Section 2350-EE. Disposal of agency property

1.  Definitions. For the
  purposes of this section, unless a different meaning is required by  the
  context:
    (a)  "Contracting  officer"  shall mean the officer or employee of the
  agency who shall be appointed by resolution of the board of  the  agency
  to be responsible for the disposition of property.
    (b)  "Dispose" or "disposal" shall mean transfer of title or any other
  interest in personal or real property in accordance with this section.
    (c) "Property" shall mean personal property, real  property,  and  any
  inchoate  or  other  interest  in such property, to the extent that such
  interest may be conveyed to another person for any purpose.
    2. Duties of the agency with respect to the disposal of property.  (a)
  The  agency  shall adopt by resolution comprehensive rules or guidelines
  which shall: (i) detail the agency's operative policy  and  instructions
  regarding  the  use, awarding, monitoring and reporting of contracts for
  the disposal of property, and (ii) designate a contracting  officer  who
  shall  be  responsible for the agency's compliance with, and enforcement
  of, such  rules  or  guidelines.  Such  rules  or  guidelines  shall  be
  consistent  with,  and shall require the agency's contracting activities
  to comply with this section or the provisions of the state finance  law,
  the  public  lands  law  or any other law applicable to contracts of the
  state for the disposal of property, except that such rules or guidelines
  may be stricter than the provisions of this section, the  state  finance
  law, the public lands law or any other law applicable to state contracts
  if  the  agency  determines  that additional safeguards are necessary to
  assure the integrity of its activities. Rules or guidelines approved  by
  the agency shall be annually reviewed and approved by the governing body
  of the agency.
    (b)  The  agency  shall:  (i) maintain adequate inventory controls and
  accountability  systems  for  all  property  under  its  control;   (ii)
  periodically  survey  such property to determine which property shall be
  disposed of;  (iii)  produce  a  written  report  of  such  property  in
  accordance with subdivision three of this section; (iv) perform the care
  and  handling  of  such  property;  and  (v) transfer or dispose of such
  property as promptly as possible in accordance with this section.
    3. Disposal of agency property. (a) Supervision and direction.  Except
  as  otherwise  provided  in  this section, the contracting officer shall
  have supervision and direction over the disposition of property  of  the
  agency.  Notwithstanding  any  other provision of this title, the agency
  shall not dispose of any interest in real property without approval by a
  duly enacted resolution of the county legislature.
    (b) Custody and control. The custody and control of  the  property  of
  the  agency, pending its disposition, and the disposal of such property,
  shall be performed by the agency.
    (c) Method of disposition. Subject to the provisions of this  section,
  the  agency  may  dispose  of property for not less than the fair market
  value of such property by sale, exchange, lease,  permit,  or  transfer,
  for  cash, credit, or other property, with or without warranty, and upon
  such other terms and conditions as the contracting officer deems proper,
  and it may execute such documents for the transfer  of  title  or  other
  interest in property and take such other action as it deems necessary or
  proper to dispose of such property under the provisions of this section.
  Provided, however, that no disposition of real property, any interest in
  real  property, or any other property which because of its unique nature
  is not subject to fair market pricing shall be made unless an  appraisal
  of  the value of such property has been made by an independent appraiser
  and included in the record of the transaction.

    (d) Validity of deed,  bill  of  sale,  lease,  or  other  instrument.
  Subject  to the provisions of this section, a deed, bill of sale, lease,
  or other instrument executed by or on behalf of any  agency,  purporting
  to  transfer title or any other interest in property of the agency under
  this  section  shall  be  conclusive  evidence  of  compliance  with the
  provisions of this section insofar as concerns title or  other  interest
  of   any  bona  fide  grantee  or  transferee  who  has  given  valuable
  consideration for such title or other  interest  and  has  not  received
  actual or constructive notice of lack of such compliance.
    (e)   Bids   for   disposal;   advertising;   procedure;  disposal  by
  negotiation; explanatory statement.
    (i) All disposals or contracts for disposal of property of  an  agency
  made  or  authorized  by  the administrator shall be made after publicly
  advertising for bids except as provided in subparagraph  (iii)  of  this
  paragraph.
    (ii)   Whenever   public   advertising  for  bids  is  required  under
  subparagraph (i) of this paragraph:
    A. the advertisement for bids shall be made at such time prior to  the
  disposal  or  contract,  through  such  methods,  and  on such terms and
  conditions as shall permit full and free competition consistent with the
  value and nature of the property;
    B. all bids shall be publicly disclosed at the time and  place  stated
  in the advertisement; and
    C. the award shall be made with reasonable promptness by notice to the
  responsible  bidder  whose  bid,  conforming to the invitation for bids,
  will be  most  advantageous  to  the  state,  price  and  other  factors
  considered;  provided,  that  all bids may be rejected when it is in the
  public interest to do so.
    (iii)  Disposals  and  contracts  for  disposal  of  property  may  be
  negotiated  without  regard  to  subparagraphs  (i)  and  (ii)  of  this
  paragraph but subject to obtaining such competition as is feasible under
  the circumstances, if:
    A. the personal property involved is of a nature and  quantity  which,
  if disposed of under subparagraphs (i) and (ii) of this paragraph, would
  adversely  affect  the state or local markets for such property, and the
  estimated fair market value of  such  property  and  other  satisfactory
  terms of disposal can be obtained by negotiation;
    B.  the  fair  market  value  of  the property does not exceed fifteen
  thousand dollars;
    C. bid prices after advertising therefor are not reasonable, either as
  to all or some part of the property,  or  have  not  been  independently
  arrived at in open competition;
    D. the disposal will be to the state or any political subdivision, and
  the  estimated  fair market value of the property and other satisfactory
  terms of disposal are obtained by negotiation;
    E. such action is otherwise authorized by law.
    (iv) An explanatory statement shall be prepared of  the  circumstances
  of  each  disposal  by negotiation of any personal property which has an
  estimated fair market value in excess of fifteen thousand dollars or any
  real property that has an estimated fair market value in excess  of  one
  hundred  thousand  dollars, except that any real property disposed of by
  lease shall be subject to this subparagraph, if the total estimated rent
  is in excess of one hundred thousand dollars. Each such statement  shall
  be  transmitted  to the persons entitled to receive copies of the annual
  statement of the agency under this title not less than  thirty  days  in
  advance  of  such disposal, and a copy thereof shall be preserved in the
  files of the agency.