This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) State agencies may not transfer, sell, trade, or otherwise dispose of supplies owned by the state without written authorization of the Surplus Property Program. A department or legislative or judicial entity may transfer surplus supplies between the various units of that department or legislative or judicial entity.

(2) State agencies shall notify the division's Surplus Property Program of all surplus supplies. The entity may suggest a dollar value per item or per lot, but the suggestion does not constitute the minimum sale or transfer amount. The figures are not public information prior to transfer or sale.

(1) The division may transfer surplus supplies to other state agencies and other units of government.

(2) The division may offer surplus supplies to the public through online and live public auctions, established markets, or posted prices. However, some types and classes of items may be sold or disposed of more readily and advantageously by other means, including barter. In such cases, and also where the nature of the supply or unusual circumstances call for its sale to be restricted or controlled, the division may employ such other means, including appraisal, if the division makes a written determination that such procedure is advantageous to the state.

(a) The department accepts cash, personal checks, United States postal money orders, certified checks, cashier's checks, and business checks.

(3) Supplies may be sold at auction, including electronic online auctions. When appropriate, an experienced auctioneer should be used to cry the sale and assist in preparation of the sale. The solicitation to bidders should stipulate all the terms and conditions of any sale.

(4) Established markets are places where supplies such as livestock and produce are regularly sold in wholesale lots, and prices are set by open competition. Surplus supplies may be sold in established markets for such supplies.

(5) Surplus supplies may be sold at posted prices, including by posting on online web sites, as determined by the division when such prices are based on fair market value and the sale is conducted pursuant to written procedures established by the division.

(6) Surplus supplies may be traded in only if the division determines the trade-in value is sufficient and in the state's best interest. Generally, trade-ins will not be approved for vehicles.

(7) The state may permit local governments, nonprofit organizations, or private businesses to participate in an auction or other appropriate marketing methods.

(1) As authorized by 18-5-202, MCA, the department adopts and incorporates by reference the "Federal Surplus Property Program Montana State Plan of Operation" in compliance with 41 CFR 102-37 and Public Law 94-519 (State Plan of Operation) promulgated by the department and filed with the General Services Administration of the United States government on July 1, 1977, and as revised February 23, 2021, pursuant to section 203(j)(4) of the Federal Property and Administrative Services Act of 1949 (40 USC 484) as amended.

(2) The State Plan of Operation establishes the operating procedure and practices to be followed by the department for the fair and equitable distribution of federal surplus personal property to all eligible participants within the state.

(3) Copies of the State Plan of Operation may be obtained from the Department of Administration, General Services Division, P.O. Box 200137, Helena, Montana 59620-0137.