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.)
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.
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.
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.
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).
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.
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
.