Mississippi Administrative Code
Title 12 - Finance and Administration
Part 6 - Office of Purchasing, Travel and Fleet Management
Chapter 8 - Disposal of Personal Property
Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9
Sec2 12-6-8.101.04 - Private Treaty
Section 12-6-8.101.04.2 - When using the private treaty method, it should be the consideration of the selling agency that the price not be set too high, such as book retail price

This could and, in many cases, will create a situation that because no agency or governing authority would pay the price being asked, the equipment was sold at public auction to a private entity buyer at a price less than that which was asked of the government entities. Keep in mind that if another agency or a governing authority has use for equipment that becomes surplus to the selling agency then the selling agency should give every consideration to "cutting a deal" for any other government entity having a need for the item; however, if the selling entity has statutory authority to rebudget the proceeds from the sale of surplus property, they should employ a method which involves competition (auction or sealed bid). In doing so, the seller would realize the best price available at that time and the buyer, should it be another government entity, may get the equipment at a price less than that which had been asked.

Commentary

If your agency has no statutory authority to rebudget proceeds from the sale of the equipment, you may wish to simply transfer the item to another agency or governing authority. Agencies should keep in mind that the Office of Surplus Property i s in the business of redistributing surplus property to those entities that have a need for the items. Interested agencies should contact the Office of Surplus Property t o ascertain the available options.