SECTION 260:80-1-25. Compliance and utilization

(a)   The Agent shall employ methods to ensure that donees adhere to property use restrictions and requirements pursuant to provisions of 41 CFR 102-37 and Section 580: 45-1-37.

(b)   For items with an OAC of less than $5,000, at any time during property use restriction or requirement time periods, the Agent may conduct a utilization review to determine whether a donee complies with property use restrictions and requirements for an item.

(1)   The Agent may issue notice or contact a donee and request the donee to provide information or conduct an on-site inspection to determine whether the donee is complying with property use restrictions and requirements.

(2)   The Agent shall record the findings and advise the donee of the findings.

(3)   If the Agent determines that a donee does not meet property use restrictions or requirements, the Agent shall advise the donee of actions the Agent intends to take pursuant to (g) of this Section.

(c)   For items with an OAC of or exceeding $5,000 and passenger vehicles, the Agent shall provide an in-use form to a donee at the time the donee acquires the item.

(1)   The in-use form shall state property use restrictions and requirements.

(2)   A donee shall provide information for the data elements contained in the form and submit it to the Agent. The donee shall advise the Agent the date the donee placed the item in use, the location of the item and how it will be used.

(3)   Following receipt of an in-use form, the Agent shall log information provided by the donee.

(4)   At least once during the time period of property use restrictions and requirements, the Agent shall conduct a utilization review by contact with a donee or an on-site inspection and request the donee to provide information to determine whether the donee complies with the restrictions or special handling limitations imposed by GSA.

(5)   The Agent shall record and advise the donee of the findings.

(6)   If the Agent determines that a donee does not meet property use restrictions or requirements, the Agent shall advise the donee of actions the Agent intends to take pursuant to (g) of this Section.

(d)   For aircraft and vessels, the Agent shall provide an in-use form to a donee at the time of property transfer or when the Agent issues an invoice to the donee.

(1)   The in-use form shall state aircraft and vessel use restrictions and requirements.

(2)   A donee shall provide information for the data elements contained in the form and submit it to the Agent. The donee shall advise the Agent the date the donee placed the aircraft or vessel in use, the location of the property and how it will be used.

(3)   Following receipt of an in-use form, the Agent shall log information the donee provides.

(4)   On an annual basis, the Agent shall solicit information from the donee or perform an on-site inspection to confirm that the donee uses the aircraft or vessel subject to use restrictions and requirements. Whether by request or on-site inspection, the Agent shall acquire photographs of the aircraft or vessel.

(5)   At least once during the time period of aircraft or vessel use restrictions and requirements, the Agent shall conduct a utilization review by on-site inspection, photograph the aircraft or vessel and request the donee to provide information to determine whether the donee is complying with the restrictions and requirements.

(6)   The Agent shall record the findings and retain the findings and photographs in a donee specific compliance file.

(7)   If the Agent determines that a donee does not meet aircraft or vessel use restrictions or requirements, the Agent shall advise the donee of actions the Agent intends to take pursuant to (g) of this Section.

(e)   If the Agent does not receive an in-use form for property received by the donee within 30 days after the property invoice date, the Agent shall issue an in-use reminder form to the donee.

(1)   The in-use reminder form shall advise the donee of actions the Agent may take if the donee fails to submit the form to the agent.

(2)   The in-use reminder form shall state property use restrictions and requirements.

(3)   The in-use reminder form shall contain data elements the donee shall submit to the Agent. The donee shall advise the Agent the date the donee placed the item in use, the location of the item and how it will be used.

(4)   If a donee does not submit an in-use reminder form to the Agent within 30 days of the form issue date, the Agent shall advise the donee of actions the Agent may take pursuant to (g) of this Section.

(f)   If the Agent determines that a donee fails to pay service charges to the Agent within 90 days of property acquisition, the Agent shall advise the donee that failure of a donee to pay service charges within 180 days will cause the Agent to perform actions pursuant to (g) of this Section.

(g)   If the Agent determines that a donee fails to adhere to property use restrictions and requirements, including nonpayment of service charges after 180 days of property acquisition, the Agent shall document actions the Agent took to attempt to bring the donee into compliance and report donee noncompliance to GSA. The Agent shall coordinate subsequent actions with GSA in accordance with provisions of 41 CFR 102-37.480 through 102-37.495.

(1)   The Agent will promptly remit funds derived by the Agent from enforcement of compliance efforts to GSA for deposit into the Treasury of the United States. The Agent shall provide supporting documentation to indicate the source of the funds and essential background information.

(2)   The Agent shall retain funds derived from compliance actions involving violations of state-imposed use restrictions.

(h)   If the Agent finds evidence that an agency employee engaged in unethical, fraudulent or illegal acts, the Agent shall advise GSA and, if applicable, local law enforcement authorities with appropriate jurisdiction and coordinate subsequent actions with them as required.

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