W. Va. Code R. § 135-30-13

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 135-30-13 - Disposal of Surplus or Obsolete Materials, Supplies and Equipment

13.1. The chief procurement officer or director of procurement shall identify and inventory the institution's surplus or obsolete materials, supplies and equipment and shall store such materials, supplies and equipment until such time as they may be disposed of in a manner consistent with this rule and state law.

13.2. An institution may dispose of surplus or obsolete materials, supplies and equipment by transfer to other governmental agencies or institutions, by exchange or trade, or by sale as junk or otherwise.

13.3. If the method of disposition is other than by transfer to, or exchange or trade with other governmental agencies or institutions, the chief procurement officer or director of procurement shall, at least ten days prior to the disposition, advertise once a week for two consecutive weeks by newspaper publication as a Class II legal advertisement in compliance with the provisions of West Virginia Code § 59-3-1 et. seq., in the county where the surplus or obsolete materials, supplies and equipment are located, their availability or sale, in whole or part, at public auction or by sealed bid, as sound business practices may warrant under existing circumstances and conditions.

13.4. An institution may also dispose of surplus or obsolete materials, supplies and equipment through the surplus property unit of the Purchasing Division of the West Virginia Department of Administration; in which case, all of the rules and regulations of the Department of Administration shall be followed.

13.5. Under no circumstances shall any of the property described in this section be sold, transferred or conveyed to any private person, firm or corporation other than at public auction or by sealed bid or as otherwise provided in West Virginia Code § 18B-5-7.

13.6. The funds an institution receives from the sale of surplus materials, supplies, and equipment shall be deposited in the State Treasury to the credit on a pro rata basis of the fund or funds from which the purchase of the particular commodities or expendable commodities was made. The Commission, Council or Governing Board may charge and assess reasonable fees related to the costs of care and handling with respect to the transfer, warehousing, sale and distribution of state property that is disposed of or sold.

W. Va. Code R. § 135-30-13