Or. Admin. Code § 125-035-0030 - Terms and Conditions on Donated Property

(1)

(a) The SASP shall require each donee, as a condition of eligibility for receiving allocation(s) of Federal surplus property, to file with the SASP an application, certification and agreement form establishing the terms, conditions, reservations and restrictions under which all Federal surplus property shall be allocated by SASP to the donee. Each form must be signed by the Chief Executive Officer of the donee agreeing to such terms, conditions, reservations and restrictions prior to the allocation of any Federal surplus property to the donee. The certifications and agreements, and the terms, conditions, reservations and restrictions shall be printed on the reverse side of each SASP property issue and invoice document. The SASP shall make it an express term of all donation agreements that all donees comply with the statutory requirement that all property acquired by donees must be placed into use within one year of donation and be used for one year thereafter. The SASP property issue and invoice document is included in the attachments to this plan (Exhibit 3);

(b) The following periods of restriction are established by the SASP on all items of Federal surplus property with a unit acquisition cost of $5,000 or more, and on all passenger motor vehicles:

(A) All passenger motor vehicles -- 18 months from the Federal surplus date the property is placed in use by the donee.

(B) Items with a unit acquisition cost of $5,000 or more --18 months from the date the Federal surplus property is placed in use, except for such other items of major equipment on which the SASP and General Services Administration may designate a further period of restriction;

(C) Aircraft (except combat type) and vessels (50 feet or more in length) with a unit acquisition cost of $5,000 or more -- 60 months from the date the Federal surplus property is placed in use. Such donations shall be subject to the requirements of the Conditional Transfer Document (Exhibits 4 and 5);

(D) Aircraft (combat type) -- restricted in perpetuity. Donation of combat type aircraft shall be subject to the requirements of a Conditional Transfer Document (Exhibit 6).

(E) Foreign Gifts -- Ten years from the date the gift or decoration was placed in use by the donee as stated in the Donee Letter of Intent.

(c) The SASP may reduce, for good and sufficient reasons, the period of restriction on items of Federal surplus property described in subparagraphs (b)(A) and (b)(B) of this section, at the time of donation but in no event shall the period of restriction be less than 18 months from the date the Federal surplus property is placed in use by the donee (e.g., condition of the Federal surplus property, or the proposed use, secondary, cannibalization, etc.) (Exhibit 7);

(d) The SASP, at its discretion, and when considered appropriate, may impose such terms, conditions, reservations and restrictions as it deems reasonable on the use of donated Federal surplus property other than items with a unit acquisition cost of over $5,000 or more, and passenger motor vehicles.

(2)

(a) The SASP may amend, modify, or remove any term, condition, reservation or restriction it has imposed on the donee of Federal surplus property in accordance with the standards prescribed and in accordance with the enclosed standards (Exhibit 7), provided that the conditions pertinent to each situation have been demonstrated to the satisfaction of the SASP and made a matter of public record by the SASP.

(b) The SASP shall impose on the donation of any item of Federal surplus property, regardless of unit acquisition cost, such special handling or use limitations as the General Services Administration may determine necessary because of the characteristics of the property. Use restrictions imposed by General Services Administration shall not be removed by the SASP without prior General Services Administration concurrence.

(c) The SASP shall make it an express term of all donation agreements that all donees comply with the statutory requirement that all items donated must be placed into use within one year of donation and be used for one year after being placed in use. If not so used, the property shall be returned to the SASP if it is still usable, or otherwise handled in accordance with the provisions of OAR 125-035-0020 of this plan.

Notes

Or. Admin. Code § 125-035-0030

GS 3-1984, f. 6-29-84, ef. 6-30-84; GS 1-1994, f. & cert. ef. 11-1-94

The Exhibits referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.