S.C. Code Regs. § § 19-410.6
Current through Register Vol. 48, No. 10, October 25, 2024
Section 19-410.6 - Terms and Conditions on Donable PropertyA.(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.S.C. Code Regs. § 19-410.6
Amended by State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.