Current through Register Vol. XLI, No. 50, December 13, 2024
Section 157-4-3 - Disposition of Materials, EquipmentandSupplies3.1. Manner of Disposition. Obsolete and unusable equipment, surplus supplies and other unneeded materials may be disposed of either by transfer to other governmental agencies or institutions, by exchange or trade, or by sale as junk or otherwise. (Reference, Chapter 17, Article 2A, Sections 8 (35) and 14, Code. See also, Chapter 5A, Article 3, Section 23, Code).3.2. Obsolete Equipment, Surplus Supplies, Unneeded Materials. Prior to the disposition of obsolete and unusable equipment, surplus supplies, and other unneeded materials, the Highways Commissioner or his designee shall make a finding that such equipment is obsolete or unusable, or that such supplies and materials are surplus and not needed for road purposes.3.3. Inventory Report. The Commissioner shall inventory all disposable materials, equipment and supplies from time to time as quantity and stocks may warrant, but shall make a complete semi-annual inventory thereof as of the 31st day of March and the 30th day of September of each year. (1) Such inventory shall briefly describe the disposable items, the purchase price paid therefore, and a brief statement of the reasons said items are no longer needed or can no longer be used by the Department.(2) All such inventories shall be kept as public records open to public inspection.3.4. Notice to State Agencies, Counties, Municipalities; Priority. Prior to the offering of the transfer, sale, exchange or trade of such obsolete or unusable equipment, supplies or material to the general public, notice shall be given to all state agencies and state institutions, and counties and municipalities in the area where such sale is to be made, of the proposed disposition of such equipment, supplies, and materials. First priority to purchase same shall be given to state agencies and institutions and thereafter to the counties and municipalities, respectively.3.5. Sale to Other Public Body; Price. The sale, transfer, exchange or trade of such equipment, supplies and materials to state agencies or institutions, counties and municipalities may be made without public advertisement and shall be based on the lowest possible market price therefore taking into consideration the purchase price paid for such equipment, supplies and materials, less the depreciation thereon.3.6. Public Sale; Notice. If any obsolete or unusable equipment, or surplus or unneeded materials or supplies cannot be sold or otherwise transferred to another governmental agency, within a reasonable time, as provided for in these regulations, such equipment, materials or supplies shall be offered for sale at public auction. The public auction may be conducted at a physical location, electronically over the Internet or by telephone, or by any combination of these means. Notice of the time and place of the physical auction and/or the Internet address of the electronic auction shall be published once each week for at least two successive weeks prior to the date of the proposed sale. In the case of an auction conducted in whole or in part at a physical location, notice shall be published in a newspaper of general circulation in the county where the sale is to be held. In the case of an auction conducted in whole or in part electronically, notice shall be published on the Internet and in a newspaper of statewide circulation. Auctions may also be advertised in such other newspapers and other news media, or in such other manner, as circumstances dictate or may be deemed necessary and desirable. (1) Mailing List The Commissioner or his or her representative shall maintain a mailing list of all persons interested in bidding at any such sale, and shall mail a written or electronic notice of the time and place or Internet address of such sale to all such persons at least two weeks prior to the date of the sale. Any person interested in such notice may request that his or her name and address be placed on the mailing list, and all such notices will be sent to him or her in the future.3.7. Bidders; Prequalifications. All persons who wish to become bidders on any of the equipment, materials or supplies provided for in this section of these regulations shall first complete an application form and deposit it with the Commissioner or his duly authorized representative. The form and bidder registration processing may also be offered on the Internet Auction website.3.8. Payment for and Removal of Equipment, Materials and Supplies; Passage of Title; Forfeiture of Deposit. Title shall pass to the high bidder on any equipment, materials or supplies offered for sale at public auction, as provided herein, upon payment in full of the amount of the high bid for a single item, or in the case of more than one item, upon payment in full of the high bid for each, every and all items, within thirty (30) days from the date of such public auction, and upon removal of any, each and all such items, within thirty (30) days from the date of such public auction. In the event the high bidder shall fail to pay the purchase price in full for each, any and all such items, and remove the same within thirty (30) days from the date of said public auction, the executory contract of sale entered into thereat shall be null, void and of no effect. Any bidder who fails to pay for or remove equipment as required by the preceding section shall be placed on a restricted bidder's list for future auctions. A restricted bidder shall be required to provide a $5,000 deposit to participate in future auctions. Provided, however, that the Commissioner may in his discretion extend the time for payment or removal of such item or items, where written request is made for such extension, and in the judgment of the Commissioner good and sufficient cause exists for granting such extension.3.9. Exchange or Trade of Equipment, Materials or Supplies. In the event obsolete or unusable equipment or surplus or unneeded materials or supplies are exchanged or traded, the Commissioner shall have the item or items owned by the Department appraised by a competent person, and such appraisal shall serve as a guide in the negotiation of the trade or exchange.