Current through Vol. 42, No. 7, December 16, 2024
(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.
