Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 80 - Plan of Operation for Oklahoma State Agency for Surplus Property › Section 260:80-1-17 - Property use restrictions and requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The Agent shall inform donees that
			 property the donee receives is subject to the use restrictions and requirements
			 of 41 CFR 102-37, GSA and as specified by this Section. Donees shall
			 acknowledge and agree to restrictions and requirements at the time of
			 acceptance of property. The Agent may only grant releases from state imposed
			 use restrictions, conditions or special handling instructions.
(b) A donee shall present an encumbrance (or
			 certification) document to the Agent certifying adequate funds to pay service
			 charges the donee incurs to acquire the property.
(c) A donee accepts property as is, with no
			 expressed or implied warranty, except that a donee may return property to the
			 agency pursuant to provisions of (g) of Section
			 260:80-1-13.
(d) The state and federal governments are not
			 liable for and held harmless from actions incident to acquisition of the
			 property, its use or final disposition.
(e) A donee shall use property to carry out
			 or promote the public purpose of the donee entity.
(f) A donee shall not encumber property the
			 donee acquires from the agency by lien or other method of
			 encumbrance.
(g) A donee shall
			 place donated property in-use within one year of donee receipt of the
			 property.
(h) A donee shall return
			 property to the Agent if the donee does not use the property within one year of
			 receipt at the expense of the donee.
(i) A donee shall retain and use an item with
			 an OAC not exceeding $5,000 for the purpose for which it was donated for one
			 year after the donee places the property in-use.
(j) A donee shall retain passenger motor
			 vehicles or items with an OAC of (or exceeding) $5,000 in its possession for 18
			 months after the donee places the property in-use.
(k) A donee that acquires an aircraft or
			 vessel shall meet additional use requirements.
(1) A donee shall submit a Letter of Intent
			 that states the uses for which the donee intends to use the aircraft or vessel.
			 The Agent shall advise the donee of all information required to be included in
			 a Letter of Intent in accordance with 41 CFR 102 - 37.230.
(2) A donee shall use an aircraft or vessel
			 for a period of five years. The period of restriction for combat-configured
			 aircraft is perpetuity.
(3) A donee
			 shall apply to the Federal Aviation Administration (FAA) to register an
			 aircraft for flight use within 30 calendar days of donee receipt of the
			 aircraft.
(4) A donee shall apply
			 to register or document a vessel pursuant to applicable federal, state and
			 local laws within 30 calendar days of donee receipt of the vessel and record
			 each document with the U. S. Coast Guard.
(5) A donee shall include with its request
			 for registration or documentation a fully executed copy of the transfer
			 document and a copy of the donee Letter of Intent.
(6) Upon receipt, a donee shall provide a
			 copy of FAA registration or Coast Guard documentation to the Agent and
			 GSA.
(7) A donee shall use an
			 aircraft or vessel in accordance with the executed Conditional Transfer
			 Document and as set forth in the donee Letter of Intent.
(8) A donee may request amendments to the
			 donee Letter of Intent by submitting amendments in writing to the Agent and
			 GSA.
(9) A donee shall use an
			 aircraft or vessel for purposes the donee states in the donee Letter of Intent
			 unless the Agent and GSA provide approval of amendments to the Letter of
			 Intent.
(10) If required by FAA or
			 the U.S. Coast Guard, a donee shall provide a copy of the amended version of
			 the Letter of Intent (which must be approved by both the Agent and GSA) to the
			 FAA or U.S. Coast Guard, as applicable.
(11) If a donee breaches the terms and
			 conditions of an original or amended Conditional Transfer Document, title to
			 the aircraft or vessel may revert to the federal government, GSA may require
			 the donee to return the aircraft or vessel and may require the donee to pay for
			 any unauthorized disposal, transaction or use in accordance with FMR 102-37.460
			 (d).
(12) A donee may submit a
			 request to return an aircraft or vessel during a period of use restriction to
			 the Agent. The Agent shall notify GSA of the request. If GSA accepts the
			 request, the Agent will then request that GSA provide written instructions for
			 disposition. If GSA approves and provides instructions for disposal, the Agent
			 shall provide notice and disposal instructions to the donee.
(13) A donee shall not modify for flight
			 purposes military aircraft the donee receives for ground training or static
			 display.
(14) A donee that receives
			 an aircraft for non-flight use shall provide the Agent with aircraft historical
			 records within 30 calendar days of donee receipt of the aircraft. The Agent
			 shall forward the records to GSA.