property item;

(10) A description of the surplus property item, including serial, model or other identification numbers, whenever available;

(11) A general statement as to the condition of the surplus property item (i.e. excellent, good, fair, poor, damaged, scrap, missing parts, etc.);

(12) Any known defects or enhancements;

(13) An estimate, current value, suggested selling price or minimum acceptable price;

(14) Any other information or recommendations to assist the approval and efficient disposal of the property.

(A) The name, address and telephone number of a suggested vendor, if any.

(B) Specify whether a recommended buyer is considered to be a related party as described in 260:105-7-1.

(15) A statement that the contents of the form have been reviewed by the chief administrative officer or authorized agent of the agency and that the facts contained therein are true and correct.

(e)Approval by the Office. The Administrator shall review the request and determine whether to approve, conditionally approve or deny the disposal of surplus property. Written notification of such determination, which shall set forth conditions for approval or reasons for denial of the request, will be sent to the state agency.

(f)Exception. A surplus property transfer form is not required when equipment is transferred between departments within the same agency, even though a purchase price may be charged.

Okla. Admin. Code § 260:105-3-1

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