S.C. Code Regs. § 19-410.10 - Compliance and Utilization
A. Scope
of Survey
(1) The State Agency shall effect
reviews for compliance by donees with the terms, conditions, reservations and
restrictions imposed on:
(a) Any property not
placed in use within one year from the date of acquisition and not used for a
period of one year after being placed in use.
(b) Any passenger motor vehicle.
(c) Any item of property with an acquisition
cost of $5,000 or more.
(d) Any
item having characteristics that require special handling or use limitations
imposed by GSA.
(e) Any other items
of property that the State Agency may impose special restrictions.
B. Method of Survey.
(1) Within 6 months after issue of restricted
property (acquisition cost of $5,000 or more and all passenger motor vehicles),
a form letter is mailed to donee requesting verification of usage and location
of property.
(2) If letter is
returned indicating proper usage of property, the letter is filed with invoice
and document in restricted file. If letter indicates that property has not been
put into use but will be used at a later date, a follow-up letter will be
mailed to correspond with date specified by donee.
(3) In case of a negative reply or no reply,
qualified State Agency personnel will then make a physical check of the
property at the donee institution and submit "Utilization Check Form" to
Surplus Property Officer, also, make verbal report.
(4) During the course of such visits, items
under $5,000 in possession of the donee are observed to determine property
utilization to learn of any unique or unusual uses which can be passed on to
other donees, and to determine any misuse or unauthorized disposal made of
property donated.
(5) During any
review the State Agency representative will ensure that the donee is complying
with any special handling conditions or use limitations imposed on items of
property by GSA in accordance with FPMR 101-44.108.
C. Report on Surveys.
(1) Main points covered in reports.
(a) These reports cover a detailed list of
property checked, any misuses or good uses of properties, apparent stockpiling,
other needs of donees for property, major points of discussion with donee, and
the reporter's pertinent personal observation.
(2) All reports are received and reviewed by
the Surplus Property Officer. Effective action will be taken to correct
noncompliance and to enforce terms, conditions, reservations and restrictions
as set forth.
D. Action
Taken on Reports.
(1) Indication of Fraud
(a) The State Agency will initiate
appropriate investigation of alleged fraud in the acquisition of donable
property and notify the FBI and GSA of allegations immediately.
(b) If the investigation indicates fraud, a
written report will be made to the FBI and GSA by the State Agency and full
cooperation will be rendered in resolving the problems presented.
(c) The State Agency is not authorized to
prosecute any actions for the State of South Carolina, but will take whatever
actions are necessary to aid in prosecuting cases of alleged fraud or misuse,
and assist GSA or other responsible Federal or State agencies in investigating
such cases upon request.
(2) Unauthorized disposal of items of $5,000
and over and passenger motor vehicles.
(a)
Whenever possible the property will be placed in use. When it cannot be
immediately placed into eligible use, it will be returned to the State Agency
distribution center, unless circumstances make this impractical. Donations to
the institution will be suspended until the matter is properly evaluated. The
case will be reported to the GSA Regional Office for further action.
(3) Misuse of $5,000 and over
items and passenger motor vehicles.
(a) As in
C(2) above.
(4) Lack of
use of items of $5,000 and over and passenger motor vehicles.
(a) As in C(2) above.
(5) Stockpiling
(a) If a report indicates property is being
stockpiled, the institutional representative will be contacted and the matter
discussed. Methods to prevent such stockpiling will be developed to remedy the
situation. If the situation appears to warrant a return of the stockpiled
property, the donee may be requested to return the property to the State Agency
for further donee distribution.
E. Type or Title of Personnel Making Surveys.
(1) These visits are made by qualified State
Agency employees, including the Surplus Property Officer and
screeners.
Notes
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