9 NYCRR Part 298 - Executive Department

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9 NYCRR 298.1 - Introduction

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

This is the New York State plan of operation to comply with 40 U.S.C. 549 and Federal management regulations (FMR), 41 CFR 102-37, governing the acquisition and distribution of Federal surplus personal property for public purposes. In the development of this plan and its subsequent implementation, consideration has been given to the relative needs and resources of all public agencies and other eligible institutions in the State.

9 NYCRR 298.2 - Designation of State agency

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Designation.

The Bureau of Surplus Federal Personal Property Distribution, in the Executive Department, State Office of General Services, is re-titled the "Bureau of Federal Property Assistance" and is designated as the State agency for surplus property (SASP), responsible for administration and operation of the Federal surplus personal property program in New York State as authorized by section 3712 of the New York State Education Law, and in conformance with 40 U.S.C. 549, and FMR 41 CFR 102-37.130 through 102-37.135 of the U.S. General Services Administration (GSA).

(b)Authority.

The SASP is vested with the authority to acquire and distribute surplus property to eligible donees, carry out the other requirements of the State plan, and to provide details concerning the organization of the agency, including supervision, staffing, structure, and physical facilities.

(c)Organizational structure.

(1)Administrative direction and control of the SASP is vested under the authority of the commissioner (Office of General Services) and to his subordinate designees:

(i)First Deputy Commissioner of the Office of General Services.

(ii)Deputy Commissioner of Administration.

(iii)Director of Support Services Operations.

(iv)Director of State and Federal Properties.

New York State - Office of General Services

Bureau of Federal Property Assistance

Line of Authority

Commissioner Office of General Services

First Deputy Commissioner

Deputy Commissioner of Administration

Director of Support Services Operations

Director of State & Federal Properties

Bureau of Federal Property Assistance

(2)The Director of State and Federal Properties shall function as the executive official responsible for administration and operation of the Federal property program in accordance with State law and in conformance with FMR 41 CFR 102-37 and is authorized to redelegate supervisory and signatory authority to surplus property agents.

(d)Office.

Building No. 18, Governor W. Averell Harriman State Office Building Campus, Albany, NY 12226.

9 NYCRR 298.3 - Inventory control and accounting systems

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Inventory Control.

The Bureau of Federal Property Assistance system consists of an on-line computer system to process, track and report on the process of acquiring Federal surplus property and distributing it to New York State donees. The program does not have a warehouse but operates on a direct distribution basis to the donees.

(1)Receipt. All property that is received by an approved SF123 is catalogued into an online system. The original government acquisition cost value is assigned to all items received. Also, the system identifies all passenger vehicles, any single item having an acquisition cost of $5,000 or more, and items subject to special restrictions such as special demilitarized items and items for cannibalization.

(2)Distribution. Distribution of property is made only to recognized authorized donee representatives whose signatures are on file with the SASP. All items issued are listed on a pickup notice (CS403) bearing the terms and conditions of donation and are receipted for by the authorized representative of the donee. All items distributed are identified by a respective SF123 identification and item number. These records establish a chain of custody and distribution trail from receipt to final disposition of that said item and facilitates internal control.

(3)Report. At the end of every quarter a report is submitted to GSA (3040 Report) showing total acquisition cost of items received for the period and the total items distributed within that time period and to what type of organization. The system keeps track of when the donee receives the item and if special "terms and conditions" or compliance windows apply to that item.

(b)Accounting System.

(1)The fiscal accounting of the SASP is performed in conjunction with the Office of Financial Administration of the State Office of General Services, in accordance with the New York State Education Law and associated rules and regulations.

(2)The property accounting and inventory system employed by the SASP provides and maintains all the records and accounts required for a full accounting of all property requested, received, issued and disposed of, income, expenses and monthly financial status including:

(i)Register of property applied for and received.

(ii)All distribution documents.

(iii)Monthly invoice statements.

(iv)Accounts receivable reports.

(v)Monthly register and report of distribution.

9 NYCRR 298.4 - Return of donated property

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Return of property by donee.

When a determination has been made by the SASP that property has not been placed into use by a donee within one year from the date of receipt of the property, or when the donee has not used the property for one year as a condition of donation and as certified to by the donee on the donee pick-up notice (Form #CS404), if the property is still usable as determined by the SASP, the SASP shall direct the donee to:

(1)retransfer the property directly to another eligible donee (item will be listed as available through the SASP website, toll free number or wish list inquiry;

(2)retransfer to another SASP;

(3)physically return the property, at donees expense, to the location originally allocated; or

(4)make such other disposal, including by sale, through GSA, if determined by the SASP that no other requirements exist for the property.

(b)The SASP will regularly and periodically emphasize that the donee use the property in accordance with the conditions of the donation, when corresponding and meeting with donees and when surveying the utilization of property at donee facilities.

9 NYCRR 298.5 - Financing and service charges

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Financing.

(1)An annual internal service fund appropriation is made by the State Legislature to the Office of General Services to provide funding for the SASP.

(2)All program expenditures and disbursements of the SASP are made by the Office of Financial Administration as approved by OGS in accordance with FMR 102-37.55, 102-37.275 through 102-37.285, 102-37.495, 102-37.500, 102-37.505 and Education Law section 3712.

(3)All revenue generated by the SASP through the assessment and collection of service charges is deposited into this fund to annually offset all direct and reasonable indirect program expenditures of the SASP. Service charge receipts from donees are accepted only in the form of organizational checks or official State vouchers, and are deposited and credited by the Office of Financial Administration.

(4)In the event that funds from service charges are received in excess of the total of all program expenditures, these funds may be put in a reserve account for up to three previous years of operational expenses. Any subsequent service charges to donees will be reduced to the extent necessary to offset any excess income. If this three year amount is exceeded, we will lower the five percent service charge that is now in place to two percent until such a time that the reserve account is back to the three year limit.

(b)Service charges.

(1)Service charges assessed by the SASP shall be fair and equitable in relation to all costs, both direct and indirect, incidental to each transfer and the service performed, and subsequently necessary to be performed by the SASP. Service charges assessed by the SASP, however, shall be adequate to assure full recovery of all costs annually incurred in the administration and operation of the SASP program. Service charges in general are assessed as per the following guidelines:

(i)item screened in usable condition with a realistic acquisition cost will be assessed with an approximate five percent service charge;

(ii)items screened in usable condition with an unrealistic acquisition cost will be assessed with an approximate five percent service charge based on comparable acquisition costs researched from the intranet. This could result in either a higher or lower service charge;

(iii)items screened in new condition may be assessed a higher percent service charge - this higher percent shall not exceed 10 percent;

(iv)items screened in poor condition, yet usable or repairable by a donee may be assessed a lower percentage service charge;

(v)items screened in poor condition, yet requested by a donee for cannibalization purposes will be assessed a lower service charge not to exceed two percent;

(vi)items screened and requested which will require extensive transportation and handling costs by the donee may receive a lower service charge based on the normal five percent;

(vii)items screened and requested by schools or hospitals for educational purposes may be exempt or assessed a lower service charge; and

(viii)items screened and requested by entities that service homeless provider programs will, at maximum, be assessed only nominal fees.

(2)Total SASP costs to administer and operate the program include, but are not limited to, the following basic cost areas:

(i)personnel costs, consisting of salaries, wages, fringe benefits, and prorated OGS Human Resource Department related costs;

(ii)transportation costs, including purchase, operations and maintenance of cars and trucks;

(iii)telephone communications;

(iv)administrative and accounting costs;

(v)printing and media distribution, including postage;

(vi)supplies and equipment, including computers, paper, tags, forms, etc.;

(vii)vehicular insurance; and

(viii)travel expenses and per diem.

(3)The source of funding for the operations of the Bureau of Federal Property Assistance program is the service charge assessed to items of property that are distributed through the program. Therefore, the financing of the program is entirely dependent upon service charges which are paid by donee receiving the property. These charges are designed to cover expenditures of operating the unit. Recipients are responsible for arranging the pickup of items they are awarded and pay for all transportation, packing, crating, and handling related costs. Furthermore, these revenues may be used for but are not limited to the purchase of necessary equipment and supplies, maintaining a three year financial reserve and rehabilitation, repairing or replacing parts of Federal property. The program overhead includes but is not limited to general operating expenses of the program such as screening cost, personnel, utilities/communications, fuel, compliance costs, accounting/billing, insurance, printing, data processing and depreciation. These service charges are assessed on a fair and equitable basis to recover the program's monthly operating expenditures from the monthly property receipts unless the program is maintaining excessive operating reserves. If excessive operating reserves are developed, service charges will be adjusted to meet the financial precepts as stated.

(4)Since Public Law 94-519 allows for different levels of service to be provided to the recipients of Federal property, the method of determining service charges varies depending on the level of service actually being provided to the recipient of the property. These general types of service levels are currently provided to the donee:

(i)property specifically screened by the donee's representatives and directly shipped to its location; and

(ii)property directly shipped to the donee's location but not screened by the donee's representatives.

(5)When the property is screened specifically by donees, the cost would be for the document(s) processing charge at the time of donation transfer, plus any other direct costs to the SASP associated with the property during its period of compliance. These direct costs include but are not limited to transportation expense for the transfer, additional processing charges for item overages and field compliance inspections. The compliance inspections cost includes prorated program costs, transportation costs and other travel expenses incurred during the compliance review(s).

(6)In the determination of the normal service charges, all of the direct charges associated with the obtaining of the property are assessed to each shipment of property. Upon final inspection of the property, these costs plus a representative portion of the programs indirect costs are prorated among the individual items in the shipment. The basis of this proration is the current condition, value, fragility, quantity, anticipated future storage needs and the compliance costs.

Note:

Historically, the indirect costs have a 3:1 ratio to direct costs.

(7)The above methods of financing the SASP activities and determining service charges are consistent with the financial precepts of the SASP program which are:

(i)each source of revenue is self-supporting and receives an equitable share of the total program overhead;

(ii)financial reserves shall not exceed the three previous years of operating expenses;

(iii)operating expenses shall not exceed 15 percent of the acquisition cost of the property received on an annual basis; and

(iv)the total service charge receipts for any given calendar year will not exceed 15 percent of the original government acquisition cost of the property donated.

(c)Federal property inventory system.

(1)Accountable items are those items of property with an original government acquisition cost or fair market value of $5,000 or more and any passenger vehicles. For all accountable items of property, comprehensive transactional records are maintained.

(2)As an operating unit of the Office of General Services, the SASP is required to use generally acceptable accounting practices. An appropriation account is assigned to the program and is the official record of its financial activities. Expense transactions are processed using the internal control system enacted by OGS. Purchases require preapproval by OGS' purchasing unit prior to SASP purchase. Payments are processed by OGS' claims unit, following processes compliant with guidance established by the New York State Comptroller's Office and the State Finance Law.

(3)Exceptions. Special or extraordinary costs may be added to the appropriate service charge as follows:

(i)Rehabilitation property. Direct costs for rehabilitating property.

(ii)Overseas property. Additional direct costs for returning the property (from overseas bases).

(iii)Long-haul property. Charges for major items with unusual delivery costs. Any such costs which are anticipated will be discussed with the donee prior to shipment.

(iv)Special handling. For dismantling, packing, crating, shipping, delivery and other extraordinary handling charges.

(v)Screening. Extraordinary costs incurred in screening property.

(4)Minimum service charges are assessed in cases where the State agency provides minimum services, and no other direct costs are involved. They reflect the basic costs of document processing and the administrative and overhead costs of the State agency, prorated by the number of documents processed.

9 NYCRR 298.6 - Terms and conditions on donable property

Source version current through Sep 15, 2021

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: GNS-18-15-00001-A · Adopted rule
Related notice published: Sep 23, 2015
Related notice effective date: Sep 23, 2015

(a)

(1)The SASP will require each eligible donee, as a condition of eligibility, to file with the agency the appropriate application, a certification of eligibility and an agreement to abide by certain terms and conditions as set forth by the GSA. Each form must be signed by the chief executive officer of the donee, agreeing to these requirements prior to the donation of any surplus property.

(2)In addition, the certification of eligibility and terms and conditions will be printed on the reverse side of each, executed to cover each donation transaction and signed by an authorized representative of the donee (forms CS 403 and CS 404).

(3)The following periods of restriction are established by the SASP on all items of property with a unit acquisition cost of $5,000 or more, and on all passenger vehicles:

(i)passenger vehicles - 18 months from the date the property is placed in use;

(ii)items with a unit acquisition cost of $5,000 or more - 18 months from the date the property is placed in use;

(iii)aircraft (except combat type) and vessels (50 feet or more in length) - 60 months from the date the property is placed in use. Donation of noncombat aircraft and vessels of 50' or more in length shall be subject to the requirements of a conditional transfer document (CTD);

(iv)aircraft (combat type) restricted in perpetuity. Donation of combat-type aircraft shall be subject to the requirements of a conditional transfer document (form CS 408).

(4)The SASP will impose or reinforce any and all conditions involving special handling or use limitations set by the GSA due to the characteristics of the property regardless of the unit acquisition cost.

(5)The SASP, at its discretion, and when considered appropriate, may impose additional terms, conditions, reservations and restrictions as it deems reasonable on the use of donable property beyond what GSA and the FMR requires.

(6)The SASP will impose on all donees the statutory requirement that all items donated must be placed into use or, if the property ceases to be used for a full year and the property is still usable, the property must be returned to the SASP or otherwise transferred as the SASP shall direct.

(b)

(1)The SASP must seek GSA’s approval to amend, modify, or grant releases of, any term, condition, reservation or restriction it has imposed on donated items of personal property which is mandated by GSA or the FMR. The SASP may amend, modify, or grant release of, any item, any “additional” conditions, reservations or restrictions which the SASP has imposed above and beyond what GSA or the FMR requires.

(c)Restrictions on property.

The SASP may amend or grant releases, during the period of restriction, from any “additional” SASP imposed terms, conditions, reservations or restrictions the SASP has imposed on donated property, in accordance with the following standards, provided that the conditions pertinent to each situation have been affirmatively demonstrated to the satisfaction of the SASP, and have been made a matter of public record.

(1)Secondary utilization or cannibalization. Secondary utilization or cannibalization may be accomplished, provided that:

(i)disassembly of the item, for use of its component parts for secondary use or repair and maintenance of a similar item, has greater potential benefit than utilization of the item in its existing form;

(ii)components with a single item acquisition cost of $5,000 or more will remain under the restrictions imposed by the transfer document. Components with a single item acquisition cost of less than $5,000 will be released from the restrictions imposed by the transfer document. All components, regardless of acquisition cost will continue to be used or be otherwise disposed of in accordance with applicable law and regulations;

(iii)a written report of such action is made by the donee to the SASP, including a list of all components, resulting from the secondary utilization or cannibalization.

(2)Trade-in of an item on a similar replacement. An item of donated personal property may be traded in or used as whole or partial payment for another like item of property, provided:

(i)when the request is made, the item being traded in is in compliance and the donee has not violated the terms, conditions, reservations or restrictions placed on it and it is still in a restricted period;

(ii)the item being traded in has been used by the donee for eligible purposes; or

(iii)the item acquired is made subject to the period of restriction remaining on the item traded in.

(3)Abrogation. Except in cases involving donee noncompliance with the terms and conditions of donated property, abrogation of additional restrictions imposed by the SASP may be authorized by the SASP. For any abrogation based upon a donee request to sell the donated Federal property, the SASP may allow some share of the proceeds to be retained by the donee if proper use of the Federal property occurred within the federally required continuous use time period of one year.

(4)Revision of the acquisition cost. The acquisition cost of an item may be revised, provided that the request therefore is made in writing by donee, and it is determined by the SASP, with the approval of GSA, that the listed acquisition cost is unrealistic in view of its research and development costs, its incompleteness due to missing parts, or its generally deteriorated condition.

(5)Destruction and abandonment. A donated item of personal property may be destroyed or abandoned by a donee when it is determined that the item has no commercial value or the estimated cost of its continued care and handling would exceed the estimated proceeds from its sale. The determination shall be based on a finding made in writing by the SASP, with the approval of GSA, and the SASP shall prescribe the means and methods whereby the property shall be destroyed or abandoned.

(6)Enforcement of compliance. The enforcement of the terms, conditions, reservations and restrictions imposed by the SASP on donated property, or the remedy of breaches of such terms and conditions, may be satisfied:

(i)when payment is made to the SASP, for deposit in the U.S. Treasury, of any and all fair rental values due and payable for any unauthorized use of the donated property;

(ii)when payment is made to the SASP, for deposit in the U.S. Treasury, of either the fair market value or gross proceeds of sale, whichever is in the best interest of the State, for the unauthorized disposal or destruction of donated property;

(iii)when donated property is recovered by the SASP and custody, accountability and distribution of such reverted property are the responsibilities of the SASP; or

(iv)a letter of corrective action is submitted to the SASP, outlining improved accountability and use procedures.

(7)Reduction in the period of restriction. Provided an item of donated property is not in compliance status, a reduction in the period of restriction may be authorized when a revised standard covering the period of restriction is promulgated by the SASP.

(8)Limitations. These provisions are not applicable when:

(i)donated property is recovered by the SASP and custody, accountability and distribution of such reverted property are the responsibilities of the State with respect to donated military-type aircraft or other items or property on which GSA has special handling conditions or use limitations;

(ii)property which was not placed in use within one year of its donation date, and continuously used for one year from the initial use date, except with the respect to secondary use or cannibalization as provided in FMR 102-37.470.

9 NYCRR 298.7 - Nonutilized donable property

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)All property in the possession of the SASP which cannot be utilized by eligible donees shall be reported by the SASP to the GSA for disposal authorization in accordance with 102-37.290-320. In accordance with this regulation, the SASP, through GSA, shall:

(1)transfer the property to another State or Federal agency;

(2)sell the property by public sale;

(3)abandon or destroy the property; or

(4)effect disposal by other means as prescribed by GSA.

9 NYCRR 298.8 - Fair and equitable distribution

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The SASP will make property available to eligible donees in the State on a fair and equitable basis based on their relative needs, resources and ability to utilize the property.

(b)Factors considered when providing for the prompt, fair and equitable distribution of property are:

(1)Relative needs. In considering request of potential recipients, the criteria for determining the relative needs will be:

(i)size and type of program conducted;

(ii)contemplated use and frequency of use;

(iii)economic condition of agency, activity or institution;

(iv)critical or urgent need;

(v)geographical location (urban, suburban or rural); and

(vi)interest and expression of need on the part of the donee in the property available.

(2)Relative resources. In considering request of potential recipients, the criteria for determining relative resources will be:

(i)funding source and availability (grants, donations, taxes, etc.); and

(ii)equipment availability.

(3)Ability to utilize. In considering requests of potential recipients, the criteria for evaluating ability to utilize property will be:

(i)length of time in contemplated use;

(ii)when item can be put in use;

(iii)availability of funds to repair or maintain property in use;

(iv)type and quantity of property received by the donee to date.

(c)Donees which suffer or experience a local disaster and/or loss of property due to fire, flood, tornado, etc., will be given a temporary priority for all requested items of property. Special efforts will be made to locate and distribute needed property to them.

(d)Where competing requests are received for property items, the SASP will make a determination as to the donee based on the overall public benefit, which is based on a justification by the donee.

9 NYCRR 298.9 - Eligibility

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)State agency responsibility.

The SASP will determine the eligibility of public agencies and nonprofit health and educational institutions and organizations in accordance with 40 USC 549, and implementing Federal regulations FMR 102-37.380 through 102-37.430 and 102-37.445.

(b)Procedure.

(1)The SASP will provide each applicant institution or organization, upon request, with explanatory program information and requirements regarding eligibility and the necessary forms for submitting an application for program eligibility.

(2)Each applicant will be required to complete and submit an eligibility application which shall provide:

(i)the legal name and address of the institution or organization;

(ii)status of the institution or organization as a public agency; or as a nonprofit educational or public health institution or organization which has been determined to be nonprofit and tax exempt (under section 501 of the Internal Revenue Code of 1954) (must show proof of tax exempt status);

(iii)details concerning the institution or organization public program activities or, if it is a nonprofit institution or organization, its educational or public health program or programs including the specific educational or medical facilities of the organization;

(iv)documentary evidence that the institution or organization is approved, accredited or licensed, if such may be a requirement of one or more of the institution or organization programs;

(v)certification that the institution or organization is not debarred, suspended or excluded from any Federal program including procurement programs;

(vi)execution by the administrative head or chief executive officer of the institution or organization, of a certification and agreement designating one or more representatives to act for the institution or organization acquiring donable property from the SASP, to obligate necessary funds of the institution or organization for this purpose and to execute State agency distribution documents certifying to compliance with the terms, conditions, reservations and restrictions that the SASP and/or GSA may establish on the use and disposal of property;

(vii)execution of an assurance of compliance with GSA regulations on nondiscrimination including 40 U.S.C. 122, title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4a), as amended, and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and title IX of the Education Amendments of 1972 (20 U.S.C. 1681-1688), as amended, and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107); and

(viii)information as to size and scope of institution or organization program(s); sources of funds; annual budget and financial resources; resident population; number of persons, pupils, patients, inmates or clients served; and/or other basic data as may be pertinent to evaluation of the institution or organization's relative needs and resources; and a statement on the kind of equipment, vehicles, machines or other items of property needed by the institution or organization.

(c)Eligibility to receive donated surplus Federal property.

(1)Section 549(d) of title 40, United States Code authorizes Federal surplus property under the control of the Department of Defense (DOD) to be donated, through the SASP, to educational activities which are of special interest to the armed services (SEAs).

(2)Section 549(c)(3) of title 40 of the United States Code authorizes the SASP to donate surplus Federal property to public agencies and to non-profit educational or public health institutions such as:

(i)medical institutions;

(ii)hospitals;

(iii)clinics;

(iv)health centers;

(v)drug abuse or alcohol treatment centers;

(vi)providers of assistance to homeless individuals;

(vii)providers of assistance to impoverished families and individuals;

(viii)schools;

(ix)colleges;

(x)universities;

(xi)schools for the mentally disabled;

(xii)schools for the physically disabled;

(xiii)child care centers;

(xiv)radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations;

(xv)museums attended by the public;

(xvi)libraries, serving free all residents of a community, district, State or region; and

(xvii)historic light stations as defined under section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w-7[e][2]), including a historic light station conveyed under subsection (b) of that section, notwithstanding the number of hours that the historic light station is open to the public.

(3)Section 213 of the Older Americans Act of 1965, as amended (42 U.S.C. 3020d), authorizes donations of surplus Federal property to State or local government agencies, or nonprofit organizations or institutions that receive Federal funding to conduct programs for older individuals.

(4)Eligibility forms can be accessed using the following links:

(i)State/Public Agencies - http://www.ogs.state.ny.us/supportservices/fedSurplus/cs401.pdf

(ii)Not For Profits - http://www.ogs.state.ny.us/supportservices/fedSurplus/cs400.pdf

(iii)Fire Departments - http://www.ogs.state.ny.us/supportservices/fedSurplus/fire.pdf

(5)The SASP may request the GSA assistance in making eligibility determinations.

(d)Maintaining eligibility.

(1)The SASP shall review and update donee's eligibility every three years to continue a donee's eligibility.

(2)When an eligible donee ceases to operate or loses its license, accreditation or approval, or otherwise fails to maintain its eligibility status or conform to imposed program requirements, that SASP shall temporarily defer the previously determined eligible donee from program participation.

9 NYCRR 298.10 - Compliance and utilization

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Scope of compliance actions.

(1)The SASP shall effect reviews of donee compliance with the terms, conditions, reservations and restrictions applying to the use of property and on all items of property having a unit government acquisition cost value of $5,000 or more, and any passenger motor vehicle to verify that the donated property is placed into use and continuously used for the full restriction period, for the purpose for which it was acquired.

(2)Such reviews and investigations will also include a review of donee compliance with any special conditions or use limitations imposed on items of property by the administrator of GSA, pursuant to FMR 102-37.460 through 102-37.475 and 102-37.480 through 102-37.495, and as may be imposed by the State.

(b)Method and frequency of review.

(1)The SASP shall investigate the utilization of property and donee compliance with the terms and conditions of donation by the ongoing issuance of mail questionnaires supplemented by onsite investigations as such may be deemed necessary.

(2)All motor vehicles and items of property having a government acquisition cost of $5,000 or more, and items subject to special use conditions or requirements, will be checked as to utilization by the issuance of a utilization questionnaire, mailed to and required to be returned by the donee, six months after donee receipt of any such item.

(3)Onsite investigations of active donees will also be scheduled on a monthly basis with the objective of reviewing the utilization of passenger vehicles and items over $5,000 in value at least once during the period of restriction to the extent that available manpower and resources will permit. A utilization review report will be prepared on each onsite investigation.

(c)Action taken on reports.

(1)Actions taken by the SASP to correct instances of noncompliance may include, but not be limited to:

(i)administrative action with donee;

(ii)transfer or recapture of unused or misused property;

(iii)temporary deferment of eligibility;

(iv)assessment of financial penalties (with GSA concurrence); and

(v)decision to render ineligible.

(2)The SASP must immediately report to GSA where there is evidence of or allegation of fraud, or wrongdoing by a screener.

(3)The SASP will also report to GSA any cases of misuse of property, or unauthorized disposal or destruction of property and will take such action as may be necessary to correct such misuse, disposal or destruction and to assist GSA and other responsible Federal or State agencies in the investigation of any such cases involving fraud, misuse or destruction of property.

9 NYCRR 298.11 - Consultation with advisory bodies, public and private groups

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The SASP will arrange for and participate in local, regional and statewide meetings of such public and private organizations and associations representing public agencies, education, public health and civil defense, to present information on the program, discuss procedures and problems and to obtain recommendations as to donee needs, resources and special requirements, the utilization of donable property by donees, and the distribution of property to fill existing needs.

(b)The SASP will regularly provide and disseminate information on the donation program in the form of bulletins, announcements, procedural circulars, property listings and other informational media, including surveys of specific needs, to State and local officials and to heads of nonprofit institutions and organizations.

(c)The SASP will survey (in consultation with advisory bodies and public and private groups) eligible donees to provide expressions of need for specific items so that the SASP may advise the GSA of requirements for specific items of property to meet specific and unusual needs.

(d)

(1)The SASP may establish an advisory board, for the purpose of meeting periodically, reporting on the donation program, and to obtain expressions of need and interest from eligible donees so that GSA may be advised of such requirements, including requirements for specific items of property.

(2)The membership of such board would be composed of representatives of both public and private donee agencies, institutions and organizations, and would include, but not be limited to, representatives of the following activities:

(i)State: Education Department; Department of Health.

(ii)Local: Associations of city, county and town officials.

(iii)Nonprofit: Education; public health organizations.

9 NYCRR 298.12 - Audits

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)An internal audit of the operations and financial affairs of the SASP shall occur on a periodic basis, but no less frequently than every two years. Such audit shall be conducted by the Office of General Services Internal Audit Unit.

(b)In accordance with FMR 102-37.345 through 102-37.355, for each year in which the SASP receives $500,000 or more a year in surplus property or other Federal assistance, it must be audited in accordance with the Single Audit Act (31 U.S.C. 7501-7607) as implemented by Office of Management and Budget (OMB) Circular A-133, (audits of States, Local Governments, and Non-Profit Organizations). It must also furnish GSA a copy of any Single Audit Act report on the SASP, along with any necessary corrective action steps, or minimally, the audit report page that identifies the donation program, number 39.003, as being included in the total Federal financial assistance figure.

(c)If the SASP donates $500,000 or more to a (single) donee in a fiscal year, the SASP must ensure that the donee has an audit performed in accordance with Circular A-133. Otherwise, the SASP is not expected to assume responsibility for ensuring the donee meets audit requirements.

(d)If an external audit is conducted pursuant to Circular A-133, the SASP shall immediately upon completion, furnish the GSA regional office with:

(1)two copies of any audit report made pursuant to the circular, or with two copies of those sections that pertain to the Federal Donation Program; and

(2)an outline of all corrective actions taken with respect to any exceptions or violations indicated by the audit and scheduled completion dates for actions. It is agreed that GSA may, for appropriate reasons, conduct its own audit of the SASP following due notice to the Governor of the reasons for such audit, and may visit the SASP for purposes of reviewing the SASP's administrative and operational procedures and records.

(e)Financial records and all other books and records of the SASP shall be available for inspection by representatives of GSA, the general accounting office or other authorized Federal agencies.

9 NYCRR 298.13 - Cooperative agreements

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Authority of the SASP to enter into cooperative agreements, as provided for by title 40, United States Code - Public Buildings, Property, and Works, subtitle I, chapter 5, section 549, is vested in the broad general language of section 3712 of the New York State Education Law (see section 298.2 of this Part) which states in part that "the Commissioner of Education, or such other state officer as may be designated by the Governor, is hereby authorized......to do any and all acts necessary to carry out the foregoing duties of such agency for surplus property in accordance with 40 U.S.C. 549, and the rules and regulations of any of the departments or agencies of the United States of America duly adopted in accordance therewith."

(b)The SASP will enter into such cooperative agreements with Federal agencies and other State agencies as may be necessary in accordance with FMR 102-37.325 through 102-37.340 and 102-37.270. Such agreements may involve, but not be limited to:

(1)use of property by SASP;

(2)overseas property;

(3)use of Federal telecommunications system;

(4)interstate transfers; and

(5)others, as may be necessary.

9 NYCRR 298.14 - Liquidation

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)In the event, or at the time, a determination has been made by State officials to liquidate the SASP, a liquidation plan will be prepared in accordance with FMR 102-37.365 through 102-37.370 of the regulations.

(b)The liquidation plan shall include:

(1)reasons for liquidation;

(2)schedule for liquidating the SASP and estimated date of termination;

(3)method of disposal of any SASP physical and financial assets;

(4)retention of books and records for a two-year period following liquidation; and

(5)designation of another governmental entity to serve as the successor in function until continuing obligations on property donated prior to the closing of the SASP are fulfilled.

(c)Such plan will be submitted to the GSA and approval secured prior to the beginning of the liquidation.

(d)A liquidation plan constitutes a major amendment of an agency's plan of operation and, as such, requires public notice.

9 NYCRR 298.15 - Forms

Source version current through Mar 15, 2023

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023

(FMR 102-37.205) Documents in use by the SASP to evidence the distribution of property to eligible donees are:

(a)Eligibility Application Form #CS401

(b)Participation Agreement and Designation of Authorized Representatives Form Form #CS402

(c)Donee Pickup Notice Form #CS404

(d)Vessel Conditional Transfer Document Form #CS407

(e)Combat Aircraft Conditional Transfer Document Form #CS408

(f)Non-Combat Aircraft Conditional Transfer Document Form #CS409

(g)Nondiscrimination Assurance Form Form #CS410

(h)Invoice Document Form #CS413

(i)Utilization/Cannibalization Survey Form Form #CS423

9 NYCRR 298.16 - Records

Source version current through Mar 15, 2023

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023

(a)All official records of the SASP will be retained for a minimum period of three years, provided that in cases involving property subject to restrictions for more than two years, related records will be retained for one year beyond the specified period of restriction.

(b)In cases where property is in compliance status at the end of the period of restriction, the related records shall be retained for at least one year after the respective compliance case is officially closed.

(c)Records involving property with perpetual restriction must be retained in perpetuity.

Summary of "Periods of Restriction and Records Retention Requirements" for donable property.

Property Item	Period of Restriction (POR)	Records Retention after POR
1. Combat configured aircraft	Perpetuity	Perpetuity
2. Firearms	Perpetuity	Perpetuity
3. Non-combat aircraft	5 years	3 years
4. Vessels (50 feet or more in length)	5 years	3 years
5. Motor vehicles and items with acquisition costs of $5,000 or more	1 year plus additional State imposed restriction period (usually six months)	3 years
6. Other property less than $5,000	1 year	3 years
7. Foreign gifts	10 years	3 years

9 NYCRR 298.17 - Earlier source heading: [Repealed]

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

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