Virginia Administrative Code
Title 1 - ADMINISTRATION
Agency 30 - DEPARTMENT OF GENERAL SERVICES
Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED
Section 1VAC30-120-100 - Compliance and utilization
Universal Citation: 1 VA Admin Code 30-120-100
Current through Register Vol. 41, No. 3, September 23, 2024
A. Donated items subject to compliance and utilization reviews on terms and conditions (1VAC30-120-60) :
1. Items with a unit acquisition cost of
$3,000 or more and any passenger motor vehicle;
2. Items that require special handling
conditions or use limitations as imposed by federal General Services
Administration (GSA) per FMR 102-37, Subpart E;
3. Statutory requirement that all items of
donated property acquired by the donee be placed into use within one year of
acquisition and thereafter used for 12 months, or 18 months if the acquisition
cost was $3,000 or more or a passenger motor vehicle;
4. Items with a unit acquisition cost of less
than $3,000 that may be subject to stock piling as determined by the State
Agency;
5. Any property where there
is alleged fraud, theft, misuse, or non-authorized disposal.
B. Reviews.
1. The State Agency will conduct compliance
and utilization reviews at least once during the period of use restriction for
items as described in subdivisions A 1 and 2 of this section.
2. The review may be accomplished by a
questionnaire letter or by a visit to observe the property utilization. Staff
members of the State Agency will visit donees to the extent of capabilities in
time and costs. In addition to merely surveying compliance and utilization,
visits will be constructive and helpful to the donees. Information will be
offered on terms and restrictions; item utilization potential, procedures and
special opportunities in acquiring property, and invitation for comments on
program improvement.
3. Reports of
the review will be a part of the donee item file. The mail questionnaire form
will serve as a report. Persons making a review through visitations will also
make an item report on utilization, condition, and transfer or disposal
recommendation.
C. Compliance actions.
1. When the utilization
survey shows an item is in eligible use, the report will be so noted and no
further action plan is required.
2.
Deficiencies in utilization may include but are not limited to nonuse or
misuse; ineligible use such as loan, rental, or gift; unauthorized
cannibalization, disposal or sale; failure to use property in the prescribed
time frame; fraud; or theft.
3.
When deficiencies are discovered, the State Agency will move to remedy the
specific case. This will include action to place the item or items into use for
the prescribed time frame, transfer to another donee or state agency, return to
the State Agency, approve destruction, abandonment, cannibalization, or report
to GSA for reutilization or sale.
4. The State Agency will initiate an
appropriate investigation of any alleged fraud in the acquisition of donable
property and the Federal Bureau of Investigation (FBI) and GSA will be
immediately notified of the allegations and the status of the investigation.
The State Agency investigator will prepare a report of the circumstances and
findings of the case and it shall be available to all authorized
persons.
5. Alleged or reported
thefts of surplus property in the custody of the State Agency will be
immediately investigated and the details and circumstances reported to the
local law-enforcement officials, the local FBI, and the regional GSA
office.
6. The State Agency will
initiate an appropriate investigation of all alleged misuse of donated property
and notify GSA of the allegations immediately.
7. The State Agency will take necessary
actions to investigate cases of alleged fraud, misuse, or theft and assist GSA
or other responsible federal or state agencies in investigating such cases upon
request.
8. The State Agency may
enforce compliance action during the period of restriction by requiring payment
from the donee under the following circumstances and terms:
a. Recover the fair value of the property if
it has been disposed of improperly.
b. Recover the fair rental value if the
property was used in an unauthorized manner.
c. In enforcing compliance with the terms and
conditions imposed on donated property, the State Agency shall coordinate with
GSA prior to undertaking the sale of, or making demand for payment of the fair
value or fair rental value of donated property subject to any special handling
condition or use limitation imposed by GSA, or of donated property that had not
been placed into use by the donee within one year for the purposes for which
acquired or used by the donees for those purposes for one year thereafter.
Funds derived by the State Agency in the enforcement of compliance will be
remitted to GSA involving a breach of restrictions imposed by GSA. The State
Agency may retain the funds for the breach of restrictions imposed by the State
Agency.
D. Suspension of donations. The State Agency may suspend donations of property to a donee for noncompliance cases or nonpayment of service charges.
Statutory Authority
§ 2.1-445.1 of the Code of Virginia.
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