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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF ADMINISTRATIVE SERVICES

 

DIVISION 50

STATE SURPLUS PROPERTY

125-050-0100

State Surplus Property Definitions

In addition to the definitions contained in ORS 279A.250 and OAR 125-246-0110, the following definitions apply to these Rules on State Surplus Property:

(1) "Bid" means a competitive Offer to purchase advertised Surplus Property at a price specified by the bidder.

(2) "Cash" includes U.S. currency, cashier's checks, certified checks, traveler's checks, money orders made payable to the State of Oregon, or approved credit cards.

(3) "Direct Labor" includes all Work required for preparation, production, processing and packing, but does not include supervision, administration, inspection and shipping.

(4) "Employee's Household" means all persons residing with employee.

(5) "Employee's Immediate Family" means the children, step-children, parents, step-parents, grandparents and spouse of employee, separately or in any combination thereof.

(6) "Invitation to Bid" means a competitive Offer to bid on Surplus Property available for public sale and is also known as a bid advertisement.

(7) "Not-for-profit organization" is defined in ORS 279A.250(2) and means a nonprofit corporation as defined in ORS 307.130.

(8) "Photographic Identification" means a document that shows the bearer's current name, address, and photographic portrait.

(9) "Political Subdivision" includes divisions or units of Oregon local government having separate autonomy such as Oregon counties, cities, municipalities or other public corporate entities having local governing authority.

(10) "Private Not-for-Profit Agencies" means those Agencies meeting the criteria specified in the Oregon Administrative Rules.

(11) "Property" is defined in ORS 279A.250(3) and means personal property.

(12) "State agency" is defined in ORS 279A.250(4) and means every state officer, board, commission, department, institution, branch or agency of state government whose costs are paid wholly or in part from funds held in the State Treasury, and includes the Legislative Assembly and the courts, including the officers and committees of both, and the Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices.

(13) "Surplus Property" means all personal property, vehicles and titled equipment property received by the Department as surplus from federal government units, state agencies, local governments, and special government bodies for sale to state agencies, political subdivisions of the State, and private not-for-profit organizations or the general public or any combination thereof.

Stat. Auth.: ORS 283.060, 279A.065(5)(a), 279A.070
Stats. Implemented: ORS 279A.250
Hist: DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05; Renumbered from 125-246-0700, DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08

125-050-0200

Disposition and Accounting of State Owned Property

State Agencies shall follow Oregon Accounting Manual Policy 15.55.00.PO or other state policy when removing, transferring, recycling, scrapping or otherwise disposing of Property in their possession that was purchased with state funds.

Stat. Auth.: ORS 279A.260(f), 279A.070
Stats. Implemented: ORS 279A.260
Hist: DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08

125-050-0300

Eligibility of State Agencies, Political Subdivisions and Non-Profit Organizations

Prior to offering Surplus Property for public sale, the State Surplus Property Program must make Surplus Property available to the following:

(1) State Agencies;

(2) Political subdivisions of the State; and

(3) Any non-profit organization qualified to acquire federal donation property pursuant to OAR 125-035-0045 or determined by the Department to be eligible under criteria established by the Department.

Stat. Auth.: ORS 283.060, 279A.065(5)(a), 279A.070
Stats. Implemented: ORS 279A.260
Hist,: DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05; Renumbered from 125-246-0710, DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08

125-050-0310

State Surplus Property Acquisition

(1) Recipients of state Surplus Property must have funds available at the time property is acquired, and pay all costs and charges incidental to the acquisition within thirty (30) calendar Days from the date of invoice. Invoices outstanding in excess of ninety (90) Days may result in suspension of purchasing privileges until such invoices have been paid in full.

(2) Surplus state property must be available for warehouse floor sale or direct transfer to state Agencies, political subdivisions and qualified non-profit organizations prior to public sale. Non-qualifying private entities and private citizens, separately or combined, must not be eligible to acquire surplus state property except at public sales.

(3) State Surplus Property acquired by state agencies, political subdivisions, or qualified not-for-profit organizations through warehouse floor sales or direct transfers must be used only in the conduct of their official public programs. State Surplus Property must not be acquired through warehouse floor sales or direct transfer for any use or purpose other than conduct of their official public programs, and not for resale or distribution unless otherwise pre-approved by the Department.

Stat. Auth.: ORS 279A.065(5)(a), 279A.070
Stats. Implemented: ORS 279A.260, 279A.280
Hist,: DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05; Renumbered from 125-246-0720, DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08

125-050-0400

Public Sales for Disposal of State Surplus Personal Property

(1) Conduct. The Department must conduct public sales for the disposal of state Surplus Property. Methods of disposal may include, but not be limited to: internet auctions, oral auctions, sealed bid sales and fixed price retail sales, separately or in any combination thereof.

(2) Eligibility. Members of the general public may participate as buyers at public sales. No employee whether full-time, part-time, temporary or unpaid volunteer, of the Department, member of the employee's household, the employee's immediate family, or any person acting on the employee's behalf may participate in public sales if the employee has had any role in declaring the item surplus, processing the item or related paperwork, or offering it for sale. No employee of the Property Distribution Center's programs, or members of the employee's immediate family, or any person acting on the employee's behalf, may purchase items offered through any public sales regardless of whether such employee had a role in declaring the item surplus, in processing the item, or in offering it for sale.

(3) Public Sales:

(a) Auctions: The Department may offer Surplus Property for public sale through an Internet auction provider, by public outcry auctions and by sealed bid auctions.

(A) Internet Auctions:

(i) Public bidding terminals may be made available during posted public hours at the Department's Property Distribution Center. The public may inspect Property offered for sale at the time and place specified in the public Invitation to Bid;

(ii) The Department reserves the right to reject any and all bids regarded as not in the best interests of the State;

(iii) All items must be sold to the highest bidder.

(B) Public Outcry and Sealed Bid Auctions:

(i) The Department must advertise the date, time and location of public auction or sealed bid sales. A public Invitation to Bid must be available at the Property Distribution Center or auction site one week before an auction or sealed bid sale. The public may inspect property offered for sale at the time and place specified in the public Invitation to Bid;

(ii) The Department reserves the right to reject any and all bids regarded as not in the best interests of the State;

(iii) All items must be sold to the highest bidder;

(C) Terms and Conditions Regarding Advertisement of Auction Property;

(i) Except as set forth in paragraph (v)(I) and (v)(II) of this section (3), all Property must be offered "As-Is" and "Where-Is" with no warranty or other guarantee as to its condition or fitness for any use or purpose;

(ii) Items purchased that were originally offered as "Working Condition Unknown" shall not be refunded except as described in paragraph (v)(I) and (v)(II) of this section.

(iii) Terms and conditions of the sale must be made a part of the Internet posting or auction advertisement. By bidding, a potential purchaser is confirming their acceptance of the terms and conditions as set forth and published in the posting.

(iv) A purchaser or disappointed bidder must have no recourse against the Department, Agency or any of their respective officers, employees or agents.

(v) Except as as set forth in (I) and (II) of this section, all sales must be final.

(I) The Department may offer to warranty items as to the accuracy of the item description as stated in the bid offering. The Department Surplus Property Manager may grant dispensation from completing the transaction before payment is made or offer full or partial refund if payment has been received. Any dispensation or refunds granted shall be at the sole discretion of the Department Surplus Property Manager.

(II) The Department may establish a return or refund policy for items where the buyer does not wish to retain or pick up items which have been fully paid for. The Department may establish a re-stocking fee equal to a percentage of the original purchase price of the item and/or a flat fee. Fees and limits will be set by the Department Surplus Property Manager, published in Department Surplus Property Program policy, published on the program's Website and shall be determined in correlation with sales expenses.

(b) Fixed Price Public Sales: The Department may establish sales of personal property directly to the public at a fixed price. Every effort must be made to ensure direct sales are fair and equitable.

(4) Payment:

(a) For Internet Auctions, full payment must be made within the time specified in the public Invitation to Bid or otherwise established in program policy.

(b) For Public Outcry and Sealed Bid Auctions, the time limit for making full payment, and the place where payment must be made will be specified in the Invitation to Bid;

(c) The Department reserves the right, in its absolute discretion, to refuse any tender of payment by personal check and, further, the right to require that payment be made by designated credit cards, cash, cashier's check, bank wire transfer or money order;

(d) The Department reserves the right to collect and retain the name, address and phone number of the buyer as a condition for completion of the sales transaction. The Department may require the buyer to sign the bill of sale as acceptance of the terms and conditions for the sale as set forth in the bid offering and published policies. The Department shall not sell or otherwise disperse sale information beyond fulfillment of a duly submitted public records request under ORS 192. All record of sales, including the buyer's name, address and phone number shall be secured and destroyed according to established record retention guidelines and policies.

(5) Claiming Items Purchased:

(a) Items not paid in full by the time specified in the sales terms and conditions must be canceled;

(b) Property paid for, but not claimed within the time specified in the sales terms and conditions shall be considered abandoned and ownership shall default to the State unless prior written approval is obtained by the purchaser is obtained from the Department;

(c) Title to Property sold must be transferred to the purchaser when full and final payment is made, unless otherwise specified by the Department. For vehicles, receipt of payment of the sale price and delivery of key to the purchaser constitutes delivery and possession. Titles to vehicles must be transferred upon receipt of full payment. The Department rejects any liability once a purchaser takes possession of a vehicle;

(d) Motor Vehicles Division trip permits are required to drive unlicensed motor vehicles within the state of Oregon and must be available at the Property Distribution Center. A purchaser of a vehicle must certify that the driver of the vehicle has a valid driver's license and is insured as required by Oregon law before a trip permit can be issued. A representative of the program shall explain the requirements for trip permits and facilitate the purchasing of a trip permit to all vehicle purchasers. Should the vehicle purchaser refuse, the Department may require the purchaser sign a waiver documenting the offer and refusal.

(6) Failure to Comply. The Department may establish criteria to debar participants from auctions and other state sales pursuant to this Rule. Such criteria must be based on:

(a) Conviction of fraud;

(b) Unsatisfactory Internet auction service ratings;

(c) Failure to claim purchases; or

(d) Other documented activities determined by the Department to warrant debarment. Based upon these criteria, the Department may debar participants from auctions and participation in other state sales.

(d) The Department may, at its sole discretion, reinstate disbarred participants. The Department may charge a reinstatement fee to recover revenues lost due to the disbarred participant's prior actions.

Stat. Auth.: ORS 279A.065(5)(a), 279A.070
Stats. Implemented: ORS 279A.280
Hist,: DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05; Renumbered from 125-246-0730, DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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