CHAPTER 43 –SURPLUS PROPERTY

 

SUBCHAPTER 43A - STATE SURPLUS PROPERTY AGENCY

 

SECTION .0100 - GENERAL PROVISIONS

 

01 NCAC 43A .0101          SCOPE

This Subchapter shall apply to entities engaging in the sale, purchase, or transfer of surplus property through the State Surplus Property Agency.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. June 1, 2007.

01 NCAC 43A .0102          DEFINITIONS

For the purposes of this Chapter, the following definitions apply:

(1)           "Employee" includes full-time exempt and non-exempt, part-time, temporary, and permanent employees of a state agency as defined in G.S. 143-64.02.

(2)           "Fair Market Price" means the agreed price, that price on which the seller, the State Surplus Property Agency and the buyer agree.

(3)           "Immediate Family" means spouse or children/stepchildren under the age of 18.

(4)           "SSPA" means the State Surplus Property Agency.

(5)           "State-Owned" means in the possession of the State of North Carolina and purchased with State funds, property donated to the State, or property purchased with other funds that give ownership of the property to the state.

(6)           "Surplus Property" means property no longer needed by a State agency.

(7)           "Non-Profit Tax Exempt organization" is defined in G.S. 143-64.02.  Note that not all Non-Profit Tax Exempt organizations are eligible to use the services of the State Surplus Property Agency.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. July 1, 2007;

Amended Eff. April 1, 2009.

 

SECTION .0200 – STATE SURPLUS PROPERTY

 

01 ncac 43a .0201          SENSITIVE AND CONFIDENTIAL DATA

The owning agency shall clear and destroy all data from surplus items prior to disposal.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. April 1, 2009.

 

01 ncac 43a .0202          Compressed GASES, FLAMMABLE, NUCLEAR, CHEMICAL, BIOLOGICAL, RADIOACTIVE, AND OTHER HAZARDOUS MATERIALS

(a)  The State Surplus Property Agency does not accept equipment or containers that contain compressed gases, or flammable, nuclear, chemical, biological, radioactive or other hazardous materials.  Any container or equipment that has contained any of these materials must be rendered and declared safe by the owning agency, and a statement to this effect included in the item description when a disposal or sale of the item is requested.  Any container or equipment that has been rendered and certified safe shall have labeling removed that would indicate that the container or equipment is contaminated or contains any of these items.

(b)  All laws and regulations must be followed and proper disposal documentation recorded with various regulatory federal, state and local agencies for the transport, sale or disposal of items described in Paragraph (a) of this Rule.

(c)  Laboratory equipment may be sold with regulated or non-regulated amounts of materials described in Paragraph (a) of this Rule.  When hazardous materials are contained in a piece of equipment, all pertinent information related to types, amounts and any regulatory requirements shall be included in the item description when entered into the SSP System.  If the equipment contains amounts that are not regulated by any federal, state, or local agency, the description of the equipment shall include the statement "Non-Regulated."  These items shall be sold at the agencies location and not transported to the State Surplus Property Agency.  The owning agency shall ensure all applicable laws and regulations are followed in the transport, sale or disposal of such items.  If a potential buyer is required to be registered with any regulatory agency prior to taking possession of the equipment, the selling agency shall include all requirements in the description of the item and review and approve any required documentation presented by the successful bidder within 48 hours of the opening of the bids.

(d)  Each agency shall contact its safety office and ensure that all federal, state and local regulations have been followed prior to the transport or disposal of items described in Paragraph (a) of this Rule.

(e)  This Rule does not apply to equipment, watercraft, aircraft or vehicles that may contain gasoline, diesel fuel, liquefied propane, liquefied natural gas or other fuels when it is contained within a fuel tank or fuel cell approved by the manufacturer of the equipment, watercraft, aircraft or vehicle.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. April 1, 2009.

 

SECTION .0300 - DISPOSAL OF SURPLUS PROPERTY

 

01 NCAC 43A .0301          TRANSFER OR SALE

The State Surplus Property Agency shall determine the method of transfer, sale, or disposal of all State owned property in the best interests of the State.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. July 1, 2007.

 

01 NCAC 43A .0302          NOTIFICATION OF SURPLUS

State agencies shall notify the State Surplus Property Agency of the Division of Surplus Property of any personal property which is surplus to their needs by entering the necessary information into the electronic State Surplus Property Disposal System.  In doing so, agencies may suggest a fair market price which they desire to receive from any disposition made.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. June 1, 2007.

 

01 NCAC 43A .0303          TRADE-IN

(a)  Agencies desiring to trade-in property for new or replacement property shall gain State Surplus Property Agency approval prior to said trade-in.

(b)  Where an agency solicits competition for the purchase of a new item and it appears that a trade-in may be advantageous, the solicitation shall contain a provision requesting that a trade-in allowance be offered and the agency’s Purchasing Officer shall seek approval from the State Surplus Property Agency prior to the issuance of a purchase order.

(c)  It is the responsibility of the agency to document the advantages to the State of a proposed trade-in.  However, the State Surplus Property Agency shall be the final authority when concluding advantages to the State.

(d)  Advantages other than for cost-effectiveness and ease of disposal shall be considered exceptions, and shall be documented and approved by the agency head prior to submission to the State Surplus Property Agency for final determination.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. June 1, 2007.

 

01 NCAC 43A .0304          ORDER OF PRIORITY IN DISPOSITION

(a)  In the disposition of state surplus property, the State Surplus Property Agency shall give first priority to other agencies of the state for purchase or transfer.  Second priority shall be given to sales to political subdivisions and non-profit tax exempt organizations within the state.  Property thus sold must be for the use of the recipient agency, political subdivision or non-profit tax exempt organization with title being in such agency, unit or organization. 

(b)  All titled vehicles transferred between state agencies must be processed through the State Surplus Property Agency with regard to titles and associated North Carolina Division of Motor Vehicles documents.  Vehicles shall be transferred at fair market price.

(c)  In making transfers over one hundred fifty dollars ($150.00), the price shall be set by the owning agency in consultation with the State Surplus Property Agency.  The price shall be based upon previous sales of similar products on the open market. All transfers of property from or to a receipt-supported agency shall include an exchange of funds.

(d)  State surplus property sold to any political subdivision or non-profit tax exempt organization must be retained by the unit or organization not less than 12 months before disposal.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. July 1, 2007;

Amended Eff. April 1, 2009.

 

01 NCAC 43A .0305          DISPOSAL BY EXECUTIVE ORDER

Notwithstanding 01 NCAC 43A .0304, the Governor, through Executive Order, may direct the disposal of surplus State property by transfer or donation to any North Carolina State agency or political subdivision or to the State Government of any other State within the United States, in response to a declared Federal or North Carolina State Disaster.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. June 1, 2007.

 

01 NCAC 43A .0306          BIDDING AND PURCHASES PROHIBITED BY EMPLOYEES AND IMMEDIATE FAMILY MEMBERS

(a)  To avoid conflicts of interest, bidding on or purchase of state surplus property is prohibited to State Surplus Property Agency employees and their immediate family members.

(b)  All State employees specified as custodian of state property for a state agency, and their immediate family members, are prohibited from bidding on or purchasing the surplus property of the employing state agency.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. July 1, 2007.

 

01 NCAC 43A .0307          PUBLIC SALE

Unless otherwise disposed of, State Surplus Property shall be offered for public sale.  Public sale of weapons is limited to licensed firearms dealers.  Public sale is through sealed competitive bids, competitive bids, electronic bids, auction, and other methods.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. June 1, 2007.

 

01 NCAC 43A .0308          FIRST-COME FIRST-SERVED

State surplus property is available on a first-come, first-served basis.  This applies to retail sales to the general public as well as transfers to state agencies, political subdivisions or non-profit tax exempt organizations.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. June 1, 2007.

 

01 NCAC 43A .0309          REJECTION OF BIDS

(a)  Any and all bids may be rejected.  Bids may be rejected in whole or in part if:

(1)           The bidder has failed to pay for or pick up surplus property awarded;

(2)           The bid is submitted by an ineligible bidder pursuant to Rule .0315 of this Section;

(3)           The bid does not fully comply with the terms and conditions of the request/solicitation for bid;

(4)           The bid is not legible or lacks completeness;

(5)           The bid does not comply with the bid policies of State Surplus Property Agency; or

(6)           Bid rejection is recommended by the State Capitol Police, State Bureau of Investigation, Federal Bureau of Investigation, or other Homeland Security entity.  In such cases, the security entity must provide a written statement requesting rejection and that the recommendation is based on homeland security concerns.  In the event of receipt of a security based bid rejection recommendation, the State Surplus Property Agency shall reject the bid without further supporting documentation.

(b)  If a bid is rejected in whole or part, the subject property may be re-advertised, sold at the highest bidder's amount, the next higher bid accepted, or sale negotiated, in the best interests of the State, without recourse to further bidding.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. July 1, 2007.

 

01 NCAC 43A .0310          RECEIPT OF BIDS

It is the responsibility of the bidder to have the bid properly received in the State Surplus Property Agency by the specified time and date of bid opening.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. June 1, 2007.

 

01 NCAC 43A .0311          INSPECTION OF PROPERTY

Bidders are urged to inspect property prior to submitting bids.  All property is sold "as is" and "where is."  Any property descriptions provided by the State are solely as an aid to identification.  Verbal communications by custodians of property cannot be deemed reliable, and will not be considered by the State Surplus Property Agency.  Reasonable opportunity will be afforded for inspection up to the time for opening bids, but no labor will be furnished for such purpose.  The purchaser assumes all liability for the property after award is made.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. June 1, 2007.

 

01 NCAC 43A .0312          STATE DOES NOT GUARANTEE

The description of the property offered for sale is compiled from available information.  All property is sold "as is" and "where is."  In addition, all property offered for sale or a portion thereof is subject to withdrawal prior to the bid opening date.  A refund or an adjustment will not be made on account of property not meeting expectations, a bidder's failure to inspect prior to sale, or change of condition of property from the time of award to the time of pickup.  Any cost of weighing, packaging, crating, loading or hauling property is assumed by the bidder unless otherwise provided.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. June 1, 2007.

 

01 NCAC 43A .0313          REFUNDS

Refunds or adjustments due to change in condition from time of inspection until time of award are limited to the change in value as determined by the State Surplus Property Officer.  In such cases, the State Surplus Property Officer may remove the property from bid or reverse the award and re-bid the property.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. June 1, 2007.

 

01 NCAC 43A .0314          EXTENSION TO PAY OR REMOVE PROPERTY

Extensions to pay or remove property may be granted under the following conditions:

(1)           The purchaser's inability to pay or remove property was due to the actions or inactions of the State Surplus Property Agency or the custodian of the property, and

(2)           In the case of removal of property, the State Surplus Property Officer determines that space is available.

The purchaser waives all rights to recourse for change in the condition of the property as a condition of the extension.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. June 1, 2007.

 

01 NCAC 43A .0315          FAILURE TO PAY OR REMOVE PROPERTY

(a)  If the successful bidder fails to pay in full for the property by the time and date indicated on the notice of award, the award shall be rescinded, the property resold, and the defaulting bidder shall be charged with loss to the State, if any, together with all expenses of the sale.

(b)  If the successful bidder does not remove the property purchased by the time and date indicated on the notice of award, the State Surplus Property Agency shall retain the purchase price and resell the property a second time and retain all proceeds therefrom.

(c)  Successful bidders who fail to pay shall be ineligible for award of future bids.

 

History Note:        Authority G.S. 143-64.01; 143-64.04; 143-64.05;

Eff. June 1, 2007.

 

01 NCAC 43A .0316          BOND

(a)  The selling agency or the State Surplus Property Agency may require performance bonds for the purchase of commodities.

(b)  The selling agency or the State Surplus Property Agency shall set the amount and terms of the bond.

(c)  Selling agencies shall document the need for performance bonds. 

(d)  Selling agencies shall request a bond release from the State Surplus Property Agency once the requirements of the bond have been met by the successful bidder. 

(e)  Selling agencies shall submit a justification to the State Surplus Property Agency for any retention in whole or in part of the performance bond.

(f)  The State Surplus Property Agency is the final authority on releasing the performance bond.

 

History Note:        Authority G.S. 143-64.01; 143-64.04; 143-64.05;

Eff. June 1, 2007.

 

01 NCAC 43A .0317          DEMOLITION OF STATE BUILDINGS

(a)  The State Surplus Property Agency handles bids and awards of contracts for the demolition of state buildings including those of universities, hospitals, and other state agencies. 

(b)  Requests for bid forms are sent to interested, contractors and are further available upon request.

(c)  The owning agency shall submit the requirements for permits, insurances, performance bonds and any other applicable requirements from local, state or federal authorities regarding the demolition of a state building to the State Surplus Property Agency.

(d)  The successful bidder is responsible for obtaining all necessary permits, insurances, licenses, performance bonds and other requirements to complete the demolition.

 

History Note:        Authority G.S. 143-64.01; 143-64.04; 143-64.05;

Eff. June 1, 2007.

 

01 NCAC 43A .0318          TIMBER SALES, PINESTRAW, AND FOREST COMMODITIES SALES

Timber, pine straw, and other forest commodities owned by state agencies are disposed of by the State Surplus Property Agency on a competitive bid basis.  A request for bid form shall be sent to any interested party upon request as well as to entities on a list maintained by the State Surplus Property Office compiled from individuals who have previously expressed an interest in similar sales.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. June 1, 2007.

 

01 NCAC 43A .0319          SURPLUS WEAPONS AND FIREARMS

(a)  Subject to G.S. 20-187.2, Surplus weapons and firearms possessed by the North Carolina State Highway Patrol, North Carolina Department of Correction, North Carolina State Bureau of Investigation, State Capitol Police, and other non-military armed state security agencies shall be sold through the State Surplus Property Agency upon notification in writing to the State Surplus Property Agency that such weapons or firearms are surplus. 

(b)  The notification shall list each weapon by description and serial number.

(c)  Weapons and firearms are subject to transfer between non-military armed state security agencies.

(d)  The selling agency is responsible for notifying the State Surplus Property Agency of any federal or state restrictions on sale of non-firearm weapons.

(e)  The State Surplus Property Agency, if requested, shall make available to federally licensed firearms dealers a list of firearms to be sold and a statement of the times and locations at which they may be inspected. 

(f)  Surplus weapons and firearms sales shall be made by competitive bids. 

(g)  When payment has been received in full by the State Surplus Property Agency, the State Surplus Property Agency shall authorize the release of the weapons to the successful bidder; provided, however, that no weapons shall be released to any person without the production of satisfactory proof of identification and, in the case of firearms, a valid federal firearms license.

 

History Note:        Authority G.S. 143-63.1; 143-64.01; 143-64.04;

Eff. June 1, 2007.

 

01 NCAC 43A .0320          PAYMENT

All payments must be in the form of cash (retail sales only), cashier's or certified check, postal money order, or other methods as approved by the Department of Administration Fiscal Officer.  Payment for retail sales items must be at the time of purchase.  Payment in full for all other property purchases must be made by the time and date indicated on the notice of award.  Extensions to pay or remove property must be in accordance with 01 NCAC 43A. 0314.  No property may be removed by the successful bidder prior to full payment of the purchase price.  Payments for retail sales shall be made at the retail site where the property is located.  All other payments must be made directly to the State Surplus Property Agency.  Agencies are not authorized to accept payments on behalf of the State Surplus Property Agency.  If an agency releases property prior to receiving documentation that payment in full has been made to the State Surplus Property Agency said agency shall assume all liability related to the release.

 

History Note:        Authority G.S. 143-64.01; 143-64.04;

Eff. June 1, 2007.

 

 

SUBCHAPTER 43B – federal SURPLUS PROPERTY

 

Note from Codifier:  The rules in 01 NCAC 43B were transferred from 01 NCAC 05C by request of the agency effective November 26, 2012.

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

01 NCAC 43B .0101          RESPONSIBILITY

01 NCAC 43b .0102          ORGANIZATION

 

History Note:        Authority G.S. 143‑49; 143‑64.1 to 143‑64.5;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Amended Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995;

Amended Eff. February 1, 1996;

Repealed Eff. June 1, 2007.

SECTION .0200 ‑ STATE SURPLUS PROPERTY

 

01 NCAC 43B .0201          TRANSFER OR SALE

01 NCAC 43B .0202          NOTIFICATION OF SURPLUS

01 NCAC 43B .0203          TRADE‑IN

01 NCAC 43B .0204          ORDER OF PRIORITY IN DISPOSITION

01 NCAC 43B .0205          PUBLIC SALE

01 NCAC 43B .0206          FIRST‑COME: FIRST‑SERVED

01 NCAC 43B .0207          REQUEST FOR BIDS ON STATE SURPLUS PROPERTY

01 NCAC 43B .0208          DISPOSAL BY OTHER MEANS

01 NCAC 43B .0209          REJECTION OF BIDS

01 NCAC 43B .0210          RECEIPT OF BIDS

01 NCAC 43B .0211          EXECUTION OF BIDS

01 NCAC 43B .0212          TELEFAX PROPOSALS (BIDS)

01 NCAC 43B .0213          INSPECTION OF PROPERTY

01 NCAC 43B .0214          STATE DOES NOT GUARANTEE

01 NCAC 43B .0215          DEPOSITS

 

History Note:        Authority G.S. 143‑49;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995;

Repealed Eff. June 1, 2007.

 

01 NCAC 43B .0216          PAYMENT

 

History Note:        Authority G.S. 143‑49;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Repealed Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0217          FAILURE TO PAY

01 NCAC 43B .0218          BOND

01 NCAC 43B .0219          DEMOLITION OF STATE BUILDINGS

01 NCAC 43B .0220          TIMBER SALES AND PINESTRAW SALES

01 NCAC 43B .0221          SURPLUS WEAPONS

01 NCAC 43B .0222          PAYMENT

01 NCAC 43B .0223          SURPLUS PAPER

 

History Note:        Authority G.S. 130A‑309.14; 143‑64.04; 143‑63.1(d); 143‑49;

Eff. August 1, 1992; November 1, 1988; September 1, 1985; February 1, 1976;

Eff. Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995;

Amended Eff. February 1, 1996; November 1, 1988; July 1, 1987;

Repealed Eff. June 1, 2007.

 

01 NCAC 43B .0224          RECYCLABLE MATERIAL

 

History Note:        Authority G.S. 143-64.02; 143-64.05; S.L. Extra Session 1999-463;

Temporary Adoption Eff. April 26, 2000;

Temporary Adoption Expired on February 9, 2001.

 

SECTION .0300 ‑ STATE SURPLUS PROPERTY FORMS

 

01 NCAC 43B .0301          REQUEST FOR BIDS ON SALE OF SURPLUS STATE PROPERTY

 

History Note:        Authority G.S. 150B‑11;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Amended Eff. November 1, 1988;

Transferred from T01-04G Eff. November 1, 1995;

Repealed Eff. June 1, 2007.

 

01 NCAC 43B .0302          TERMS AND CONDITIONS OF SALE OF STATE SURPLUS PROPERTY

 

History Note:        Authority G.S. 150B‑11;

Eff. February 1, 1976;

Repealed Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0303          NOTIFICATION: SALE OF SURPLUS PROPERTY

 

History Note:        Authority G.S. 150B‑11;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Amended Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995;

Repealed Eff. February 1, 1996.

 

01 NCAC 43B .0304          NOTIFICATION: AWARD OF SURPLUS PROPERTY

 

History Note:        Authority G.S. 150B‑11;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Amended Eff. November 1, 1988; July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995;

Repealed Eff. February 1, 1996.

 

01 NCAC 43B .0305          INVOICE: STATE SURPLUS PROPERTY

 

History Note:        Authority G.S. 150B‑11;

Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995;

Repealed Eff. June 1, 2007.

 

SECTION .0400 ‑ FEDERAL SURPLUS PROPERTY

 

01 NCAC 43B .0401          ELIGIBLE INSTITUTIONS

It shall be the responsibility of the state agency for federal surplus property to determine the eligibility of donees under Public Law 94‑519 and applicable federal rules and regulations.  Application blanks are available from the federal property agency upon request and must be properly completed and returned by the applicant.  The individual authorized to obtain property for the donee organization must indicate his name on the application.

 

History Note:        Authority G.S. 143‑64.1 to 143‑64.5;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Amended Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0402          UTILIZATION OF PROPERTY

Federal law requires donable surplus property acquired from the United States government be put into utilization within one year after date of transfer, that the utilization conforms with federal regulations pertaining to this type property and that there exists a recognizable initial need for the property.  Federal surplus property not put in use within 12 months after date of transfer and used for one year thereafter (except as otherwise indicated in 1 NCAC 5C .0403) may be reclaimed by the federal surplus property agency.

 

History Note:        Authority G.S. 143‑64.1 to 143‑64.5;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0403          COMPLIANCE AND UTILIZATION

(a)  The state agency shall effect utilization reviews for compliance by donees with the terms, conditions, reservations and restrictions imposed by the Federal and state Government for any item of property having a unit acquisition cost of five thousand dollars ($5,000) or more and any passenger motor vehicle.

(b)  Compliance reviews shall include a survey of donee compliance with any special handling conditions or use limitations imposed on items of property.

(c)  Compliance reviews shall also include a survey of donee compliance with the statutory requirement that items of donated property acquired by the donee be placed into use within one year of acquisition and used for one year thereafter.  However, for items with a unit acquisition cost of five thousand dollars ($5,000) or more and passenger motor vehicles, regardless of acquisition cost, except vessels 50 feet or more in length and aircraft with a unit acquisition cost of five thousand dollars ($5,000) or more, the following restrictions shall apply:

(1)           Property shall be used only for the purpose(s) for which acquired and for no other purpose(s).

(2)           There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a period of 18 months, after being placed in use, on all passenger motor vehicles and other items of property with a unit acquisition cost of five thousand dollars ($5,000) or more, except for such items as major equipment on which the state agency may designate a further period of restriction of up to three years and so indicates on the distribution document.

(3)           In the event property is not so used or handled as required above, but federal restrictions have expired, title and right to the possession of such property shall, at the option of the state agency, revert to the State of North Carolina and the donee shall release such property to such person as the state agency shall direct.

 

History Note:        Authority G.S. 143‑64.1 to 143‑64.5;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Amended Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995;

Amended Eff. February 1, 1996.

 

01 NCAC 43B .0404          LISTS

 

History Note:        Authority G.S. 143‑64.1 to 143‑64.5;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Repealed Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0405          DETERMINATION OF NEED

(a)  Federal surplus property is available to eligible organizations and is distributed on a fair and equitable basis with a reasonable time being given to allow for acceptance.  The foremost and overriding objective of the state agency is to provide fair and equitable distribution of surplus property available to all eligible participants.  To accomplish this objective, principal consideration will be given to written request showing relative needs, relative resources, and relative ability to fully utilize available property.

(b)  Relative Need.  In determining relative needs of eligible entities, the following factors, among others, will be considered:

(1)           expression of interest by the eligible donee for specific item of property;

(2)           justification of expressed needs defining proposed purposes for use of property;

(3)           indication of whether the needs are continuing or temporary;

(4)           past performance in prompt pick‑up and utilization of property;

(5)           record of previous donations of similar or like items to the donee;

(6)           extraordinary needs created by disasters such as storms, floods, fires, etc.

(c)  Relative Resources.  The following factors may be used in evaluating relative resources of participants who have expressed specific needs:

(1)           availability of funds‑‑whether tax‑appropriated funds, federal or state grants, tuition or charges for service, donations or contributions or other sources;

(2)           assessment of financial ability including data pertaining to budget limitations, inability to purchase from other sources, extraordinary economic problems, per capita income of population, assessed property values, economic ranking, and other appropriate data.

(d)  Relative Ability to Utilize Property.  In determining utilization capability for property needs expressed, the following factors, among others, will be considered:

(1)           statement of utilization potential for requested property,

(2)           plans for continued or temporary use of property,

(3)           capability for repair and maintenance of property.

 

History Note:        Authority G.S. 143‑64.1 to 143‑64.5;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0406          SURPLUS REAL PROPERTY

 

History Note:        Authority G.S. 143‑64.1 to 143‑64.5;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Repealed Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0407          SERVICE CHARGE

The state agency for federal surplus property places a service charge commensurate with its costs on all donated federal surplus property.

 

History Note:        Authority G.S. 143‑64.1 to 143‑64.5;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Amended Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0408          DELIVERY OF PURCHASES

The state agency for federal surplus property will deliver property acquired through its auspices when such delivery is necessary.  The additional costs of transportation will accordingly be billed as part of the service charge in such cases.

 

History Note:        Authority G.S. 143‑64.1 to 143‑64.5;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Amended Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0409          NO CASH TRANSACTIONS

No cash transactions are handled.  All charges must be paid by checks drawn on the recipient agency or institution.

 

History Note:        Authority G.S. 143‑64.1 to 143‑64.5;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995.

 

SECTION .0500 ‑ FEDERAL SURPLUS PROPERTY FORMS

 

01 NCAC 43B .0501          ELIGIBILITY OF DONEES (EDUCATIONAL INSTITUTION)

01 NCAC 43B .0502          ELIGIBILITY OF DONEES (PUBLIC HEALTH INSTITUTION)

01 NCAC 43B .0503          CERTIFICATIONS AND AGREEMENTS

 

History Note:        Authority G.S. 150B‑11;

Eff. February 1, 1976;

Repealed Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0504          FORM OS‑484 (7‑1‑75)

Form OS‑484 (7‑1‑75) is used in requests to alter terms and conditions under which federal surplus property is donated.

 

History Note:        Authority G.S. 150B‑11;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0505          FORM HEW 142A (4‑60)

01 NCAC 43B .0506          FORM OS‑142B (3‑69)

01 NCAC 43B .0507          FORM HEW‑441 (12‑64)

 

History Note:        Authority G.S. 150B‑11;

Eff. February 1, 1976;

Repealed Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0508          AGREEMENT AND ACKNOWLEDGEMENT OF TRANSFER

01 NCAC 43B .0509          AGREEMENT AND ACKNOWLEDGEMENT OF TRANSFER

 

History Note:        Authority G.S. 150B‑11;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Amended Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995;

Repealed Eff. February 1, 1996.

 

01 NCAC 43B .0510          AGREEMENT AND ACKNOWLEDGEMENT OF TRANSFER

 

History Note:        Authority G.S. 150B‑11;

Eff. February 1, 1976;

Repealed Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0511          APPLICATION FOR ELIGIBILITY: PC‑90

PC‑90‑‑Application for Eligibility, is a questionnaire form required to be filled out and approved for all eligible donee institutions.

 

History Note:        Authority G.S. 150B‑11;

Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0512          NONDISCRIMINATION ASSURANCE PC‑159

PC‑159‑‑Non‑Discrimination Assurance is a certification by eligible institutions that compliance with Title VI of The Civil Rights Act of 1964, Section 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975 is being conducted.

 

History Note:        Authority G.S. 150B‑11;

Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Amended Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0513          INVOICE: FEDERAL SURPLUS PROPERTY: PC‑56

PC‑56‑‑Invoice, Federal Surplus Property, is the donee service and handling charges which have been assessed to the donee.

 

History Note:        Authority G.S. 150B‑11;

Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0514          DOCUMENT INVENTORY REPORT: PC‑FS‑61

PC‑FS‑61‑‑Document Inventory Report, is used to record annual inventory report of federal surplus property.

 

History Note:        Authority G.S. 150B‑11;

Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Amended Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0515          EMERGENCY LABOR REPORT: PC‑81

PC‑81‑‑Emergency Labor Report, is used to make official record of any emergency labor used by the federal property agency.

 

History Note:        Authority G.S. 150B‑11;

Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0516          CERTIFICATION AND AGREEMENTS: PC‑FS‑99

PC‑FS‑99‑‑Certification and Agreement, is required for all eligible institutions, certifying that all federal property will be utilized in accordance with the terms and conditions which are printed on the Official Agreement and Acknowledgement of Transfer Document.

 

History Note:        Authority G.S. 150B‑11;

Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Amended Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995.

 

01 NCAC 43B .0517          SASP MONTHLY ACTIVITY REPORT: PC‑94

 

History Note:        Authority G.S. 150B‑11;

Eff. February 27, 1979;

Transferred from T01-05C Eff. November 25, 1986;

Repealed Eff. July 1, 1987;

Transferred from T01-04G Eff. November 1, 1995.