TITLE 29

State Government

Budget, Fiscal, Procurement and Contracting Regulations

CHAPTER 70. SALE OF STATE-OWNED MATERIEL


(a) As used in this chapter, "agency" includes every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control and/or administer governmental functions under the laws of this State or to perform such other duties as may be prescribed or to whom any moneys are appropriated under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect and/or use any taxes, fees, licenses, permits or other receipts for services or otherwise for the performance of any function of or related to or supported in whole or in part by the laws of this State, and/or created to administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State.

(b) As used in this chapter, the term "materiel" shall mean materials, equipment, vehicles, tools, supplies and any other personal property, but does not include real property such as, but not limited to, land, ponds and buildings.

29 Del. C. 1953, § 7001; 55 Del. Laws, c. 326; 68 Del. Laws, c. 233, § 1.;

(a) All equipment, supplies and materiel, including vehicles, purchased in whole or in part with state-appropriated funds shall be considered as assets of the State and not of the state agency which holds or uses the materiel. When materiel so held or used is determined by a state agency to be in excess of its needs, it shall be reported by memorandum to the Office of Management and Budget, Government Support Services Section for appropriate reallocation or disposal.

(b) When Government Support Services determines that the materiel, with the exception of vehicles and computer equipment, so reported by the agency has additional useful life, Government Support Services shall give 2 weeks' written notice to State agencies, volunteer ambulance services, volunteer rescue services and volunteer fire departments of the availability of such materiel. Requests for such materiel shall be submitted in writing to Government Support Services. In the event 2 or more agencies request the same materiel, the Section shall make the appropriate determination as to allocation. Vehicles can be made available to agencies at fair market value as determined by the Section. Vehicles not purchased by agencies may be made available, at fair market value as determined by the Section, to any private organization that is exempt from taxation under § 501(c) of the Federal Internal Revenue Code [26 U.S.C. § 501(c)] and whose headquarters is in the State. Requests for vehicles by eligible private, non-profit organizations, as defined herein, shall be submitted in writing to Government Support Services. Whenever any computers, computer equipment or software are deemed surplus, obsolete or no longer suitable for the purpose for which they were intended, Government Support Services shall offer to the Department of Education's Partners in Technology Group those assets prior to disposal or disposition to any other group or agency. Upon acceptance, the Partners in Technology Group will pick up the computer equipment from the holding agency at no charge. Government Support Services shall dispose of the computer equipment refused by the Partners in Technology Group following the procedures established in subsection (c) of this section.

(c) In the event that no state agencies, volunteer ambulance services, volunteer rescue services or volunteer fire departments and in the case of vehicles, private, non-profit organizations, as defined in subsection (b) of this section request such materiel within the 2-week period, Government Support Services shall transfer the materiel to an appropriate storage area. The materiel can then be made available to other political subdivisions, nonprofit organizations, or the general public at reasonable cost as determined by the Section. The Section may arrange for public auction of such materiel when the quantity or size of the materiel makes removal from the site of the disposing agency unwarranted, or when it is in the best interest of the State.

(d) Notice of auctions shall be advertised at least once a week for 2 consecutive weeks in a Delaware newspaper circulated in each county of the State; provided, however, that if the anticipated proceeds of such auction are equal to or less than the cost of handling and advertising, the advertising requirement may be waived at the discretion of the Director of the Office of Management and Budget. The materiel shall be sold to the highest bidder at such auction. Any materiel remaining after being offered at such auction shall be disposed of by the Office of Management and Budget in the best interests of the State. All proceeds from such auctions shall be deposited with the State Treasurer.

(e) The term "excess," as used in the section, shall not apply to used materiel which is being replaced in kind. In the event an agency determines to replace materiel, the agency may "trade in" such materiel on similar materiel with the exception of vehicles, or it may sell such materiel and credit the receipt in accordance with § 6102(c) of this title. Nothing in this section shall interfere with the right of Government Support Services to transfer or sell such equipment within the State to the groups as provided for in subsection (c) of this section at mutually agreed values prior to the public auction. The sale shall be conducted for the agency by the Office of Management and Budget, Government Support Services Section upon written request of the agency.

29 Del. C. 1953, § 7002; 55 Del. Laws, c. 326; 58 Del. Laws, c. 213, § 1; 59 Del. Laws, c. 242, § 1; 64 Del. Laws, c. 227, § 1; 65 Del. Laws, c. 348, § 110; 68 Del. Laws, c. 233, §§ 2-5; 69 Del. Laws, c. 149, §§ 1-5; 69 Del. Laws, c. 332, §§ 1, 2; 71 Del. Laws, c. 138, § 7; 73 Del. Laws, c. 143, § 5; 73 Del. Laws, c. 348, § 1; 74 Del. Laws, c. 330, §§ 1, 2; 75 Del. Laws, c. 88, §§ 16(5), 22(4).;