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