125-050-0400 Public Sales for Disposal of State Surplus Personal Property (1) Conduct. The Department must conduct public sales for the disposal of state Surplus Property. Methods of disposal may include, but not be limited to: internet auctions, oral auctions, sealed bid sales and fixed price retail sales, separately or in any combination thereof. (2) Eligibility. Members of the general public may participate as buyers at public sales. No employee whether full-time, part-time, temporary or unpaid volunteer, of the Department, member of the employee's household, the employee's immediate family, or any person acting on the employee's behalf may participate in public sales if the employee has had any role in declaring the item surplus, processing the item or related paperwork, or offering it for sale. No employee of the Property Distribution Center's programs, or members of the employee's immediate family, or any person acting on the employee's behalf, may purchase items offered through any public sales regardless of whether such employee had a role in declaring the item surplus, in processing the item, or in offering it for sale. (3) Public Sales: (a) Auctions: The Department may offer Surplus Property for public sale through an Internet auction provider, by public outcry auctions and by sealed bid auctions. (A) Internet Auctions: (i) Public bidding terminals may be made available during posted public hours at the Department's Property Distribution Center. The public may inspect Property offered for sale at the time and place specified in the public Invitation to Bid; (ii) The Department reserves the right to reject any and all bids regarded as not in the best interests of the State; (iii) All items must be sold to the highest bidder. (B) Public Outcry and Sealed Bid Auctions: (i) The Department must advertise the date, time and location of public auction or sealed bid sales. A public Invitation to Bid must be available at the Property Distribution Center or auction site one week before an auction or sealed bid sale. The public may inspect property offered for sale at the time and place specified in the public Invitation to Bid; (ii) The Department reserves the right to reject any and all bids regarded as not in the best interests of the State; (iii) All items must be sold to the highest bidder; (C) Terms and Conditions Regarding Advertisement of Auction Property; (i) Except as set forth in paragraph (v)(I) and (v)(II) of this section (3), all Property must be offered "As-Is” and “Where-Is" with no warranty or other guarantee as to its condition or fitness for any use or purpose; (ii) Items purchased that were originally offered as “Working Condition Unknown” shall not be refunded except as described in paragraph (v)(I) and (v)(II) of this section. (iii) Terms and conditions of the sale must be made a part of the Internet posting or auction advertisement. By bidding, a potential purchaser is confirming their acceptance of the terms and conditions as set forth and published in the posting. (iv) A purchaser or disappointed bidder must have no recourse against the Department, Agency or any of their respective officers, employees or agents. (v) Except as as set forth in (I) and (II) of this section, all sales must be final. (I) The Department may offer to warranty items as to the accuracy of the item description as stated in the bid offering. The Department Surplus Property Manager may grant dispensation from completing the transaction before payment is made or offer full or partial refund if payment has been received. Any dispensation or refunds granted shall be at the sole discretion of the Department Surplus Property Manager. (II) The Department may establish a return or refund policy for items where the buyer does not wish to retain or pick up items which have been fully paid for. The Department may establish a re-stocking fee equal to a percentage of the original purchase price of the item and/or a flat fee. Fees and limits will be set by the Department Surplus Property Manager, published in Department Surplus Property Program policy, published on the program’s Website and shall be determined in correlation with sales expenses. (b) Fixed Price Public Sales: The Department may establish sales of personal property directly to the public at a fixed price. Every effort must be made to ensure direct sales are fair and equitable. (4) Payment: (a) For Internet Auctions, full payment must be made within the time specified in the public Invitation to Bid or otherwise established in program policy. (b) For Public Outcry and Sealed Bid Auctions, the time limit for making full payment, and the place where payment must be made will be specified in the Invitation to Bid; (c) The Department reserves the right, in its absolute discretion, to refuse any tender of payment by personal check and, further, the right to require that payment be made by designated credit cards, cash, cashier's check, bank wire transfer or money order; (d) The Department reserves the right to collect and retain the name, address and phone number of the buyer as a condition for completion of the sales transaction. The Department may require the buyer to sign the bill of sale as acceptance of the terms and conditions for the sale as set forth in the bid offering and published policies. The Department shall not sell or otherwise disperse sale information beyond fulfillment of a duly submitted public records request under ORS 192. All record of sales, including the buyer’s name, address and phone number shall be secured and destroyed according to established record retention guidelines and policies. (5) Claiming Items Purchased: (a) Items not paid in full by the time specified in the sales terms and conditions must be canceled; (b) Property paid for, but not claimed within the time specified in the sales terms and conditions shall be considered abandoned and ownership shall default to the State unless prior written approval is obtained by the purchaser is obtained from the Department; (c) Title to Property sold must be transferred to the purchaser when full and final payment is made, unless otherwise specified by the Department. For vehicles, receipt of payment of the sale price and delivery of key to the purchaser constitutes delivery and possession. Titles to vehicles must be transferred upon receipt of full payment. The Department rejects any liability once a purchaser takes possession of a vehicle; (d) Motor Vehicles Division trip permits are required to drive unlicensed motor vehicles within the state of Oregon and must be available at the Property Distribution Center. A purchaser of a vehicle must certify that the driver of the vehicle has a valid driver's license and is insured as required by Oregon law before a trip permit can be issued. A representative of the program shall explain the requirements for trip permits and facilitate the purchasing of a trip permit to all vehicle purchasers. Should the vehicle purchaser refuse, the Department may require the purchaser sign a waiver documenting the offer and refusal. (6) Failure to Comply. The Department may establish criteria to debar participants from auctions and other state sales pursuant to this Rule. Such criteria must be based on: (a) Conviction of fraud; (b) Unsatisfactory Internet auction service ratings; (c) Failure to claim purchases; or (d) Other documented activities determined by the Department to warrant debarment. Based upon these criteria, the Department may debar participants from auctions and participation in other state sales. (d) The Department may, at its sole discretion, reinstate disbarred participants. The Department may charge a reinstatement fee to recover revenues lost due to the disbarred participant’s prior actions. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.280 History: Renumbered from 125-246-0730, DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05