Code of Massachusetts Regulations
802 CMR - OPERATIONAL SERVICES DIVISION
Title 802 CMR 3.00 - Disposition Of Surplus State Property (personal)
Section 3.04 - Policies Governing Distribution of Surplus Property

(1) Upon receipt of all applicable SSPO documentation, the SSPO will determine if the property meets the needs of any State agency. SSPO may contact agencies to inform them of the available item(s). For transfers of surplus property, the disposing agency and acquiring entity are responsible for scheduling inspections and authorized property transfers.

(2) If there is no request for the item, SSPO shall list the item in the Surplus Property Listing available to State agencies. Agencies must arrange any required inspection, transportation of surplus items, and confirm receipt of surplus items in writing to the SSPO.

(3) If two or more agencies request an item simultaneously, the SSPO shall determine which agency will receive the item.

(4) Agencies desiring items identified by SSPO as surplus should advise the SSPO, in accordance with established SSPO Policies and Procedures. SSPO shall establish the order of priority for distribution of surplus property items to non-state agency recipients.

(5) The SSPO will determine the method of disposal for all surplus items according to the type of property, condition, and its best value to the Commonwealth. The SSPO reserves the right to authorize an agency to dispose of property that has insufficient value. Formal authorization will be granted when the SSPO has received appropriate documentation, in accordance with established SSPO Policies and Procedures. In the case of usable property, the agency may receive authorization to sell the property at the best price obtainable by competitive bid, as authorized by SSPO. Any funds received must be payable to the Commonwealth of Massachusetts and remitted to SSPO.

(6) Upon approval by SSPO, agencies are authorized to destroy property items considered to be worthless. The agency surplus property officer must appoint, when applicable, a three member property disposal team which should be made up of the Agency Head, the Fiscal Officer and a third agency employee, or their designees. The team members are required to personally inspect and determine the value of the property. If the property is determined to be worthless, each member must provide a certification to that effect, which shall be sent to the SSPO. Prior to destruction, the agency should remove any part of an assembly that can be used or stocked for repair of other articles. Surplus property, even if worthless, must be disposed of in a manner that complies with M.G.L.c. 268A.