Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-13 - Return of donated property

Current through Vol. 41, No. 20, July 1, 2024
(a) If
			 a donee fails to place donated property into use for the purpose for which it
			 was donated within one year of donation, the Agent shall advise the donee of
			 actions required to return, transfer or dispose of the item at the donee's
			 expense.
(b) If a donee ceases to
			 use donated property for the purpose for which it was donated within one year
			 after the property was placed into use, the Agent shall advise the donee of
			 actions required to return, transfer or dispose of the item at the donee's
			 expense.
(c) If the Agent
			 determines that property in the possession of a donee is usable and the donee
			 has not met the requirements set forth in (a) and (b) of this Section, the
			 property must be returned, transferred or disposed of in accordance with (d) of
			 this Section.
(d) Return of usable
			 property shall be accomplished in one of the following ways as directed by the
			 Agent:
(1)
Returning Property to the
			 Agent.
A donee shall notify the Agent whenever it wishes to return
			 usable donated property to the warehouse. The Agent shall make every effort to
			 locate another donee within the state to determine if the property can be
			 retransferred. If the property cannot be retransferred to another donee within
			 the state, the Agent will instruct the donee to return the property to the
			 Agent's warehouse.
(2)
Direct
			 transfer to another donee within the state.
In cases where donated
			 property is retransferred from one donee within the state to another or
			 returned to the Agent's warehouse for retransfer to another donee, the Agent
			 shall process documentation showing the return to inventory. If the property,
			 however, is being retransferred directly from one donee to another within the
			 state, the Agent shall prepare and process a Distribution Document. The Agent
			 shall indicate on the document that the property is, in fact, being transferred
			 from one donee to another.
(3)
Transfer to another State Agency for Surplus Property or Federal
			 agency.
(A)
Transfers to other
			 State Agencies for Surplus Property.
Whenever property is not needed by
			 a donee within the state, the Agent, in accordance with 41 CFR 102 - 37.290(a)
			 (2) shall immediately offer it to a State Agency for Surplus Property in
			 another state. When donated property is being transferred to another State
			 Agency, the gaining agency will prepare and submit an SF-123 to the General
			 Services Administration. GSA, upon request from the holding State Agency, shall
			 assist in making it known to other State Agencies that unneeded property in one
			 state is available for transfer and arranging and coordinating visits between
			 State Agencies. Transfers between State Agencies are subject to the disapproval
			 of GSA within 30 calendar days after notice to the GSA regional
			 office.
(B)
Transfers to
			 federal agencies.
Property not retransferred directly to another donee
			 within the state or another State Agency will be reported to GSA for redisposal
			 instructions which may include retransfer to a Federal agency. When a federal
			 activity requests property from the Agent, the Federal (gaining) agency will
			 prepare and submit an SF-122 to GSA.
(4)
GSA approval for disposal by
			 sale.
Usable returned property that is not transferred to another donee
			 within the state or another State or Federal agency may, with GSA approval, be
			 disposed of by public sale. The Agent may act as GSA's agent in selling donated
			 property (either as usable property or scrap) if an established cooperative
			 agreement with GSA permits such an action. The GSA regional office will inform
			 the Agent of those property item(s) that can be sold and the Agent, in turn,
			 shall prepare and submit a Standard Form 126 (Report of Personal Property for
			 Sale) to GSA as directed. GSA will then determine and approve the actual point
			 of sale and required sales method. If GSA authorizes disposal of the item by
			 means of sale, the Agent shall provide return instructions to the donee and
			 follow the guidelines set forth in 41 CFR 102 - 37.305 through
			 102-37.315.