Del. Code tit. 29, ch. 70 — Sale of State-Owned Materiel | Delaware Code — Delaware

Del. Code tit. 29, § 7001 Definitions.

For purposes of this chapter: (1) “Agency” includes every board, department, bureau, commission, person, group of persons, or other authority to which any of the following apply: a. Executes, supervises, controls, or administers governmental functions under the laws of this State or performs such other duties as may be prescribed. b. Receives any funds under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect or use any taxes, fees, licenses, permits, or other receipts for services or for the performance of any function of, related to, or supported in whole or in part by the laws of this State. c. Administers any laws providing for the collection of taxes, fees, permits, licenses, or other forms of receipts from any source for the use of this State. (2) “Computer technology” means computers, computer equipment, or software. (3) “Government Support Services” or “GSS” means the Government Support Services Section of the Office of Management and Budget. (4) a. “Materiel” means materials, equipment, vehicles, tools, supplies, and any other personal property. b. “Materiel” does not mean real property, such as land, ponds, or buildings. (5) “School” means a public school or school district, including charter schools.

Del. Code tit. 29, § 7002 Disposal of state-owned property.

(a) (1) All equipment, supplies, and materiel purchased in whole or in part with state-appropriated funds are assets of this State and are not assets of the agency which holds or uses the materiel, except as provided under paragraph (a)(3) of this section. (2) When an agency determines that materiel held or used by the agency is in excess of the agency’s needs, the agency shall report this excess materiel to Government Support Services for appropriate reallocation or disposal. (3) Except for vehicles, materiel that is being replaced in kind is not excess materiel under paragraph (a)(2) of this section and an agency, including a school, may enter into an agreement with a purchasing vendor to trade in this materiel on similar materiel or sell this materiel and credit the receipt as required under § 6102(c) of this title. (b) (1) a. Except as provided for vehicles under paragraph (b)(2) of this section and computer technology under paragraph (b)(3) of this section, when Government Support Services determines that the materiel reported by the agency under paragraph (a)(2) of this section has additional useful life, Government Support Services shall give 2 weeks’ written notice to agencies, volunteer ambulance services, volunteer rescue services, and volunteer fire departments of the availability of the materiel. b. Requests for materiel under paragraph (b)(1)a. of this section must be submitted in writing to Government Support Services. In the event 2 or more agencies request the same materiel, GSS shall make the appropriate determination as to allocation. (2) a. Vehicles can be made available to agencies at fair market value as determined by GSS. Vehicles not purchased by agencies may be made available, at fair market value as determined by GSS, to any private organization that is exempt from taxation under § 501(c) of the Federal Internal Revenue Code, 26 U.S.C. § 501(c), and whose headquarters is in this State. b. Requests for vehicles by organizations eligible under paragraph (b)(2)a. of this section must be submitted in writing to Government Support Services. (3) If computer technology is not being replaced under paragraph (a)(3) of this section, GSS shall offer that computer technology to the Department of Education’s Partners in Technology Group before disposal or disposition to any other group or agency. Upon acceptance, the Partners in Technology Group will pick up the computer technology from the holding agency at no charge. Government Support Services shall dispose of the computer technology refused by the Partners in Technology Group following the procedures under subsection (c) of this section. (c) (1) If no requests are received for materiel within the 2-week period under subsection (b) of this section, Government Support Services shall transfer the materiel to an appropriate storage area. The materiel can then be made available to other political subdivisions, nonprofit organizations, or the general public at reasonable cost as determined by GSS. (2) When the quantity or size of the materiel makes removal from the site of the disposing agency unwarranted or when it is in the best interest of this State, GSS may arrange for public auction of the materiel under subsection (d) of this section or the sale of the materiel under subsection (f) of this section. (d) Notice of auctions shall be advertised at least once a week for 2 consecutive weeks in a Delaware newspaper circulated in each county of the State; provided, however, that if the anticipated proceeds of such auction are equal to or less than the cost of handling and advertising, the advertising requirement may be waived at the discretion of the Director of the Office of Management and Budget. The materiel shall be sold to the highest bidder at such auction. Any materiel remaining after being offered at such auction shall be disposed of by the Office of Management and Budget in the best interests of the State. All proceeds from such auctions shall be deposited with the State Treasurer. (e) [Repealed.] (f) Nothing in this section interferes with the right of Government Support Services to transfer or sell equipment within this State to the groups in paragraph (c)(1) of this section at mutually agreed values before the public auction. This transfer or sale shall be conducted for the agency by Government Support Services upon written request of the agency.