9 CRR-NY 298.10NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE G. OFFICE OF GENERAL SERVICES
CHAPTER III. DIVISION OF CENTRAL OPERATIONS
SUBCHAPTER D. BUREAU OF FEDERAL PROPERTY ASSISTANCE
PART 298. FEDERAL SURPLUS PROPERTY
9 CRR-NY 298.10
9 CRR-NY 298.10
298.10 Compliance and utilization.
(a) Scope of compliance actions.
(1) The SASP shall effect reviews of donee compliance with the terms, conditions, reservations and restrictions applying to the use of property and on all items of property having a unit government acquisition cost value of $5,000 or more, and any passenger motor vehicle to verify that the donated property is placed into use and continuously used for the full restriction period, for the purpose for which it was acquired.
(2) Such reviews and investigations will also include a review of donee compliance with any special conditions or use limitations imposed on items of property by the administrator of GSA, pursuant to FMR 102-37.460 through 102-37.475 and 102-37.480 through 102-37.495, and as may be imposed by the State.
(b) Method and frequency of review.
(1) The SASP shall investigate the utilization of property and donee compliance with the terms and conditions of donation by the ongoing issuance of mail questionnaires supplemented by onsite investigations as such may be deemed necessary.
(2) All motor vehicles and items of property having a government acquisition cost of $5,000 or more, and items subject to special use conditions or requirements, will be checked as to utilization by the issuance of a utilization questionnaire, mailed to and required to be returned by the donee, six months after donee receipt of any such item.
(3) Onsite investigations of active donees will also be scheduled on a monthly basis with the objective of reviewing the utilization of passenger vehicles and items over $5,000 in value at least once during the period of restriction to the extent that available manpower and resources will permit. A utilization review report will be prepared on each onsite investigation.
(c) Action taken on reports.
(1) Actions taken by the SASP to correct instances of noncompliance may include, but not be limited to:
(i) administrative action with donee;
(ii) transfer or recapture of unused or misused property;
(iii) temporary deferment of eligibility;
(iv) assessment of financial penalties (with GSA concurrence); and
(v) decision to render ineligible.
(2) The SASP must immediately report to GSA where there is evidence of or allegation of fraud, or wrongdoing by a screener.
(3) The SASP will also report to GSA any cases of misuse of property, or unauthorized disposal or destruction of property and will take such action as may be necessary to correct such misuse, disposal or destruction and to assist GSA and other responsible Federal or State agencies in the investigation of any such cases involving fraud, misuse or destruction of property.
9 CRR-NY 298.10
Current through March 31, 2021
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