Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 15 - Department of Administration - General Services Division › Article 3 - MATERIALS MANAGEMENT › Section R2-15-303 - Disposition

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Surplus
				Property Administrator shall act on behalf of the state in all matters
				pertaining to the disposition of excess and surplus materials.
B. Except as specifically authorized for the
				Department of Public Safety under A.R.S. §
									41-1713(B)(7),
				the Arizona Exposition and State Fair Board under A.R.S. §
									3-1007(A)(1),
				Arizona Correctional Industries under A.R.S. §§
									41-1623(E)
				 and
				41-1624(B),
				and the Department of Mines and Mineral Resources under A.R.S. §
									27-105(6),
				a state governmental unit shall not transfer, sell, trade-in, condemn, or
				otherwise dispose of materials owned by the state without written authorization
				from the Surplus Property Administrator.
C. Each state governmental unit shall notify
				the Surplus Property Administrator of all excess and surplus materials on forms
				provided by the Surplus Property Administrator. The Surplus Property
				Administrator shall determine the fair market value of excess and surplus
				materials.
D. The Surplus Property
				Administrator shall facilitate the transfer of excess or surplus materials to
				or between state agencies, political subdivisions, and eligible nonprofit
				institutions. The transfer document for state materials shall indicate that the
				recipient agrees not to transfer title or dispose of the materials within a
				six-month period, except for motor vehicles, which have a 12-month restriction,
				without prior approval of the Surplus Property Administrator.
E. Disposition of surplus materials.
1. The Surplus Property Administrator shall
				offer surplus materials through competitive sealed bids, public auction, online
				sales, established markets, or posted prices. If unusual circumstances render
				the above methods impractical, the Surplus Property Administrator may employ
				other disposition methods, including appraisal or barter, provided the Surplus
				Property Administrator makes a written determination that the procedure is
				advantageous to the state. The following methods of payment for surplus
				materials are accepted by the Surplus Property Administrator: a United States
				Postal Money Order, certified check, cashier's check, and cash. Other methods
				of payment may be approved by the Surplus Property Administrator if the Surplus
				Property Administrator determines the method to be in the best interest of the
				state.
2. Competitive sealed
				bidding. The Surplus Property Administrator shall ensure that:
a. Sale notices are publicly available from
				the Surplus Property Office at least five days before the date set for opening
				bids;
b. Each sale notice lists
				materials offered for sale, location of materials, and availability of
				materials for inspection, terms and conditions of sale, and instructions to
				bidders, including the place, date, and time set for the bid opening;
c. Bids are opened publicly;
d. Awards are made in accordance with the
				provisions of the sale notice; and
e. Awards are made to the highest responsive
				and responsible bidder, provided that the price offered by the highest
				responsive and responsible bidder is acceptable to the Surplus Property
				Administrator. If the Surplus Property Administrator determines that a bid is
				not advantageous to the state, the Surplus Property Administrator may reject
				the bid in whole or in part, resolicit bids a bid, or negotiate the sale,
				provided that the negotiated sale price is higher than the highest responsive
				and responsible bidder's price.
3. The Surplus Property Administrator shall
				advertise a pubic [public] auction at least three times before the auction
				date; and ensure that all terms and conditions of any sale are available to the
				public at least 24 hours before the auction or, in the case of online sales,
				within the sales notice.
4. The
				Surplus Property Administrator shall determine whether surplus materials may be
				disposed of by trade-in to a vendor for credit on an acquisition. In making
				this determination, the Surplus Property Administrator shall consider the
				urgency of need by other state governmental units and whether the trade-in
				value is expected to exceed the value realized through the sale of the
				materials.
5. An employee of the
				owning or disposing state governmental unit shall not directly or indirectly
				purchase or agree with another person to purchase surplus materials if that
				employee is, or has been, directly or indirectly involved in the purchase,
				disposal, maintenance, or preparation for sale of the surplus materials.