Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 111 - Disposal of State Personal Property › Rule 11-111.2 - Disposal of State Surplus Property

Current through Register Vol. 47, No. 3, July 24, 2024
The director shall dispose of all personal property of the
				  state under the director's control when the personal property becomes
				  unnecessary or unfit for further use by the state. This rule establishes the
				  procedures for inspecting, selecting and removing surplus property from state
				  agencies or from state storage.
(1)
Means of disposal.
The director may dispose of unfit or
				unnecessary personal property by auction or other method of sale, trade-in,
				salvage, recycling, donation or transfer, or may properly and safely dispose of
				it by other means.
(2)
Proceeds from disposal.
Except for proceeds from the sale of
				vehicles and printing equipment or except as otherwise provided by law or rule,
				proceeds from the sale of personal property by the director shall be deposited
				in the general fund of the state.
(3)
Transfer
Personal
				property may be transferred between state agencies in lieu of other means of
				disposal when the receiving agency has a business use for the personal
				property.
(4)
Disposal
				agreement.
The director may enter into agreements with not-for-profit
				organizations or governmental agencies to dispose of state surplus.
				Notwithstanding subrule 111.2(3), when the director disposes of surplus
				property by donation, the disposal of such property shall be in accordance with
				an agreement established pursuant to this subrule between the department and a
				surplus property program agent. A surplus property disposal agreement shall
				contain, at a minimum, the following components:
a.
Identity of parties.
The
				agreement shall be between the department and the surplus property program
				agent.
b.
Purpose.
The purpose of the agreement shall be for the disposal of state
				surplus.
c.
Definitions.
Terms having special meaning to the agreement
				shall be defined.
d.
Project description.
The process utilized for disposal of
				state surplus and the rights and responsibilities of the parties under this
				agreement shall be described.
e.
Compensation and fees.
The agreement shall specify any fees
				charged by the surplus property program agent for removal and transportation of
				the state surplus. When the surplus property program agent adds value to the
				property transferred to it and sells the property, the proceeds from the sale
				shall be retained by the surplus property program agent and shall not be
				deposited in the general fund of the state.
f.
Geographical or commodity
				conditions.
The agreement shall specify any geographical conditions
				that may apply and any restrictions on the types of commodities accepted by the
				surplus property program agent.
g.
Title to state surplus property.
The agreement shall specify
				the declaration form required to transfer the surplus property and shall
				specify that title to the surplus property shall transfer to the surplus
				property program agent when the surplus property and the declaration form for
				the surplus property are in the possession of the surplus property program
				agent.
h.
Duration of
				agreement.
The duration of the agreement shall be specified as not to
				exceed six years, with annual reviews conducted by the parties.
i.
Liability and
				indemnification.
The agreement shall specify the liability and
				indemnification terms, such as parties' responsibilities for damage to state
				buildings and leased spaces as a result of performance of the
				agreement.
j.
Default and
				termination.
Default and termination conditions shall be
				specified.
k.
Contract
				administration.
The method or procedures for contract administration
				shall be specified, including provisions for monitoring compliance.
l.
Execution.
The agreement
				shall be signed by the director and the surplus property program agent.