reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 75 - Fleet Management Department › Section 260:75-1-4 - Use of state owned and leased vehicles

Current through Vol. 41, No. 20, July 1, 2024
(a)
State vehicle driving
			 conditions.
Every driver of a state owned vehicle shall comply with the
			 following conditions:
(1) A state owned or
			 leased vehicle shall not be used for personal transportation, e.g. to stores,
			 shopping centers, lakes, parks, golf courses, athletic events, etc.
(2) State law allows certain state owned or
			 leased vehicles to be driven between the employee's residence and assigned
			 place of employment, and between the employee's residence and other locations
			 in the performance of the official duties of the employee. Such use must be
			 consistent with 47 O.S. §
									156.1
			 and must be authorized in writing by the principal administrator of the
			 employing state agency. Such written authorization must be provided to the
			 Governor, the President Pro Tempore of the Senate, and the Speaker of the House
			 of Representatives. The written authorization must also be provided to the
			 Fleet Manager if the vehicle is provided by the Department.
(3) A state owned or leased vehicle shall not
			 be used for hauling a trailer other than a trailer that is state owned or that
			 is rented or leased for official business; trailer's specifications cannot
			 exceed vehicle's capabilities.
(4)
			 All state traffic statutes, rules and regulations shall be observed.
(5) All city ordinances related to traffic,
			 parking, etc. shall be observed.
(6) Safe and courteous driving habits shall
			 be used at all times.
(7) Tobacco
			 use in state owned or leased vehicles is prohibited.
(8) Driving under the influence in state
			 owned or leased vehicles is prohibited.
(9) Except for communication radios, use of
			 hand-held devices while driving in state owned or leased vehicles is
			 prohibited.
(10) Agencies will be
			 billed for any and all repairs to, loss of value, or additional maintenance of
			 Fleet Management vehicles occurring as a result of driver abuse, negligence,
			 fault or undesignated vehicle use.
(11) Agencies may choose to recover the
			 expense from the employee for any and all repairs, loss of value, or additional
			 maintenance of state owned or leased vehicles occurring as a result of driver
			 abuse, negligence, fault or undesignated vehicle use.
(12) Carrying alcohol, illegal drugs or
			 weapons in state owned or leased vehicles is prohibited unless it is related to
			 the mission of an agency.
(13)
			 Transporting animals in state owned or leased vehicles is prohibited unless it
			 is related to the mission of an agency.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 75 - Fleet Management Department › Section 260:75-1-5 - Rates

Current through Vol. 41, No. 20, July 1, 2024
(a)
Fleet operation funding.
The
			 Department shall fund all operation, repair, insurance, and maintenance
			 expenses for vehicles issued.
(b)
Rates.
A lease or rental, service, and system maintenance, rate s
			 shall be set by the Department and charged to each agency to recover the costs
			 listed in (a) of this section. A copy of these rates shall be furnished to all
			 agencies upon request.
(c)
Notice of rate change.
If the Fleet Manager determines it is in
			 the best interest of the State to change the lease or rental rate to ensure the
			 recovery of expenses listed in (a) of this section, the Administrator will send
			 written notice to the chief administrative officer of each agency or department
			 of the new rate at least thirty (30) days prior to its effective
			 date.
(d)
Payment due
			 date.
Payment for Department services as authorized by 74 O.S., Section
			 78c. shall be paid no less than monthly to the Office.
(e)
Delinquent accounts.
State
			 agencies that are delinquent thirty (30) calendar days or more with payment to
			 the Office shall be considered in arrears. Written notice of the delinquency
			 and outstanding balance may be sent to the agency.
(1) Accounts delinquent for more than forty
			 five (45) calendar days shall be subject to suspension by the Fleet Manager.
			 Suspension of an account bars the agency from use of Department services until
			 payment is received and the account is no longer in arrears.
(2) The Administrator may waive suspension if
			 it is determined that the suspension will disrupt vital services to the public,
			 cause undue hardship, or is otherwise in the best interest of the agency and/or
			 the state.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 75 - Fleet Management Department › Section 260:75-1-6 - Daily rental reservations and monthly lease assignments

Current through Vol. 41, No. 20, July 1, 2024
(a)
Rental reservations.
All
			 reservations require prior approval of the Department.
(1) An agency shall submit a written request
			 for reservation to the Department prior to the beginning date of the
			 reservation. An agency shall provide sufficient advance notice to ensure
			 vehicle availability. The reservation must be submitted during the Department's
			 business hours, Monday through Friday, excluding state holidays.
(2) The reservation shall specify the desired
			 class of vehicle and desired date and time period for use of the vehicle. The
			 Department may request additional information as determined necessary to
			 facilitate the reservation.
(3) The
			 Department may impose conditions and time limitations pursuant to the rules of
			 this subchapter and state law.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 75 - Fleet Management Department › Section 260:75-1-7 - Fuel purchases

Current through Vol. 41, No. 20, July 1, 2024
(a)
Fleet
			 card purchases.
Fuel for Department vehicles shall be purchased from
			 authorized fueling locations with the state issued fleet card furnished with
			 each vehicle.
(1) The current vendor of the
			 state fleet card is determined by award of applicable contract.
(2) Access to a list of available fueling
			 locations is provided by the Department.
(3) Agencies shall adhere to fleet card
			 policies established by the Fleet Manager.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 75 - Fleet Management Department › Section 260:75-1-8 - Wrecker service, on-the-road breakdown and repairs

Current through Vol. 41, No. 20, July 1, 2024
(a)
Department fleet policies.
Agencies utilizing Department vehicles shall adhere to policies established by
			 the Fleet Manager.
(b)
Agency
			 fleet policies.
Agencies utilizing their own vehicles shall adhere to an
			 agency fleet policies.
(c)
Department wrecker service.
An owning agency may contact the
			 Department whenever towing or a service call is required in or near the
			 Oklahoma City metro area and during the Department's working hours .
(d)
Private wrecker service.
In
			 accordance with policies established by the Director, an agency utilizing
			 Department vehicles may contact a private wrecker service whenever towing or a
			 service call is required outside the Oklahoma City metro area, and/or after the
			 Department's working hours . Agencies utilizing their own vehicles may contact
			 a private wrecker service in accordance with an agency fleet
			 policies.
(e)
Driver
			 negligence.
Agencies may be billed for any towing, impound and/or
			 service call expenses incurred as a result of driver negligence or fault as
			 stated in section
			 260:75-1-5 for agency
			 leased and owned vehicles.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 75 - Fleet Management Department › Section 260:75-1-9 - Other credit and cash purchases

Current through Vol. 41, No. 20, July 1, 2024
(a)
Invoices.
All invoices or sales slips for expenses, for Department
			 owned vehicles, approved by the Department shall be billed to the Department.
			 An invoice must contain the following:
(1)
			 Vendor's legal name, street and mailing address and telephone number;
(2) Date of purchase;
(3) Vehicle number;
(4) Quantity and cost of each item used,
			 labor time and charge;
(5) Driver's
			 signature; and
(6) No state sales
			 tax shall be charged.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 75 - Fleet Management Department › Section 260:75-1-10 - Care and maintenance of vehicles

Current through Vol. 41, No. 20, July 1, 2024
(a)
			 A state agency and each driver employed by said agency shall assume the
			 responsibility for :
(1) proper maintenance
			 of any Department owned vehicle in its use, according to the maintenance
			 schedule established by the Fleet Manager.
(2) proper care and repair of any Department
			 owned vehicle in its use.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 75 - Fleet Management Department › Section 260:75-1-11 - Vehicle marking

Current through Vol. 41, No. 20, July 1, 2024
Unless a vehicle is otherwise authorized to be unmarked and
				tagged with a license plate which does not identify it as a state-owned
				vehicle, vehicles owned or leased by a state agency shall be clearly marked in
				accordance with applicable state law and Department policy.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The Director of the Office of Management
			 and Enterprise Services promulgates the rules of this chapter pursuant to the
			 authority of 80 O.S., Section 34.2 and subject to the provisions of the
			 Administrative Procedures Act, 75 O. S., Section 251, et. seq.
(b) Pursuant to provisions of Title 40,
			 United States Code - Public Buildings, Property and Works, Subtitle I, Chapter
			 5, Section 549 (hereinafter referred to as
			 40 USC
			 549 ), Federal Management Regulation (FMR),
			 Subchapter B - Personal Property, 41 CFR Part 02 - 37 and state law, the State
			 Agency for Surplus Property shall operate pursuant to this State Plan of
			 Operation.
(c) This State Plan of
			 Operation establishes provisions for the Oklahoma State Agency for Surplus
			 Property to acquire and distribute Federal surplus personal property to donees
			 that meet the eligibility criteria specified by Federal law and regulation as
			 determined by the state agency.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
As used in this chapter, the following terms, unless the
				context clearly indicates otherwise, shall mean:
"Aircraft"
means a civilian or demilitarized
				aircraft.
"Direct allocation"
means shipment of property
				directly to a donee from the "holding agency."
"Director"
means the Director of the Office of
				Management and Enterprise Services or a person the Director designates.
"Donee"
means a service educational activity;
				public agency that uses surplus personal property to carry out or promote one
				or more public purposes; an eligible nonprofit tax exempt educational or public
				health institution to include a provider of assistance to homeless or
				impoverished families or individuals; or a state or local government agency, or
				nonprofit organization or institution that receives funds appropriated for a
				program for older individuals. (Note: Public airports are only considered
				donees when they elect to receive surplus property through the state agency.
				This does not include transactions of property where a public airport elects to
				receive surplus property through the Federal Aviation Administration
				(FAA)).
"GSA"
means the United States General Services
				Administration.
"Holding agency"
means the executive agency having
				accountability for, and generally possession of the property involved.
"Item"
means a single unit or measurable lot of
				property.
"Office" or "OMES"
means the Office of Management
				and Enterprise Services.
"Original acquisition cost"
or "OAC"
means the original cost the GSA reports the Federal government paid to acquire
				an item.
"Property"
means Federal surplus personal
				property.
"Revolving fund"
means the fund created by 80
				O.S., Section 34.6 that serves as the depository and working capital reserve
				fund for the agency.
"State Agency for Surplus Property"
and
"Agency"
means the Oklahoma State Agency for Surplus Property operating
				as the Property Distribution program of the Office of Management and Enterprise
				Services.
"State Plan"
means a plan of operation for the
				State Agency for Surplus Property.
"State Surplus Property Agent"
and
"Agent"
means the administrator of the Property Distribution
				program of the Office of Management and Enterprise Services or a person the
				Agent assigns to perform agency tasks.
"Vessel"
means a watercraft exceeding 50 feet in
				length.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-5 - Citations

Current through Vol. 41, No. 20, July 1, 2024
(a) Statutory citations in this chapter refer
			 to the most recent codification of state and federal statutes.
(b) Regulation citations in this chapter
			 refer to the most recent codification of federal regulations.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-7 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The State Agency for Surplus Property operates under the
				authority and supervision of the Director of the Office of Management and
				Enterprise Services pursuant to the provisions of 80 O. S., Section 34.1 et.
				seq. (Appendix A),
				40 USC
				549 and 41 CFR 102-37.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-9 - Designation of State Agency

Current through Vol. 41, No. 20, July 1, 2024
(a) As
			 appointed by the Governor, the Director of OMES shall appoint a State Surplus
			 Property Agent and employ persons the Agent supervises to ensure that the State
			 Agency for Surplus Property (Agent) provides services that meet the
			 requirements of 41 CFR 102-37 and the State Plan of Operation for property
			 acquisition, transportation, inventory control, warehousing, eligibility,
			 compliance and program related responsibilities.
(b) The Agent shall administer the Agency
			 pursuant to the provisions of this State Plan which satisfies the requirements
			 of 80 O. S., Section 34.1 et seq., 40, USC 549 and 41 CFR 102-37.
(c) Under the supervision of the Director,
			 the Agent shall acquire, warehouse and distribute property to donees and ensure
			 that donees comply with property use restrictions and requirements.
(d) The Agency occupies approximately seven
			 and one half (7.5) acres of land owned by the State of Oklahoma at 3100 North
			 Creston Drive, Oklahoma City, Oklahoma. The property includes an administrative
			 office building, receiving and distribution warehouses, outdoor display and
			 storage areas, mechanic shop, maintenance shop and paved and gravel parking
			 areas.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-11 - Inventory control and accounting systems

Current through Vol. 41, No. 20, July 1, 2024
(a)
Inventory Control System.
(1) The agency shall use, maintain and
			 support an automated inventory control system to document and track property
			 receipt, warehouse location, transfer, sale, utilization and
			 disposal.
(2) The Agent shall
			 assign an inventory control identifier to property so that the inventory
			 control system shall recognize the quantity received, property location,
			 quantity distributed, service charges and other information the Agent
			 requires.
(3) The Agent shall
			 conduct an annual physical inventory of property on-hand. The Agent shall
			 reconcile physical inventory findings to system produced records and report
			 results to the GSA.
(4) The Agent
			 may retain surplus property for use in operating the donation program in
			 conjunction with an active cooperative agreement with GSA. However, the Agent
			 will obtain GSA approval prior to using surplus property for agency use.
			 Records of property approved for agency use will be maintained separately and
			 apart from records of inventory of donation property.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-15 - Agency financing and service charges

Current through Vol. 41, No. 20, July 1, 2024
(a) The Agent shall assess, collect and
			 expend service charges for surplus property transferred to eligible donation
			 program donees as authorized by 80 O. S. Sections 34.2 through 34.6 and this
			 State Plan.
(b) The Agent shall
			 assess reasonable service charges in a fair and equitable manner based on
			 services performed (or paid for) by the Agent in relation to the original
			 acquisition cost (OAC) of the property. Service charges assessed by the Agent
			 shall cover costs the Agent incurs to screen, retrieve, receive, package,
			 crate, warehouse, ship and transport property. Funds accumulated from service
			 charges may be used to maintain and improve the agency facilities and other
			 purposes as specified in accordance with 41 CFR 102 - 37.280.
(c) For items the Agent makes available to
			 donees, the Agent shall assess a service charge determined as a percentage of
			 the OAC of an item.
(1) The Agent shall use
			 the following table to assess service charges to items:
(A) OAC not exceeding $1000: 0% to 50% of
			 OAC
(B) OAC exceeding $1000, but
			 not exceeding $20,000: 0% to 40% of OAC
(C) OAC exceeding $20,000: 0% to 30% of
			 OAC
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-19 - Disposition of undistributed property

Current through Vol. 41, No. 20, July 1, 2024
(a)
			 The Agent shall adhere to provisions of this section to dispose or
			 abandon/destroy property the Agent is unable to distribute to donees. If the
			 Agent determines that items are not usable, the Agent shall provide a signed
			 request to GSA to seek approval to abandon or destroy the items.
(1) The Agent shall list items and advise GSA
			 of reasons the Agent believes the items warrant abandonment or destruction in
			 accordance with 41 CFR102 - 37.320.
(2) The Agent shall provide a description of
			 each item, the condition of the items and the OAC.
(3) The Agent shall advise the method the
			 Agent prefers for abandonment or destruction of the item.
(4) The Agent shall state that the method of
			 abandonment or destruction the Agent prefers shall not pose a detriment or
			 health hazard to other persons, will not cause risk to public safety or
			 infringe on the rights of other persons.
(5) Within 30 calendar days after the Agent
			 issues the request, GSA will approve, disapprove, provide alternate disposition
			 instructions or not respond to the Agent. If GSA does not respond to the agent
			 within 30 calendar days, the agent may abandon or destroy the items.
(6) If the Agent reasonably believes that
			 unusable items may have value as scrap, the agent shall implement a cooperative
			 agreement or adhere to provisions of an executed cooperative agreement with GSA
			 to act as Agent for GSA to affect sale of the scrap items.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-21 - Fair and equitable distribution

Current through Vol. 41, No. 20, July 1, 2024
(a) The
			 Agent currently operates a warehouse to serve eligible donees. The Agent shall
			 ensure fair and equitable distribution of property to donees based on their
			 relative needs and resources and abilities to use the property. The Agent will
			 generally have a firm requirement or an anticipated demand for any donable
			 property requested. Factors to be considered in the fair and equitable
			 distribution of property are:
(1)
			 Contemplated use and frequency of use of the property;
(2) Criticality or urgency of need;
(3) Ability to pay the required service and
			 handling charge; and
(4)
			 Availability of funds to repair or maintain the property.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-23 - Eligibility

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to provisions of 49 USC 549, 41
			 CFR.102-37.380 through 102-37.430 and provisions of this Section, the Agent
			 shall accept and review applications from donee applicants and determine
			 whether an applicant conforms to one of the categories of eligible donees and
			 meets eligibility requirements to receive surplus property.
(b) The Agent shall utilize a standard
			 application form for completion and submission by public and nonprofit donee
			 applicants, for use by the Agent to determine whether the applicant meets
			 eligibility requirements. The Agent may request GSA assistance to determine
			 whether an applicant meets eligibility requirements.
(c) The application form shall request the
			 following information:
(1) Legal name,
			 address and, if necessary, directions to the physical location of the donee
			 applicant;
(2) Function of the
			 donee applicant as a public agency or an eligible non-profit agency;
(3) Explanation of the donee applicant
			 program or mission and types of property needed;
(4) Donee applicant financial information
			 including funding sources;
(5)
			 Donee applicant certification of compliance with applicable federal
			 nondiscrimination statutes, including Title 40, United States Code - Public
			 Buildings, Property and Works, Subtitle I, Chapter 5. Section
			 122, Title VI
			 of the Civil Rights Act of 1964 (42 U. S. C. 2000d-2000d-4a), Section 504 of
			 the Rehabilitation Act of 1973 (29 U. S. C. 794), as amended, and section 303
			 of the Age Discrimination Act of 1975 (42 U. S. C. 6101-6107) and Title IX of
			 the Education Amendment of 1972 (
			 20 U.S.C.
			 1681 -
			 1688
			 (as amended) ;
(6) If applicable,
			 donee applicant certification of recognition as a state public agency by
			 adopted resolution of a governing body;
(7) Evidence of donee applicant approval,
			 accreditation, or licensing or other standards of operation documentation as
			 defined by 41 CFR.102-37.395;
(8)
			 Certification that the donee applicant is not currently debarred, suspended,
			 declared ineligible or otherwise excluded from any federal program including
			 procurement programs; and
(9)
			 Require that a nonprofit and tax-exempt applicant donee provide evidence that
			 it is tax-exempt pursuant to Section 501 of the Internal Revenue
			 Code;
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-25 - Compliance and utilization

Current through Vol. 41, No. 20, July 1, 2024
(a) The
			 Agent shall employ methods to ensure that donees adhere to property use
			 restrictions and requirements pursuant to provisions of 41 CFR 102-37 and
			 Section
			 580:45-1-37.
(b) For items with an OAC of less than
			 $5,000, at any time during property use restriction or requirement time
			 periods, the Agent may conduct a utilization review to determine whether a
			 donee complies with property use restrictions and requirements for an item.
(1) The Agent may issue notice or contact a
			 donee and request the donee to provide information or conduct an on-site
			 inspection to determine whether the donee is complying with property use
			 restrictions and requirements.
(2)
			 The Agent shall record the findings and advise the donee of the
			 findings.
(3) If the Agent
			 determines that a donee does not meet property use restrictions or
			 requirements, the Agent shall advise the donee of actions the Agent intends to
			 take pursuant to (g) of this Section.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-27 - Consultation with advisory groups-public and private

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to provisions of 41 CFR 102-37.
			 Appendix B, Section (k) and 80 O. S., Section 34.3, the Agent shall consult
			 with donees and seek participation in public or private groups that include
			 donees to determine relative needs and resources of donees, proposed
			 utilization of property by donees and how distribution of property can be
			 accomplished to fill existing needs of donees.
(b) The Agent shall offer speakers and
			 presentations to participate in meetings of public or private groups that
			 include donees or potential donees.
(1) The
			 Agent shall encourage participation in agency programs by donees and potential
			 donees.
(2) The Agent shall
			 encourage donees to provide requests for types of property specific to an
			 individual donee or group of donees for transmission to GSA.
(3) The Agent shall provide information on
			 factors the Agent considers to determine donee eligibility.
(4) The Agent shall provide information on
			 property use restriction and requirements.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-29 - Audits

Current through Vol. 41, No. 20, July 1, 2024
(a) Periodic internal audits of the Agency's
			 operations and financial affairs shall be conducted in accordance with the
			 schedule established by the Oklahoma State Auditor and Inspector.
(b) The Agent shall comply with the external
			 audit requirements and donee audit submission requirements of Office of
			 Management and Budget Circular A-133, "Audits of States, Local Governments, and
			 Non-Profit Organizations" for each year in which the Agent receives $500,000 or
			 more in Federal surplus property or other Federal assistance.
(c) The Agent shall provide GSA with two
			 copies of any audit report made pursuant to OMB Circular A-133 or two copies of
			 those sections that pertain to the Federal donation program.
(d) The Agent shall provide GSA an outline of
			 all external audit related corrective actions and scheduled completion dates
			 for the actions required.
(e) The
			 Agent shall provide for cooperation in GSA or Comptroller General conducted
			 audits. GSA shall notify the Chief Executive Officer of the State of the
			 reasons for a GSA audit.
(f) The
			 Agent shall advise donees that if a donee receives property with a value of or
			 exceeding $500,000 during a fiscal year, that the donee shall provide the Agent
			 with a copy of an audit of the donee conducted in accordance with OMB Circular
			 No. A-133. The Agent shall advise the donee that it is the donee's
			 responsibility to identify and determine the amount of property received by the
			 donee and to arrange for audits.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-31 - Cooperative agreements

Current through Vol. 41, No. 20, July 1, 2024
41 CFR 102 - 37.325 through 102 - 37.340 and 40 USC 549 provide
				authorization for GSA, or federal agencies designated by GSA to enter into
				cooperative agreements with the Agent to provide support to the Agent's
				operations and facilitate transfer or disposal of property. The Agent may enter
				into, renew or revise such agreements.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-33 - Liquidation

Current through Vol. 41, No. 20, July 1, 2024
(a) Whereas the Legislature authorizes state
			 participation in federal assistance programs to provide federal surplus
			 property to donees in the state, it assigns the Director of the Office of
			 Management and Enterprise Services to appoint the Surplus Property Agent and
			 authorizes the Agent to effect property transfer to donees. Should the
			 Legislature determine that the state should terminate participation, the
			 Director and the Agent shall provide public notice of final distribution of
			 property, liquidation of agency assets, distribution of liquidation proceeds,
			 designation of a successor agency to perform continuing agency obligations and
			 retention of agency records pursuant to a liquidation plan as required by 41
			 CFR 102 - 37.365 and 102 - 37.370.
(b) If the Legislature acts to terminate the
			 agency, the Director and Agent shall issue notice to GSA within 10 days of the
			 date of final legislative and gubernatorial action advising effective dates of
			 the action, reasons and, if applicable, terms the action specifies for agency
			 termination.
(c) Within 20 days of
			 the date of final legislative and gubernatorial action, the Director and Agent
			 shall submit a liquidation plan to GSA of proposed steps and a timetable to
			 effect liquidation.
(1) The liquidation plan
			 shall include methods of property distribution such as transfer to federal
			 agencies, transfer to other State Agencies for Surplus Property and transfer to
			 donees.
(2) The liquidation plan
			 shall include methods and dates of public notice.
(3) The liquidation plan shall include
			 legislative requirements or Director proposals for distribution of Agency
			 financial and physical assets.
(4)
			 The liquidation plan must include methods and dates for disposal of federal
			 property and Agency physical assets through public auction.
(5) The Director and Agent shall specify a
			 successor agency to ensure continuing Agency obligations on property donated
			 prior to the closing of the Agency are fulfilled as a part of its liquidation
			 plan.
(6) The liquidation plan
			 shall include methods of record retention and location of records storage for
			 two years following liquidation.
(7) The liquidation plan shall include
			 methods to finalize disbursement of Agency funds for liquidation
			 activities.
(8) The liquidation
			 plan shall include a final Agency termination date.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-35 - Forms

Current through Vol. 41, No. 20, July 1, 2024
(a) The Agent shall utilize forms to enable
			 property receipt and distribution, donee eligibility and other components of
			 Agency operations. The Agent shall comply with OMES requirements for form
			 review and approval.
(b) For forms
			 that require GSA approval, following OMES approval, the Agent shall submit
			 forms to GSA for review and possible approval.
(1) If GSA approves the form, the Agent shall
			 record the beginning date of form use.
(2) If GSA disapproves the form, the Agent
			 shall incorporate form amendments required by GSA. Following incorporation of
			 GSA amendments and, if applicable, further Department or GSA review and
			 approval, the Agent shall record the beginning date the form was placed into
			 service.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-37 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a) The Agent shall retain Agency property
			 acquisition records to comply with state and Federal records retention
			 requirements. The Agent shall retain Agency records for a minimum of three
			 years following completion of the period of use restrictions (POR) and
			 requirements.
(b) The Agent shall
			 retain records pertaining to items with use restrictions and requirements as
			 shown in the table, below:
(1) Combat
			 configured aircraft - Perpetual Period of Restriction (POR) - Perpetual Records
			 Retention after POR;
(2) Firearms -
			 Perpetual Period of Restriction (POR) - Perpetual Records Retention after
			 POR;
(3) Non-combat aircraft -
			 5Year Period of Restriction (POR) - 3 Year Records Retention after
			 POR;
(4) Vessels - 5Year Period of
			 Restriction (POR) - 3 Year Records Retention after POR;
(5) Motor vehicles and items with OAC of or
			 exceeding $5,000 - 18 months Period of Restriction (POR) - 3 Year Records
			 Retention after POR;
(6) Items with
			 OAC less than $5,000 - 1 Year Period of Restriction (POR) - 3 Year Records
			 Retention after POR.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 85 - Recycling › Section 260:85-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter are promulgated by the Director of
				the Office of Management and Enterprise Services to implement the Oklahoma
				State Recycling and Recycled Materials Procurement Act (74 O.S. §
								85.50 et
				seq.).
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 85 - Recycling › Section 260:85-1-3 - Recyclable materials collection

Current through Vol. 41, No. 20, July 1, 2024
(a)
			 Adoption of recycling plan. Each state public entity shall adopt a
			 comprehensive recycling plan to meet or exceed the legislative intent,
			 requirements, and goals of the Act. A sample recycling plan shall be made
			 available by the Office of Management and Enterprise Services.
(b) Recycling plan operation. Each state
			 public entity shall develop and operate its own recycling program, or join and
			 participate in a joint recycling program, for the purpose of implementing its
			 recycling plan. The results of implementation of the plan during the previous
			 fiscal year shall be described in a report to the Director by December 31 of
			 each year. The report shall be in a format determined by the Office of
			 Management and Enterprise Services.
(c) Assistance in plan development. The
			 Office of Management and Enterprise Services shall provide assistance and
			 coordination to state public entities in the development and implementation of
			 recycling plans, and in the operation of recycling programs to achieve
			 recycling objectives.
(d)
			 Determination of quantity and market value of recycled materials. The Office
			 may determine whether the quantity and market value of recyclable materials,
			 separately or in combination, in any solid waste generated by any state public
			 entity is sufficient to make recycling economically feasible.
(e) Joint recycling operations. The Office
			 may operate one or more recycling programs, where it is feasible to do so, and
			 may require state public entities to participate. The Office may determine
			 whether any state public entity must participate in a joint recycling program
			 with other state public entities, or may operate a partially or completely
			 separate recycling program of its own.
(f) Designation of agency recycling
			 coordinator. Each state agency shall designate at least one employee as a
			 recycling coordinator for that agency.
(1) The
			 Office may require the designation of additional coordinators if necessary for
			 the efficient operation of the recycling effort.
(2) State agencies with more than one office,
			 shop, or working venue shall designate a recycling coordinator for each
			 location or venue at which more than fifty employees usually work.
(3) The Office may, at its discretion,
			 require an agency to appoint a recycling coordinator for locations which
			 produce large amounts of recyclable materials.
(4) The identity and contact information for
			 each recycling coordinator shall be submitted to the Director and shall be
			 updated or revised as changes occur.
(5) Recycling coordinators shall serve as
			 contact persons with the Office for implementation of the Act and the rules in
			 260:85-1-3.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 85 - Recycling › Section 260:85-1-4 - Recycled products procurement

Current through Vol. 41, No. 20, July 1, 2024
(a)
			 Purchase of recycled products. Each state public entity shall procure products
			 which are manufactured with recycled materials, and products which are
			 recyclable and/or durable, to meet or exceed the legislative intent,
			 requirements, and goals of the Act.
(b) Reporting of purchases of recycled
			 products. Each state public entity shall submit a report to the Director by
			 December 31 of each year. This report shall describe the results of its
			 procurement of recycled paper products and other products manufactured with
			 recycled materials over the past fiscal year. The report shall be in a format
			 determined by the Office.
(c)
			 Assistance in procurement objectives. The Office shall provide assistance to
			 state public entities in the achievement of procurement objectives in their
			 recycling programs.
(d) Procurement
			 specifications for recycled materials. Each state public entity shall use
			 procurement specifications to require, to the greatest extent practicable, that
			 a product and its packaging or container contain recycled materials and that
			 the product and its packaging or container be recyclable.
(1) Product and packaging specifications
			 shall require the use of post-consumer materials to the greatest extent
			 practicable without jeopardizing the intended end use of the product.
(2) In writing specifications and selecting
			 products for procurement, life cycle costs shall be part of the evaluation
			 criteria when the costs of waste disposal or the durability and reusability of
			 a product may be significant.
(3) A
			 state public entity may determine that, for technical reasons, and for a
			 particular end use, a product containing recycled materials will not meet
			 reasonable performance standards, and may therefore declare the purchase of a
			 product manufactured with recycled materials to be unpracticable. Such a
			 determination shall be documented and based solely upon technical performance
			 information related to a specific item, and not to a grade or type of product.
			 This documentation may be requested for review by the Office.
(4) Each state public entity shall reduce the
			 generation of solid waste at its source, whenever practicable, by minimizing
			 the purchase of single-use, disposable products and requiring the purchase of
			 durable products which can be reused.
(5) Each state public entity shall, whenever
			 practicable, purchase only office paper, photocopier paper, printer paper, and
			 printed paper products which are not coated with plastic, clay, or other
			 material used to create a glossy finish.
(6) Each state public entity shall take
			 reasonable steps to minimize the procurement of colored paper products. If
			 color is necessary for a particular use, full consideration shall be given to
			 the use of white paper printed with colored, soy- based ink.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 90 - Alternative Fuels Program › Subchapter 9 - Violations › Section 260:90-9-1 - Alternative Fuels Technician Hearing Board; complaints, investigations, false or fraudulent representation, suspension or revocation of certificate [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 95 - Real Estate and Leasing › Subchapter 3 - Real Property Disposal › Section 260:95-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the state's surplus real property program is
				  to:
(1) Maximize utilization of
				state-owned properties;
(2) Return
				unused or underutilized state-owned property to private sector
				ownership;
(3) Stimulate
				competition and maximize the return to the state;
(4) Ensure properties are maintained during
				the disposal process in accordance with a maintenance plan established by Real
				Estate and Leasing Services;
(5)
				Ensure funds are deposited in compliance with statutes; and
(6) Advance the long-term capital assets plan
				of the state.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 95 - Real Estate and Leasing › Subchapter 3 - Real Property Disposal › Section 260:95-3-3 - Declaration of surplus property

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Upon determination that a property is surplus by the owning agency, the Office
				of Management and Enterprise Services, the Long-Range Capital Planning
				Commission, the legislature, or any other entity given statutory authority to
				compel an agency to declare a property surplus, the owning agency shall submit
				a letter to the Director of Real Estate and Leasing Services declaring the
				property surplus. The letter shall be signed by the director or chief executive
				officer of the owning agency. The letter shall, at a minimum, include the
				following:
(1) The address or location of the
				property,
(2) The type of property
				(land or structure),
(3) The
				inventory number of the property, and
(4) The reason the property is being declared
				surplus.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 95 - Real Estate and Leasing › Subchapter 3 - Real Property Disposal › Section 260:95-3-4 - Agency responsibilities after a property is declared surplus

Current through Vol. 41, No. 20, July 1, 2024
(a) Ownership does not transfer to the Office
				of Management and Enterprise Services when a property is declared surplus.
				After a property is declared surplus, the owning agency shall continue to be
				responsible for all maintenance and expenses associated with the property until
				the property is conveyed to a new owner. In cases where the owner of the
				property is the State of Oklahoma, and no specific agency is given ownership
				through deed or statute, the agency that was financially responsible for the
				maintenance of the property at the time the property was declared surplus shall
				be considered the owning agency and will continue to be responsible for the
				property until title is conveyed to a new owner or use and enjoyment is
				transferred to a new state agency.
(b) The owning agency shall be responsible
				for all necessary costs associated with continued ownership of the property and
				expenses related to the sale of the property. These include, but are not
				limited to:
(1) All continued maintenance of
				the property, including repairs requested by Real Estate and Leasing
				Services;
(2) Utilities serving the
				property;
(3) Continued asset
				protection;
(4) Mowing and/or
				landscaping;
(5) Clean-up of the
				property;
(6) Removal of all agency
				personal property and surplus personal property;
(7) Any required appraisals;
(8) Any required surveys;
(9) Any required title research;
(10) Any required studies or
				assessments;
(11) Costs of notices
				and advertising;
(12) Seller's
				closing costs; and
(13) Any
				miscellaneous expenses associated with the continued ownership or sale of the
				property.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 95 - Real Estate and Leasing › Subchapter 3 - Real Property Disposal › Section 260:95-3-5 - Reuse or repurposing of surplus property

Current through Vol. 41, No. 20, July 1, 2024
If a surplus property is appropriate for repurposing or reuse
				  by another state agency, providing no historic factors preclude reuse or
				  repurposing, Real Estate and Leasing Services will:
(1) Make a determination that it is in the
				best interest of the state to attempt to reuse or repurpose the
				property;
(2) Attempt to match the
				property with a suitable agency for ownership;
(3) Assist the potential new owning agency
				with space planning and any required forms and authorizations for property
				acquisition;
(4) Assist with the
				procurement of any necessary surveys, appraisals, studies, or
				assessments;
(5) Prepare all
				documents necessary for transfer;
(6) Make a recommendation for transfer to the
				Long-Range Capital Planning Commission;
(7) Facilitate the execution and filing of
				documents transferring ownership; and
(8) Deposit proceeds from the transfer in the
				appropriate fund.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 95 - Real Estate and Leasing › Subchapter 3 - Real Property Disposal › Section 260:95-3-6 - Direct sale of property to another public agency

Current through Vol. 41, No. 20, July 1, 2024
(a) If a surplus property is appropriate for
				direct sale to a non-state public agency, the sale price shall not be less than
				fair market value.
(b) The entity
				purchasing the property will be responsible for all costs and fees associated
				with the sale, including, but not limited to:
(1) One complete appraisal, obtained by the
				state;
(2) Any required
				surveys;
(3) Any required
				assessments;
(4) Any miscellaneous
				expenses arising from the sale; and
(5) Closing costs.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 95 - Real Estate and Leasing › Subchapter 3 - Real Property Disposal › Section 260:95-3-7 - Disposal of surplus property by public auction or sealed bids

Current through Vol. 41, No. 20, July 1, 2024
(a) If a surplus property is not suitable for
				transfer to another state agency or direct sale to a non-state public agency,
				and no conditions or factors exist making the surplus property appropriate for
				the Request for Proposals process, surplus property shall be disposed of
				through public auction or by sealed bid auction.
(b) Real Estate and Leasing Services will
				cause the notices of the public auction or request for sealed bids to be
				published in accordance with 61 OS § 327. Notices shall include the
				appraised value of the property.
(c) Real Estate and Leasing Services will
				advertise the sale of the property. Methods of advertising may include:
(1) Posting signs and banners;
(2) Conducting public viewings of the
				property;
(3) Publishing electronic
				notices or advertisements;
(4)
				Press releases;
(5) Social
				media;
(6) Listing the property on
				the Real Estate and Leasing Services web page;
(7) Listing the property on real estate
				industry listings;
(8) Listing the
				property on public listings, and
(9) Other methods of advertising as
				appropriate.