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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



CHAPTER 41. PRELIMINARY PROVISIONS

GENERAL

Sec.


41.1.    Definitions.
41.2.    Purpose.
41.3.    Scope.
41.4.    Filing of names.
41.5.    Reporting of surplus property.
41.6.    Changes to established procedures.
41.7.    Supply of forms.

FUNCTIONS OF THE DIVISION


41.11.    General procedure.
41.12.    Inspection of surplus property.
41.13.    Responsibility for surplus property.
41.14.    Receipting surplus property.
41.15.    Receiving and classification.
41.16.    Inventory of surplus property.
41.17.    Review of surplus property.

SCREENING OF SURPLUS PROPERTY BY THE BUREAU


41.21.    Priority over surplus property.
41.22.    Transfer to Bureau.

GENERAL


§ 41.1. Definitions.

 The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:

   Bureau—The Bureau of Buildings and Grounds of the Department.

   Department—The Department of General Services of the Commonwealth.

   Division—The Surplus State Property Division of the Department.

   Secretary—The Secretary of the Department.

   Surplus State property—A term used as a substitute for the terms ‘‘unserviceable personal property’’ and ‘‘unserviceable property’’ as defined in sections 510 and 2405 of The Administrative Code of 1929 (71 P. S. § §  190 and 635). The term includes only articles previously purchased by the Commonwealth or an agency of the Commonwealth, and paid for out of funds of the Commonwealth. Not included are products manufactured, grown or raised by a department, board or commission, or by the inmates or patients of a Commonwealth institution, or minerals, oil, gas or other materials taken from any property of the Commonwealth.

§ 41.2. Purpose.

 This subpart establishes procedures, defines responsibilities, and provides specific guidance for the reporting, release, receipt, storage and transfer or sale of surplus State property.

§ 41.3. Scope.

 (a)  This subpart is specifically directed to employes of the Division, but this subpart also applies to persons involved in the control and accountability of Commonwealth property.

 (b)  This subpart applies to surplus State property transactions, regardless of their origin or location.

§ 41.4. Filing of names.

 (a)  Names of persons authorized to accept and direct transfer of surplus State property shall be filed with the Division.

 (b)  Program directors are responsible for delegation of this responsibility and authority.

§ 41.5. Reporting of surplus property.

 (a)  Surplus State property generated within the departments, boards or commissions throughout this Commonwealth shall be reported to the Division on Office of Administration Form 551, Surplus State Property Reports. The releasing official or agency will identify any compounds, mixture, element, material, equipment or component which, because of its nature, is dangerous to manufacture, process, store, handle or consume by printing the words HAZARDOUS MATERIAL in bold print on releasing reports and identification tags associated with the property transaction. If deemed necessary or appropriate, special handling instructions will be attached to the report releasing the property and the identification tag affixed to the hazardous item.

 (b)  A separate report shall be submitted for each item or each lot of identical items.

 (c)  Each item except bulk stock, metal extrusions or scrap metal, shall be tagged with an Office of Administration Form 552, Surplus State Property Identification Tag.

 (d)  Items which are not properly tagged will not be accepted, picked up or moved by the Division.

Source

   The provisions of this §  41.5 amended October 11, 1974, 4 Pa.B. 2170. Immediately preceding text appears at serial page (17569).

§ 41.6. Changes to established procedures.

 Recommended changes to this subpart, including supporting reasons for the changes, shall be forwarded through proper administrative channels to the Division of the Department.

§ 41.7. Supply of forms.

 (a)  Office of Administration Forms prescribed in this subpart shall be available from the Warehouse Division, Bureau of Management Services, Department of General Services, Post Office Box 1365, Harrisburg, Pennsylvania 17125.

 (b)  Other forms shall be procured by the appropriate agency.

FUNCTIONS OF THE DIVISION


§ 41.11. General procedure.

 (a)  Upon receipt of an Office of Administration Form 551, Surplus State Property Report, the Division shall perform the following:

   (1)  Schedule items reported as surplus for inspection and verification.

   (2)  Determine the disposition of the property and perform the necessary administration under this subpart.

 (b)  Compliance with this subpart shall be required. Departures from this subpart shall be only as directed by higher authority and shall be held to an absolute minimum.

§ 41.12. Inspection of surplus property.

 (a)  The Division shall, insofar as practical, inspect all materials declared as surplus within this Commonwealth prior to acceptance and further disposition of the material.

 (b)  Inspection should include, but not necessarily be limited to, the following:

   (1)  Verification of items reported on Office of Administration Form 551, Surplus State Property Reports.

   (2)  Verification that Office of Administration Form 552, Surplus State Property Identification Tags, are affixed to each item, when feasible.

   (3)  Removal of nonrelated and superfluous materials and supplies from surplus items.

   (4)  Determination of whether surplus items will be moved to the city of Harrisburg for transfer or sale.

   (5)  Determination of whether the surplus items require special attention or handling.

 (c)  Based on favorable experiences with releasing agency, the requirements for inspection of materials, prior to acceptance and disposition, may be waived.

§ 41.13. Responsibility for surplus property.

 (a)  The Division shall be responsible for surplus State property scheduled for movement to the warehouse in the city of Harrisburg from the time it is receipted and picked up at the point of origin, until it is transferred or sold.

 (b)  The Division will effect movement of surplus State property selected for transfer to the warehouse in the city of Harrisburg by utilization of employes of the Division, contract with Correctional Industries, or by Work Request to the Bureau.

 (c)  Items not scheduled for movement to the warehouse in the city of Harrisburg may not be receipted by the Division and shall remain the direct and prime responsibility of the releasing agent, until a property transfer or sale has been consummated.

§ 41.14. Receipting surplus property.

 (a)  Surplus State property agents shall receipt surplus property scheduled for movement to the warehouse in the city of Harrisburg by affixing the date and their signature to the tear-off receipt stub of the Office of Administration Form 552, Surplus State Property Identification Tag.

 (b)  The receipt shall be delivered to the appropriate representative of the releasing agency.

 (c)  When the services of either Correctional Industries or the Bureau, are utilized to effect movement of surplus State property, the procedure set forth in subsection (d) shall be used.

 (d)  Copy No. 2 of the Surplus State Property Report, Office of Administration Form 551, stamped or preprinted with sufficient data to satisfy requirements for a Temporary Receipt, will be furnished to the ‘‘service’’ employed to move the property to the warehouse. An employe or other representative from the service effecting the movement of the property released as surplus, execute the temporary receipt stamped or printed on Copy No. 2 of the Surplus State Property Report, and deliver it to the releasing agent prior to movement of the property. The receipt portion of the Surplus State Property Identification Tag, Office of Administration Form 552, shall not be removed until the property is received by an employe of the Surplus State Property Warehouse.

 (e)  When the temporary receipt procedure has been utilized it shall be the responsibility of the Division, immediately upon receipt of surplus property at the warehouse, to execute the receipt portion of the Surplus State Property Identification Tag, Office of Administration Form 552, and return it through regular distribution or mail channels to the property control officer or agent of the agency releasing the property.

§ 41.15. Receiving and classification.

 (a)  The receiving phase of a surplus property transaction shall relate to the physical arrival of the property at the warehouse.

 (b)  Within a reasonable period of time after the surplus property has been unloaded from the transporting vehicle, the property shall be evaluated and classified as to its condition and proposed disposition.

 (c)  A sale price shall be established for those items determined to be surplus to Commonwealth needs.

 (d)  If surplus property is determined to be of no value then it shall be condemned in accordance with Chapter 47 (relating to condemnation of surplus State property).

 (e)  The reverse side of Office of Administration Form 552, Surplus State Property Identification Tag, shall be used to post the condition and disposition status and the suggested sale price, if applicable.

§ 41.16. Inventory of surplus property.

 (a)  An inventory shall be maintained of surplus State property located in the warehouse.

 (b)  Inventory balances shall be verified annually on schedules established by the Chief of the Division.

§ 41.17. Review of surplus property.

 Surplus State property may not be sold until it has been reviewed by interested Commonwealth agencies in accordance with Chapter 43 (relating to transfer of surplus State property).

SCREENING OF SURPLUS PROPERTY BY THE BUREAU


§ 41.21. Priority over surplus property.

 (a)  The Bureau shall be offered equipment and building materials which may be of value in the maintenance and repair of Commonwealth-owned buildings, prior to being released for transfer or sale.

 (b)  The Bureau will furnish the Division with a detailed list of equipment and materials which the Bureau desires to screen.

§ 41.22. Transfer to Bureau.

 Equipment and materials selected for transfer to the Bureau shall be processed in accordance with Chapter 43 (relating to transfer of surplus State property).



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