Surplus Property Disposal

Reason for Policy: 

This policy outlines former SBHE directions on surplus property disposal.

Entities Affected by this Policy: 

General UO audience.

Enactment & Revision History: 

Technical revisions enacted by the University Secretary on September 2, 2015.

Became a University of Oregon Policy by operation of law on July 1, 2014.

Former Oregon Administrative Rule Chapter 580 Division 40, Sections 0300-0311.

Policy: 

A. Purpose

These policies establish, for the University, a process for disposal of surplus and scrap property that safeguard's state assets, creates efficiency in surplusing or scrapping, maximizes the value received for property that is surplus to University needs, and is attentive to environmental impacts.

B. Definitions

For purposes of Sections H through R, unless context requires otherwise:

(1) "Board" means University of Oregon Board of Trustees.

(2) "President’s Office" means the offices that provide direct administrative support to the President.

(3) "Employee" means a person who, within the last twelve months, has been paid a wage for full-time, part-time, or temporary work by the University.

(4) "Federally Funded Surplus Property" means personal property, vehicles, and titled equipment, purchased with federal grant or other federal funds and that is worn-out, obsolete, or excess to the University’s needs, or otherwise unsuitable for intended use, the disposal of which would be to the financial benefit of the University.

(5) "University" means University of Oregon.

(6) "President" means the chief executive officer of The University of Oregon or designee.

(7) "Scrap" means materials, including lost, mislaid, or abandoned property having no financial value or such low financial value as to make sale not cost effective.

(8) "Surplus Property" means all personal property, including lost, mislaid or abandoned property, vehicles and titled equipment that is worn-out, obsolete or excess to the University’s needs, or otherwise unsuitable for intended use, the disposal of which would be to the financial benefit of the University.

C. General

(1) The University may, in accordance with this policy, dispose of any worn out, obsolete, scrap, or otherwise unsuitable surplus property, the disposal of which would be to the benefit of the University, except as set forth in subsection (2).

(2) This policies does not apply to any equipment, goods, supplies, material, information technology or other personal property encumbered by a certificate of participation that will be disposed of in accordance with applicable law.

D. Delegations

The University may follow the procedures set out herein or adopt its own rules, which rules will conform to the purposes set out below. Prior to adoption, the Vice President for Finance and Administration must approve the policies developed by the campus. In addition, the Board delegates to the President responsibility for implementing this policy . Purposes: Policy developed for surplus and scrap property will:

(1) Safeguard state assets;

(2) Create efficiency in surplusing or scrapping;

(3) Maximize the value received for property to the extent consistent with efficiency; and

(4) Attempt to reduce negative environmental impacts.

E. Environmental Standards

Disposal of surplus property and scrap will be accomplished in accordance with all state, federal, and local regulations regarding environmental health and recycling. If ownership of surplus property or scrap is transferred to another party, the University must document passing of title. The acquiring party assumes environmental responsibility when title transfers.

F. Maintenance of Proper Inventory Records and Justification of Sale or Disposal

(1) The University will set thresholds and standards that identify by value or type, for personal property for which disposal records must be maintained.

(2) Disposal records for assets, whether or not capitalized, will include the following information:

(a) Description of property and, if capitalized, asset number; and

(b) Reason, date, and method of disposal.

G. Disposition of Federally Funded Surplus Property

Federally funded property will be disposed of in accordance with applicable federal law or federal grant terms, if any. Otherwise, such property will be disposed of in accordance with these rules, or institution rules adopted hereunder.

H. Disposition of Property Acquired by Gift

Disposition of property acquired by gift will be in accordance with the Internal Revenue Code and any restrictions applicable to the property. Otherwise, the property will be disposed of in accordance with these or institution rules adopted hereunder.

I. Exchange or Trade-in Option

The University may exchange or trade-in property when such exchange or trade-in is in the best interest of the University and is otherwise in compliance with applicable rules or policy. Exchange or trade-in will be considered disposal for purposes of this policy. Records will be kept regarding the valuation methodology used in evaluating the relative benefits of trade-in, exchange or sale.

J. Transfer of Property to a Collaborating Government or Non-Profit Institution

Transfers of surplus property or scrap may be made to a collaborating government or other non-profit institution when intended for University purposes and consistent with restrictions on its transfer.

K. Method of Disposal; Eligibility to Acquire

(1) The University will use a method of disposal that is cost-effective, taking into account the costs of disposal and the potential for financial return. Disposal methods include, but are not limited to, exchanges, trade-ins, auctions, sealed bid sales, scrapping, fixed price retail sales, donation to other state agencies, Oregon political subdivisions, public non-profits, web-based auctions or sales and, for scrap, transfer for no valuable consideration.

(2) No current or former employee or agent for such will be granted any benefit or opportunity not granted the general public in acquisition of items through the disposal process.

(3) All property is conveyed "AS-IS, WHERE-IS" with no warranty, express or implied, of merchantability or fitness for a particular purpose, or any other warranties or guarantees. A purchaser or disappointed bidder will have no recourse against the State of Oregon, the University, or any of its officers, employees, or agents. All sales will be final.

(4) The University may provide that payment may be made by credit card, cash, cashier's check, personal check, wire transfer, or money order.

(5) Surplus property paid for, but not claimed with the time specified in the sales terms and conditions will be conclusively considered the property of the University and may be disposed of in compliance with this policy.

(6) Title to surplus property or scrap is transferred to the purchaser when the University makes the item available to the purchaser either by the purchaser, purchaser's agent, or purchaser's or institution's designated shipper taking possession of the item. Surplus property must be paid for in full before the University will make it available to the purchaser. Purchaser assumes all responsibility, including risk of loss or damage, for the item when title is transferred.

L. Disposal of Computer and Other Electronic Storage Devices and Media

Prior to disposal of any computer, computer peripheral, computer software, electronic storage device, or storage media device, the University will, as applicable, completely erase or otherwise render unreadable all information, data, and software residing on the Device, unless the information, data, or software is to be conveyed and may be conveyed lawfully.

Chapter/Volume: 
Responsible Office: 

For questions about this policy, please contact the Office of Business Affairs at 541-346-1111

Original Source: 
Oregon Administrative Rule