W. Va. Code R. § 148-4-12

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

Section 148-4-12 - Compliance and Utilization

12.1. The SASP will conduct utilization reviews for donee state plan with terms, conditions, reservations, and restrictions imposed by GSA and WVSASP on property having unit acquisition costs of $5,000 or more and any passenger motor vehicle.

12.2. All SASP reviews of donee state plan with the terms, conditions, reservations and restrictions imposed on donated property with extended periods of restriction will include a survey to determine that the donee is complying with the statutory requirement that all items of donated property acquired by the donee be placed into use for the required period of restriction.

12.3. The SASP will visit donees receiving property with federal and/or state restrictions on the use of property at least once a year during the period of restriction. In the event that a visit is not possible, the SASP will require written reports on utilization from the donee's administrative officer or designee. In addition to ensuring all the terms and conditions placed upon the donated property are being adhered to, the SASP will evaluate the general utilization of property; any evidence of stockpiling or over supply; the need for other property by the donee; the evidence of alleged fraud or misuse will be reported immediately to the GSA, in accordance with 41 CFR 102-37. Furthermore, the SASP will assist the GSA in any subsequent investigations. Noncompliance cases, such as fraud, sale of items under restriction, misuse, misrepresentation and stockpiling, shall constitute grounds for temporary deferment of participation in the surplus property program.

12.4. SASP will prepare required reports on utilization reviews and state plan actions. Should any incidences of alleged fraud in the acquisition of donated property or misuse of such property occur, SASP will initiate appropriate investigations.

W. Va. Code R. § 148-4-12