South Carolina Code of Regulations
Chapter 19 - STATE BUDGET AND CONTROL BOARD
Article 4 - OFFICE OF GENERAL SERVICES
Section 19-410.6 - Terms and Conditions on Donable Property
Universal Citation: SC Code Regs 19-410.6
Current through Register Vol. 48, No. 9, September 27, 2024
A.
(1) The
State Agency will require each eligible donee, as a condition of eligibility,
to file with the State Agency an application, certification and agreement form
outlining the certifications and agreements, and the terms, conditions,
reservations and restrictions, under which all Federal surplus personal
property will be donated. Each form must be signed by the chief executive
officer of the donee institution agreeing to these requirements prior to the
donation of any surplus property. The certifications and agreements and terms,
conditions, reservations and restrictions will be printed on the reverse side
of each State Agency Issue Document.
(2) The following periods of restriction are
established by the State agency on all items of property with a unit
acquisition cost of $5,000 or more, and on all passenger motor vehicles.
(a) Passenger motor vehicles--18 months from
date the property is placed in use.
(b) Items with a unit acquisition cost of
$5000 to $10,000--18 months from the date the property is placed in
use.
(c) Items with a unit
acquisition cost over $10,000--30 months from the date the property is placed
in use.
(d) Aircraft (except combat
type) and vessels (50 feet or more in length) with a unit acquisition cost of
$5,000 or more--60 months from the date the property is placed in use. Such
donations shall be subject to the requirements of a Conditional Transfer
Document.
(e) Aircraft (combat
type)--restricted in perpetuity. Donation of combat type aircraft shall be
subject to the requirements of a Conditional Transfer Document.
(3) The State Agency may reduce
the period of restriction on items of property falling within the provisions of
Part VI, Paragraph A, Subparagraph (2), sub-paragraphs (c) and (d), at the time
of donation but not less than for a period of 18 months from the date the
property is placed in use, for good and sufficient reasons, such as the
condition of the property, or the proposed use (secondary utilization,
cannibalization, etc.).
(4) The
State Agency, at its discretion and when considered appropriate, may impose
such terms, conditions, reservations and restrictions, as it deems reasonable
on the use of donated property other than items with a unit acquisition cost of
$5,000 or more and passenger motor vehicles.
B.
(1) The
State Agency may amend, modify, or grant release of any term, condition,
reservation or restriction, it has imposed on donated items of personal
property in accordance with the standards prescribed in this plan, provided
that the conditions pertinent to each situation have been affirmatively
demonstrated to the prior satisfaction of the State Agency and made a matter of
public record.
(2) The State Agency
will impose on the donation of any surplus item of property, regardless of unit
acquisition cost, such conditions involving special handling or use limitations
as the General Services Administration may determine necessary because of the
characteristics of the property.
(3) The State Agency will impose on all
donees the statutory requirement that all items donated must be placed in use
within one year of donation and be used for one year after being placed in use
or otherwise returned to the State Agency while the property is still
usable.
(4) The State Agency cannot
amend, modify or release the requirements of Sub-paragraph B(2) and B(3)
above.
(5) Cannibalization of items
on which GSA has imposed special handling conditions or use limitations will
require prior GSA approval during the period of restriction.
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