SECTION 260:80-1-13. Return of donated property

(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.

(e)   Abandonment and destruction. Unusable property items in the possession of a donee may only be abandoned or destroyed when the Agent makes a written finding that the property has no commercial value or the estimated cost of its continued care and handling would exceed the estimated proceeds from its sale. The finding shall be written in accordance with 41 CFR 102-37.320 and submitted to GSA for approval. GSA will notify the Agent within 30 calendar days as to whether the Agent may abandon or destroy the property. GSA will provide alternate disposition instructions if it disapproves the Agent's request for abandonment and destruction of the property. If GSA does not reply to the Agent's request within 30 calendar days of notification, the property may be abandoned or destroyed. However, the Agent shall further consult GSA for guidance regarding prior public notice of proposed abandonment or destruction actions. The Agent shall also prepare and retain certification documentation as directed by GSA to account for the physical abandonment or destruction action. The certification document must be signed by the Agent and an employee of the Agent who witnessed the actual abandonment and destruction action of the item(s) referenced in the document itself.

(f)   Failure of donee to follow property return instructions. If an item is usable and the donee fails to adhere to instructions the Agent provides for return, transfer or disposal of the item, the Agent shall attempt to retrieve the item with retrieval expenses to be borne by the donee. If the Agent is unable to retrieve the item, the Agent shall utilize the provisions of (g) of Section 580: 45-1-45 to notify GSA of donee noncompliance.

(g)   Donee credit and reimbursement.

(1)   Donee reimbursement for unused property. When a donee acquires property from the Agent and believes it to be unsuitable for the intended purpose, the Agent may authorize the donee to return the item to the Agent for a determination of the amount of the credit due to the donee. The return credit shall not exceed the original service charge for the item. The Agent shall utilize the table shown below to determine the return credit for an "unused" item if the item is in the same condition as at the time of acquisition:

(A)   Returned within 30 days - Up to 100% Credit

(B)   Exceeding 30 to 60 days - Up to 90% Credit

(C)   Exceeding 60 to 90 days - Up to 75% Credit

(D)   Exceeding 90 to 180 days - Up to 50% Credit

(E)   Exceeding 180 days - As determined by the Agent

(2)   Donee reimbursement for used property. When a donee no longer has a need or use for donated property and there has been no breach of the terms and conditions of the donation or special handling conditions or use limitations imposed by GSA, the donee may be reimbursed on a prorated basis for the following expenses:

(A)   Service charge paid to the Agent;

(B)   Transportation charges paid by the donee in initially acquiring the property; and

(C)   Initial costs of repairs required to make the item usable. If the donee has incurred repair expenses for property it is returning to the Agent, it will inform the Agent. The donee will provide the Agent documentation to substantiate the amount claimed for the cost of initial repairs to make the returned item usable. The donee may be reimbursed for all or part of the initial cost of repairs required to make the item usable if:

(i)   The property is transferred to a federal agency or sold for the benefit of the United States Government:

(ii)   No breach of the terms and conditions of donation has occurred; and

(iii)   GSA authorizes the reimbursement.

(D)   Reimbursement amount recommendations for used property. The Agent shall recommend for GSA approval the amount of reimbursement that takes into consideration the benefit the donee has received from the use of returned property and making appropriate deductions for that use. Reimbursement is not authorized unless the used item was placed into use by the donee within 1 year of its receipt. However, in cases where used returned property is sold, reimbursement shall not exceed the proceeds of the sale of the item. When making a reimbursement recommendation to GSA for used property, the Agent will provide the following information:

(i)   Indicate whether or not the item was placed into use by the donee within 1 year of receipt; and

(ii)   Item restriction period; and

(iii)   The number of months the property was actually used by the donee; and

(iv)   The item's total service charge and initial transportation and repair costs (if applicable.)

(E)   GSA will approve, revise or disapprove the recommended reimbursement amount to be allowed a donee based on an internal computational method that considers the item's individual period of restriction, number of months utilized and the total of the service charge, initial transportation costs and repair costs (if applicable.)

[Source: Added at 31 Ok Reg 1482, eff 9-12-14]