S.C. Code Regs. § § 19-410.10

Current through Register Vol. 48, No. 11, November 22, 2024

Section 19-410.10 - Compliance and Utilization

A. Scope of Survey

(1) The State Agency shall effect reviews for compliance by donees with the terms, conditions, reservations and restrictions imposed on:

(a) Any property not placed in use within one year from the date of acquisition and not used for a period of one year after being placed in use.

(b) Any passenger motor vehicle.

(c) Any item of property with an acquisition cost of $5,000 or more.

(d) Any item having characteristics that require special handling or use limitations imposed by GSA.

(e) Any other items of property that the State Agency may impose special restrictions.

B. Method of Survey.

(1) Within 6 months after issue of restricted property (acquisition cost of $5,000 or more and all passenger motor vehicles), a form letter is mailed to donee requesting verification of usage and location of property.

(2) If letter is returned indicating proper usage of property, the letter is filed with invoice and document in restricted file. If letter indicates that property has not been put into use but will be used at a later date, a follow-up letter will be mailed to correspond with date specified by donee.

(3) In case of a negative reply or no reply, qualified State Agency personnel will then make a physical check of the property at the donee institution and submit "Utilization Check Form" to Surplus Property Officer, also, make verbal report.

(4) During the course of such visits, items under $5,000 in possession of the donee are observed to determine property utilization to learn of any unique or unusual uses which can be passed on to other donees, and to determine any misuse or unauthorized disposal made of property donated.

(5) During any review the State Agency representative will ensure that the donee is complying with any special handling conditions or use limitations imposed on items of property by GSA in accordance with FPMR 101-44.108.

C. Report on Surveys.

(1) Main points covered in reports.

(a) These reports cover a detailed list of property checked, any misuses or good uses of properties, apparent stockpiling, other needs of donees for property, major points of discussion with donee, and the reporter's pertinent personal observation.

(2) All reports are received and reviewed by the Surplus Property Officer. Effective action will be taken to correct noncompliance and to enforce terms, conditions, reservations and restrictions as set forth.

D. Action Taken on Reports.

(1) Indication of Fraud

(a) The State Agency will initiate appropriate investigation of alleged fraud in the acquisition of donable property and notify the FBI and GSA of allegations immediately.

(b) If the investigation indicates fraud, a written report will be made to the FBI and GSA by the State Agency and full cooperation will be rendered in resolving the problems presented.

(c) The State Agency is not authorized to prosecute any actions for the State of South Carolina, but will take whatever actions are necessary to aid in prosecuting cases of alleged fraud or misuse, and assist GSA or other responsible Federal or State agencies in investigating such cases upon request.

(2) Unauthorized disposal of items of $5,000 and over and passenger motor vehicles.

(a) Whenever possible the property will be placed in use. When it cannot be immediately placed into eligible use, it will be returned to the State Agency distribution center, unless circumstances make this impractical. Donations to the institution will be suspended until the matter is properly evaluated. The case will be reported to the GSA Regional Office for further action.

(3) Misuse of $5,000 and over items and passenger motor vehicles.

(a) As in C(2) above.

(4) Lack of use of items of $5,000 and over and passenger motor vehicles.

(a) As in C(2) above.

(5) Stockpiling

(a) If a report indicates property is being stockpiled, the institutional representative will be contacted and the matter discussed. Methods to prevent such stockpiling will be developed to remedy the situation. If the situation appears to warrant a return of the stockpiled property, the donee may be requested to return the property to the State Agency for further donee distribution.

E. Type or Title of Personnel Making Surveys.

(1) These visits are made by qualified State Agency employees, including the Surplus Property Officer and screeners.

S.C. Code Regs. § 19-410.10

Amended by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.