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additional terrns and conditions deemed desirable and appropriate. § 13.12 Insurance.
(a) It is not the Department's policy to require State Agencies to carry insurance as a condition of acquiring Federal surplus personal property for distribution to eligible donees. However, where a State Agency carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to Federal surplus personal property occurs, the Department will be entitled to reimbursement from the State Agency of the fair value of the damaged or destroyed Federal property, payable from the insurance proceeds, less the State Agency's actual cost of acquiring and rehabilitating the property prior to its damage or destruction.
(b) It is not the Department's policy to require donees to carry insurance as a condition of donation. However, where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to donated Federal surplus personal property, with unexpired Federal restrictions, occurs, the Department will be entitled to reimbursement by the donee, from the insurance proceeds, of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items.
Definitions. (a) "Accountability" means the obligation imposed by law or lawful order of regulation on a State agency or individual(s) for keeping accurate records of property and/or funds. The person having this obligation may or may not have actual possession of the property or funds. Accountability is concerned primarily with records, while responsibility is concerned primarily with custody, care, and safekeeping.
(b) “Act" means the Federal Property and Administrative Services Act of 1949, Public Law 152, 81st Congress (63 Stat. 377), as amended (40 U.S.C. 471 et. seq.). Terms defined in the Act and not defined in this section shall have in this part the meaning given to them in the Act.
(c) “Department" means the Department of Health, Education, and Welfare.
(d) “Donable property" means surplus equipment, materials, books, or other supplies under the control of any executive agency (including surplus property in working capital funds established pursuant to 10 U.S.C. 2208 or in similar management-type funds) except:
(1) Such property as may be specified from time to time by the Administrator of General Services;
(2) Surplus agricultural commodities, food, and cotton or woolen goods determined from time to time by the Secretary of Agriculture to be commodities requiring special handling in order to assist him in carrying out his responsibilities with respect to price support or stabilization;
(3) Property in trust funds.
(e) “Need” means a requirement for anything usable and necessary by eligible applicants in the conduct of educational, public health, or civil defense activities.
(f) “Overage" means the excess occurring upon the receipt of a larger number of a specific item or a larger number of items than either (1) approved on an “Application for Donation of Surplus Personal Property," Standard Form 123, or (2) listed on a shipping document. "Overage” also means the larger quantity of a single item or a larger number of items than shown by stock records upon inventory verification.
(g) "Screening" is the process of physically inspecting, and/or reviewing lists or reports of property for the purpose of submitting lists of property with findings and recommendations to the
PART 14MINIMUM STANDARDS OF
OPERATION FOR STATE AGENCIES
FOR SURPLUS PROPERTY Sec. 14.1 Definitions. 14.2 Basic policy. 14.3 Geographic scope. 14.4 Organization. 14.5 Plan of Operations. 14.6 Books and records. 14.7 Service charges and funds. 14.8 Audits. 14.9 Handling of property. 14.10 Eligibility. 14.11. Utilization and compliance responsi
bility. 14.12 Assistance to the Department. 14.13 Nonconformance. 14.14 Amendments. 14.15 Temporary suspension,
AUTHORITY: The provisions of this Part 14 issued under sec. 203, 63 Stat. 385; sec. 4, 64 Stat. 579; 69 Stat. 83; 70 Stat. 493; 40 U.S.C. 484(1): 44 CFR 55.35.
SOURCE: The provisions of this part 14 appear at 32 F.R. 9167, June 28, 1967, unless otherwise noted.
Department for its information and 8 14.5 Plan of Operation. guidance in determining whether prop
(a) Each State Agency shall submit erty that is surplus or which is expected
to the appropriate regional office of the to become surplus is usable and neces
Department for its approval at least sary for health, educational, or civil
three signed copies of its Plan of Operadefense purposes.
tion which shall conform to the provi(h) "Service charge" means the fee
sions of this part, and Parts 12 and 13 assessed by a State Agency against the
of this subtitle. Such Plans shall be in donee when distributing surplus prop
effect and shall be binding upon the erty under section 203(j) of the Act.
State Agency beginning with the date (i) “Shortage" means the deficiency
of approval by the Department. No allooccurring upon the receipt of a smaller
cations of donable property shall be number of a specific item or a smaller
made to such State Agency, and no donumber of items than either (1) ap
nable property shall, except as directed proved on an “Application for Donation
by the Department, be distributed by of Surplus Personal Property,” Stand
such State Agency under section 203 of ard Form 123, or (2) listed on a shipping
the Act, if it is determined by the Dedocument. “Shortage” also means the
partment that the State Agency is not smaller quantity of a single item or a operating in conformance with the Desmaller number of items than shown by partment's regulations. No subsequent stock records upon inventory verification. amendments to, nor modifications of,
(j) "State Agency" means the agency approved Plans shall be placed in effect designated by State statute or executive without prior approval of the Departorder to make the certifications concern
ment. Approval of a Plan of Operation ing, and distribution of, donable property
shall not be effective for a period in to eligible applicants within the State as
excess of 5 years from the date of ap
proval. The Department may approve provided for in section 203(j) of the Act.
Plans, or parts thereof, for lesser periods [32 F.R. 9167, June 28, 1967, as amended at
of time, as determined by the Depart33 F.R. 17787, Nov. 28, 1968)
ment in each case. Each State Agency $ 14.2 Basic policy.
shall, not later than 90 days following
the effective date of any change in the It is the policy of the Department to strengthen, and promote the improve
Department's regulations which affects
a State Plan, submit to the appropriate ment of operations of State agencies so
regional office for its approval, at least as to achieve maximum effectiveness, effi
three copies, executed by the responsible ciency, responsibility and equity in the
official(s), of all sections of its State distribution and utilization of surplus Plan amended to conform with the property for health, educational, and civil changes in the Department's regulations. defense purposes.
Sixty days prior to the expiration date [33 F.R. 17787, Nov. 28, 1968)
of a State Plan of Operation the State
Agency shall submit to the appropriate & 14.3 Geographic scope.
regional office a complete new Plan or This part is applicable to States within supplements as appropriate, or request the United States, the District of Colum- by letter to the regional office that the bia, the Commonwealth of Puerto Rico, existing Plan be approved for an addiand the territories and possessions of
tional 1 to 5 years. the United States.
(b) The Plan of Operation shall con
form to the State plan format prescribed § 14.4 Organization.
by the Department in its Surplus Prop(a) Each State Agency shall be ad- erty Utilization Manual and include the ministered under the direction and su- following: pervision of a chief executive officer who (1) Copies of State statutes and/or shall be responsible for carrying out all executive orders establishing the State phases of the State's program in accord- Agency and its authority to: ance with the approved Plan submitted (i) Acquire, warehouse, and distribute pursuant to $ 14.5.
donable personal property to eligible or(b) Each State Agency shall maintain ganizations under section 203 of the Act a staff adequate to enable it to carry and to execute the certifications and out the program as set forth in its ap- agreements required by that section of proved Plan of Operation.
the Act and the Federal Government.
(ii) Assess and collect service charges of “the executive head of each State from eligible participating organizations Agency” shall be construed to apply to if such charges are contemplated.
“the executive head of each State De(iii) Enter into cooperative agree- partment or instrumentality in which ments as provided for by section 203 (n) the surplus property program is located." of the Act, if the State Agency contem- (ii) Chart(s) showing (a) organizaplates entering into such agreements. tional units of the State Agency; (b)
(iv) Where express statutory author- functions of such units; and (c) major ity does not exist or is ambiguous, or lines of supervisory authority. where authority exists by virtue of ex- (4) Procedures for accounting for ecutive order, the State Agency Plan surplus property allocated, received, shall also include the opinion of the warehoused, and distributed. These must State's Attorney General as to the exist- include the following: (1) Provision for ence of such authority.
recording and reporting shortages and (2) A statement of:
overages of property both when it is (1) The agency's authority for the de- taken into State Agency custody and at posit and investment of service charge the time of inventory verifications; (ii) funds;
provision for periodic verification of (ii) The types of depositories and/or property on hand (at least annually); investments of such funds;
(iii) provision for any necessary adjust(iii) Authority for the disbursement of ments to inventory records and/or stock funds and the liquidation of investments; record cards at least annually and upon
(iv) The agency's authority for the ob- written authority by the Agency Direcligation and expenditure of service tor: (a) A file shall be maintained by the charge funds to acquire title to, or make State Agencies covering all adjustments advance rental payments for, distribution with justifications therefore, and be center and office facilities;
made available for inspection by any (v) Provision for the submission of a authorized Federal official; (b) such liquidation plan for the Department's ap- justification shall, as a minimum, reproval when & determination has been flect that all reasonable efforts have been made to liquidate the State agency. The expended to ascertain when, where, how, plan to be submitted at time of liquida- or why the property is missing, damaged tion must include, but not be limited to, or otherwise unaccounted for; and (c) the following:
regional offices shall be furnished a copy (a) Authority for liquidating the of the adjustment to inventory records, agency;
with justification, at the time the ad(b) Time schedule for liquidating the justment is made, on any item of propagency, including a date by which the erty having an acquisition cost of $2,500 agency shall be completely liquidated; or more; (iv) a means of tracing prop
(c) Method for disposing of Federal erty from receiving documents to dissurplus property on hand;
posal documents; and (v) a system of (d) Provision for the liquidation of readily determining the quantity of variagency assets;
ous types of property donated to individ(e) Provision for preparing and sub- ual donees. mission of accounting records and finan- (5) An explanation of how service cial reports showing the receipt and dis- charges are determined. This shall inbursement of funds;
clude a maximum charge not in excess of (f) Provision for the maintenance, re- $500 for any single item to cover indirect tention, and retirement of records beyond administrative expenses. In addition to the date of final liquidation which would the $500 service charge for any single be made available for inspection by any item, State Agencies for Surplus Property authorized Federal official.
may collect direct expenses for labor in (3) (i) A provision that the State removing installed equipment, packing agency will comply with the methods of and crating, loading, transportation, readministration set forth in the Standards habilitation, and delivery of property to for a Merit System of Personnel Admin- the donee. Charges in excess of the above istration, issued by the Department of must be justified in writing and be apHealth, Education, and Welfare, the De- proved by the Department in advance of partment of Labor and the Department billing the donee on an individual case of Defense, 45 CFR Part 70. The provision basis. for State option to exempt from the ap- (6) Procedure for ascertaining the plication of the Standards the position eligibility of applicants.
(7) Procedure for establishing the authority of representatives of eligible donees to receive surplus property and execute the required certifications and agreements on behalf of applicants.
(8) Procedure for determining the need and usability of surplus property by eligible organizations and the fair and equitable distribution thereof; such procedure must include: (1) Provisions for visits with at least 25 percent of the donees who are eligible but who have not received any surplus property during the past 12 months (this requirement can be satisfied by having the institutions' representatives visit the State Agency Distribution Center; explaining the donation program at group meetings, conferences, or seminars conducted by donation personnel; personal letters or telephone conversations with, or visits to the institutions for the purpose of explaining the program); (ii) the periodic circularization of information about the donable property program to all eligible donees at least once each year; and (iii) a continuing review of the records of property distributed to donees to insure that all such property is distributed on an equitable basis and that such property is useful and needed by the recipient.
(9) Procedure for obtaining the certifications and agreements required by $$ 13.6(b) (1), (2) and (3), 13.9, and 13.10 of this subtitle.
(10) Procedure for utilization surveys at educational and health institutions to ascertain that property with a single item acquisition cost of $2,500 or more, donated to them, is being used in accordance with their certifications and agreements. This pr ure shall include provision for reports on such surveys.
(11) Samples of all forms used by the State Agency.
(c) The effective date for compliance with the provisions of paragraph (b) (3) (i) of this section shall be on the 90th day following the effective date of this regulation, except that in those States in which legislative authorization is required to enable such State Agency to comply with said provisions, the effective date for compliance shall be 90 days after the close of the State's next regular session of its legislature following the effective date of this regulation. 132 F.R. 9167, June 28, 1967, as amended at 33 F.R. 17787, Nov. 28, 1968; 35 F.R. 1108, Jan. 28, 1970
Books and records. (a) The fiscal accounting of the State Agency shall be accomplished by a double entry system. The system shall contain a chart of accounts, a general ledger with accounts for all assets, liabilities, income, and expense, and journals, or their equivalent, for the original record of transactions. Accounting records shall be maintained in a manner that will identify and separately account for funds accumulated from service charges against donee institutions and organizations.
(b) Financial records and all other books and records of the State Agency shall be subject to inspection by representatives of the Department.
(c) Each State Agency shall maintain accurate accountability records of all donable property approved for transfer to the State Agency and donable property received, warehoused, and distributed by it. Accountability records of all single items having an acquisition cost of $2,500 or more shall be kept separate from those of lesser amounts.
(d) Records and documents pertaining to the eligibility of donee institutions and organizations shall be mair ned in the form and manner prescribed by the Department.
(e) All official records of the State Agency shall be kept for a minimum period of 5 years. However, records pertaining to property containing restrictions for more than 4 years shall be kept 1 year beyond the specified periods of restrictions. In those cases where property is in compliance status at the expiration of the period of restriction the records will be retained for at least 1 year after the compliance case has been closed. $ 14.7
Service charges and funds. (a) Service charges, as a whole, for the care and handling of donable surplus property shall be limited to the amount necessary to pay actual expenses of current operations and to purchase necessary equipment, plus the accumulation and maintenance of a working capital reserve. The service charge assessed by a State agency for the transfer of donable surplus property shall be reasonable in relation to costs incident to transfers.
(b) A State Agency's working capital reserve shall be computed as follows:
(1) Add together the following items of current assets:
(i) Cash on hand and in depositories;
(ii) Investments (readily convertible into cash);
(iii) Accounts receivable.
(2) From the total of the above described current assets, deduct all liabilities that are due (including installments that fall due) within 1 year, and any obligations represented by funds not accumulated from service charges which are required to be returned eventually to the source from which they were derived.
(c) The working capital reserve shall not exceed an amount equivalent to the actual cost of operation during the immediate past fiscal year except with the written approval of the Department.
(d) Integrity of funds accumulated from service charges against donee institutions and organizations, including income accruing from their investments shall be maintained, and such funds shall be used only for the operations of the Surplus Property Utilization Program and shall not be available for any other purpose. Records and accounts shall be maintained by the State agency of monies expended for the construction of warehouses, the purchase of fixtures, equipment, trucks, etc., for State agency operations from service charge funds. When any of this property is no longer needed it shall be disposed of by trading the item for a like item, by public bid sale or under other arrangements approved by the Department. All monies received from sale of such property shall be deposited in the service charge fund. Service charge funds may be used to purchase replacement parts for the purpose of rehabilitating Federal surplus property. Service charge funds may not be used to purchase property solely for donation purposes. No property, equipment, or facilities procured by the State agency through expenditure of service charge funds shall be transferred to or used, part-time or otherwise, by any agency or instrumentality of the State other than the State agency, unless such use Is compensated for on a reasonable charge basis and the proceeds deposited to the service charge account.
(e) A State Agency shall accept payment of service charges only in the form of warrants, checks, or other official instruments drawn or issued by, and in
the name of, the respective donee institutions or organizations.
(f) Funds accumulated by a State Agency from service charges against donee institutions and organizations, over and above the working capital reserve as provided for in this part, shall be refunded to donee institutions and organizations (1) on a pro rata basis (based upon total charges collected during the preceding fiscal year) or (2) by reduced service charges during the current and the next ensuing fiscal year.
(g) Advance approval of the Department is required for the obligation or expenditure of service charge funds to acquire office or distribution center facilities, for making advance rental payments to acquire or improve the same, or for capital improvements to such facilities. State agencies desiring to utilize service charge funds for capital expenditures to acquire or improve office or distribution center facilities shall submit a written proposal describing and justifying the proposed expenditure to the Department. The proposal must specify terms and conditions which would protect the equities of the donees who contributed service charges to the fund. The following circumstances will be considered in the Department's determination that the protection is afforded by the proposal:
(1) If title to the property in which the funds are invested will be vested in the State Agency for Surplus Property, and provision is made for refund to the donees of any amount received from the ultimate sale or other disposition of the property;
(2) If provision is made for a refund to the donees of any unamortized portion of funds advanced or expended in event occupancy by the State Surplus Property Agency is terminated; or
(3) In the case of advance rental payments, if the charges for occupancy of State-owned space are limited to the reasonable cost of maintenance and depreciation, unless it can be demonstrated that other State agencies are required to pay higher rentals under established State policy and practice. 132 F.R. 9167, June 28, 1967, as amended at 33 F.R. 17787, Nov. 28, 1968] § 14.8 Audits.
The operations and financial affairs of the State agency shall be audited at