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FM 406

FM 406
Date of issue: 7 November 2000

DISPOSAL OF SURPLUS ASSETS

Contents

Paragraph

Cancellation of previous FM 1
Purpose 2
Delegated Authority 3 – 4
General principles 5 – 12
Disposal Routes 13 – 19
Liability for injury 20
Computers 21
 Loans 22
Queries 23

 

CANCELLATION OF PREVIOUS FM

1.    This FM supersedes and replaces PPARC FM 20 (formerly SERC FM 6/81) dated 26 August 1981 which is hereby cancelled.

PURPOSE

2.    This FM outlines the procedures to be followed for the disposal of surplus assets including obsolete equipment and materials no longer of use to PPARC. It does not apply to the disposal of land and buildings. (PPARC’s Legal Liaison Officer, Personnel Group, Swindon Office should be contacted for advice concerning the latter.)

DELEGATED AUTHORITY

3.    PPARC’s delegated authority to dispose of surplus assets is limited. The current delegations are set out in Annex A to FM 101. Proposals to dispose of items of higher value should be submitted to the Head of Finance, PPARC, for onward transmission to OST.

4.    Unless otherwise stated in their letters of delegation from their Establishment Director or the Head of Finance, PPARC, staff who hold delegated powers in respect of the placing of contracts for the supply of goods and services are also permitted to place contracts for the sale of surplus assets subject to the written down book value of such items not exceeding 10% of the individual’s delegated powers in respect of purchase contracts or their Establishment Director’s delegated authority in respect of disposals, whichever is the lower.

GENERAL PRINCIPLES

5.     In disposing of surplus assets Establishments should have regard to the provisions of chapter 32 of Government Accounting.

6.    Both fixed assets and consumable stores should be kept under constant review and, once identified as surplus to requirements, sold as quickly as possible subject to value-for-money considerations. Higher value items should normally be disposed of through competition on the open market.

7.    In disposing of surplus assets, a method should be chosen which safeguards the taxpayer’s interest by securing best value for money. The objective is to maximise the benefit to PPARC in cash terms or to put the assets to good use in such a way that would benefit either PPARC’s general aims or the Government’s wider interests.

8.    In assessing the economy of repairs or refurbishment, the value of staff effort involved must be added to the repair cost. Unserviceable items which are not economic to repair should be disposed of.

9.    Surplus items not considered saleable should be disposed of in the most economical manner possible.

10.    To ensure that value for money is achieved and that high standards of propriety are maintained, there should be clear separation of duties between staff valuing assets and those selling them.

11.    Where surplus assets are sold, payment should normally be required before items are released for collection or delivery.

12.    The disposal of assets may create a VAT liability. This can arise whether an asset is sold, donated without charge or loaned. See PPARC VAT Briefing Note 15 (para 1.4.1) for further information.

DISPOSAL ROUTES

13.    Sale negotiations should be conducted by staff with delegated authority to place contracts. It is important that procurement staff judge each disposal activity on its own merits determining the most cost effective approach to disposal, using a strategy appropriate to current market trends.

14.    As a first step and where it is economic to do so, the procurement staff handling the disposal exercise should establish whether the surplus items are of use to another PPARC Establishment. However, care should be taken by the receiving Establishment to ensure that transferring an asset is the most cost effective way of fulfilling the Establishment’s requirement. Factors to consider include the costs associated with the transfer; the condition of surplus equipment, its reliability and its estimated remaining useful life; and the anticipated duration of the requirement at the receiving Establishment.

15.    In the UK, surplus items may be disposed of using approved external agents such as the MOD disposal service. The latter service includes all the administration associated with disposal. MOD charges a management fee based on the amount of work involved. (Contact details may be obtained from the Head of Procurement.)

16.    Surplus items may also be sold by commercial auction. Advice should be sought from the Head of Procurement regarding the selection of suitable auctioneers.

17.    For high value and highly attractive items of a specialist nature it may be appropriate to offer the surplus assets for tender. However, this process tends to be labour intensive and often fails to produce returns significantly in excess of the returns achieved by specialist auction groups. This option should therefore be used only where there is a realistic expectation of the net receipts exceeding the costs of advertising, tendering and collection/delivery. The principles for preparing tender documents are the same as those for purchasing. Tenderers should be invited to inspect the items being sold and it should be made clear to them that the items are sold "as seen" with no implied warranties as to quality, condition or fitness for purpose (see paragraph 20 below).

18.    Staff sales tend to be resource intensive but where Establishment Directors consider it cost effective to do so, Establishments may offer surplus items to staff on the same terms and conditions as such items would be offered for sale to the general public.

19.    In certain circumstances it may be possible to donate surplus items to educational establishments, subject to the value of the item or items not exceeding the current thresholds for the purpose set out in Annex A to FM 101. Prior authorisation to make such gifts must be obtained from the Director Administration or the Establishment Director, as appropriate, in accordance with local arrangements. In the case of Swindon Office, proposals should be submitted to the Director Administration through the Head of Finance, PPARC. Surplus items should not normally be disposed of by gifting unless disposal by sale is considered uneconomic; the Director Administration must be consulted in all other cases.

LIABILITY FOR INJURY CAUSED BY DEFECTIVE EQUIPMENT

20.    In certain circumstances the seller of defective equipment can be held liable for injuries caused to the purchaser, or others, arising from use of such equipment. It is therefore vital that purchasers understand and agree that items are sold with no warranty as to condition or suitability for purpose. Contracts for the sale of surplus equipment should be drafted in such a way as to minimise the risk to PPARC of subsequent claims in respect of injury. Purchasers should be asked to provide an indemnity in respect of such claims. However, it should be noted that indemnities may be not legally enforceable where the purchaser is a consumer (ie an individual as opposed to a company). Advice on specific cases and model indemnity clauses may be obtained from the Head of Procurement.

COMPUTERS

21.    In order to ensure that there is no infringement of the terms of PPARC’s software licences, it is essential to establish before computers are disposed of whether PPARC is permitted to transfer the licences to a third party. Verification must be made either by reference to the documentation or through correspondence with the licensor. In the absence of any clear provision permitting transfer, all software should be deleted prior to sale of the computer. Similarly, all personal and commercially confidential data should be deleted in order to comply with legislative requirements (eg the Data Protection Acts).

LOANS

22.     Loans should not be used as a mechanism for the disposal of surplus items. The general principle governing loans is that there must be an adequate return for the loan. Free permanent loans, indefinite loans or loans for the expected useful life of the asset are virtually indistinguishable from gifts and should therefore be treated as such. Proposals to make such loans must be referred to the Director Administration for approval.

QUERIES

23.    Any queries concerning the content or interpretation of this FM should be referred to Tom Hinde, Head of Procurement, PPARC Finance Division, Swindon Office, tel: 01793 442045, e-mail: tom.hinde@pparc.ac.uk .

Tom Hinde
Head of Procurement

Contact: Christine Campbell. Updated: Mon Dec 31 10:19:44 HST 2001

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