§ 2–358.01. Supply management rules.
The CPO shall issue rules governing:
(1) The management of goods during their entire life cycle;
(2) The sale, lease, disposal, or transfer of surplus goods by public auction, competitive sealed bidding, competitive electronic sales, or other appropriate method designated by rule; provided, that no employee of the disposing agency shall be entitled to purchase any surplus goods.
§ 2–358.02. Disposition of surplus goods.
(a) The CPO may transfer District surplus goods to an organization qualified as tax-exempt under section 501 of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501), or state, county, or municipal jurisdictions after an attempt has been made to:
(1) Transfer property within an agency;
(2) Transfer property between agencies; and
(3) Auction the property for sale.
(b) To qualify for the receipt of surplus goods, a tax-exempt organization shall:
(1) Demonstrate that it meets any approval, accreditation, or licensing requirements for operation of its program;
(2) Certify and provide evidence that it is a nonprofit and tax-exempt organization under section 501 of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501);
(3) Certify that it is not debarred, suspended, or excluded from any federal or District program, including procurement programs; and
(4) Operate in compliance with applicable Federal nondiscrimination law.
(c)(1) Prior to sale, lease, transfer, or disposal of surplus computer and other information technology assets, the Chief Technology Officer shall certify that the equipment is sanitized of any confidential data or personal identifying information.
(2) The CPO shall ensure that all policies for the transfer of computers or other information technology goods are consistent with data and information security policies developed by the Chief Technology Officer.
(d) The CPO may abandon, recycle, sell for scrap, or destroy undistributed surplus goods upon making a written finding that the goods have no commercial value or the estimated cost of their continued care and handling would exceed the estimated proceeds from their sale.
(e) The CPO shall publish on the Internet all forms used for the purpose of disposing of surplus goods. The CPO may receive completed forms electronically.
(f) OCP shall publish records of all transfers of surplus goods on the Internet.
(g) OCP shall develop written policies and procedures for advertisement of auctions to ensure adequate public notice.
§ 2–358.02a. Surplus property disposition agreements.
(a) The CPO may enter into an agreement with a District agency not otherwise under the authority of the CPO, including an independent agency or a public charter school, to sell its surplus goods.
(b) OCP may charge an administrative fee of 6% of gross proceeds for the sale of surplus property sold pursuant to an agreement entered into under this section. The administrative fees shall be deposited into the Surplus Property Sales Fund established by § 2-358.05.
For temporary (90 days) addition of this section, see § 1012(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
§ 2–358.03. Electronic inventory control system for surplus property.
The CPO shall establish an electronic inventory control system to monitor all surplus property. The system shall contain the following information:
(1) The date of the receipt of the surplus property;
(2) The agency or organization from which the surplus property was received;
(3) A description of the surplus property, including quantity and condition;
(4) A photograph of the surplus property; and
(5) The estimated value of the surplus property.
Effect of Amendments
The 2015 amendment by D.C. Law 21-36 rewrote the section.
For temporary (90 days) repeal of D.C. Law 18-371, § 1203, see § 7015 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) repeal of D.C. Law 18-371, § 1203, see § 7015 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
For temporary (90 days) amendment of this section, see § 1001 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
Section 7001 of D.C. Law 20-61 provided that Subtitle A of Title VII of the act may be cited as the “Subject to Appropriations Repealers Amendment Act of 2013”.
Section 1203 of D.C. Law 18-371 provided that this section shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.
§ 2–358.04. District of Columbia Surplus Property Sales Revolving Fund. [Repealed]
§ 2–358.05. Surplus Property Sales Fund.
(a) There is established as a special fund the Surplus Property Sales Fund (“Fund”), which shall be administered by the CPO in accordance with subsection (c) of this section.
(b) There shall be deposited into the Fund:
(1) Administrative fees collected pursuant to an agreement entered into pursuant to § 2-358.02a; and
(2) Proceeds from the sale of surplus property by OCP.
(c) Money in the Fund shall be used to pay the administrative costs of maintaining and disposing of surplus property, including the costs of online auctions.
(d) Amounts in excess of the money needed to pay for the administrative costs of maintaining and disposing of surplus property shall be deposited into the unrestricted fund balance of the General Fund of the District of Columbia.
For temporary (90 days) addition of this section, see § 1012(c) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).