Town of Sterling, MA Chapter 166 Surplus Property

[HISTORY: Adopted by the Town of Sterling 5-13-2013 ATM by Art. 41, approved 10-7-2013.[1] Amendments noted where applicable.]

[1] Editor's Note: This article also repealed former Ch. 166, Surplus Property, adopted 11-1-1971 STM by Art. 3, approved 12-16-1971; readopted 5-14-2012 ATM by Art. 19, approved 10-11-2012.

§ 166-1 Scope.

The disposition of tangible property no longer useful to the Town, but having a resale or salvage value, shall be in accordance with this chapter and shall conform to the provisions of the Massachusetts Procurement Act, MGL c. 30B, as it may from time to time be amended. For purposes of this chapter, "property" shall mean all tangible property, including but not limited to motor vehicles, machinery, computers, equipment, furniture, and other supplies. This chapter does not apply to the disposition of real property or interests therein.

§ 166-2 Procedures for disposition.

A. General provisions.

(1) The Town's Chief Procurement Officer shall oversee the disposition of all surplus property.

(2) Prior to disposition of surplus property, the department head, official, board, commission, or other Town entity in control of the property shall notify the Chief Procurement Officer, in writing, that it is surplus and no longer needed or useful and shall provide the Chief Procurement Officer with an estimate of its value based upon a reasonable investigation and determination of the value of similar property being offered for resale or salvage by other public or private sellers.

(3) Any property determined to be surplus may be transferred by the Select Board to another Town department, officer, board, commission, or other Town entity which has expressed its interest in acquiring the surplus property.

(4) Surplus property may be traded in as part of the purchase of other property if it is listed for trade-in in the invitation for bids or requests for proposals for such other property.

(5) Surplus property shall be disposed of on an "as is" basis, with no warranty of any kind, either express or implied.

(6) All money received from the sale of surplus property shall be deposited into the Town's general fund. No provision of this bylaw shall apply to the operations of the Sterling Municipal Light Department as regulated by MGL c. 164.

B. Value less than $5,000.

(1) The Chief Procurement Officer shall dispose of surplus property with an estimated net value of less than $5,000 by using written procedures approved by the Select Board.

(2) If no purchase offer is made for the surplus property, the Chief Procurement Officer may dispose of it in any commercially reasonable manner.

C. Value of $5,000 or more.

(1) The Chief Procurement Officer shall dispose of surplus property with an estimated net value of $5,000 or more by either competitive sealed bids, public auction, including online auction, or established markets.

(2) Public notice of sale by bid or auction shall:

(a) Describe the surplus property offered for sale;

(b) Designate the dates, times, location and method for inspection of such property;

(c) State the terms and conditions of sale;

(d) State the place, date and time for the bid opening or auction;

(e) Remain posted for at least two weeks in a conspicuous place in or near the offices of the Town until the time specified for the bid opening or auction;

(f) Be published at least once, not less than two weeks prior to the time specified for the bid opening or auction, in a newspaper of general circulation within the area served by the Town;

(g) Conform to such other notice requirements as are required by MGL c. 30B, § 5; and

(h) State that the Town retains the right to reject any and all bids.

(3) If the Town rejects the bid of the highest responsive bidder, the Town may:

(a) Negotiate a sale of such supply as long as the negotiated sale price is higher than the bid price; or

(b) Resolicit bids.