(a) There is within the government of Guam a Board of Survey which shall be composed of five members appointed by the Governor with the advice and consent of the Legislature. The Board of Survey shall meet within fifteen days after preparation of a listing of surplus and lost property. No member shall be an employee of the government of Guam. No member shall receive compensation for his services on the Board of Survey. No member shall purchase or obtain surplus property upon its disposition. Noentity, charitable or for profit, in which a member is actively involved shall become eligible to purchase or obtain surplus property upon its disposition. Three members of the Board shall constitute a quorum and a majority of those present may take action on behalf of the Board.

(b) On the second Monday of each Quarter, each department administrator whose department has surplus or lost property shall provide the Director of Administration with a list of all personal property which has been disposed of in accordance with § 22703 of this Article, become unserviceable through wear and tear, obsolescence or otherwise, or how been lost. On the third Monday of each Quarter, the Director of Administration shall promulgate a listing of all surplus and lost property and distribute it to each department or agency within the government of Guam. Any department or agency may request transfer of the surplus property to it at no cost. The request for transfer shall indicate the intended use for such property. The Guam Community College and the Department of Vocational Rehabilitation may be requested to repair property if the property can be restored to use at a reasonable rate, provided, that no property shall be repaired or restored if the cost exceeds 65% of the value of the property.

(c) The Board of Survey shall authorize the transfer of property among agencies and departments of the government of Guam. If costs of repair have been incurred, then the acquiring agency shall pay such costs.

(d) If a department of agency proposed to use surplus property as a trade-in, then the Board of Survey shall approve the terms of the trade-in including the amount of the allowance.

(e) Property not disposed of by transfer or trade-in shall be sold as follows:

(1) Property with an acquisition cost of less than $1,000 or with an acquisition cost of more than $1,000 with a fair market value at the time of disposal of less than $500 maybe sold at fixed prices as determined by the Board at a surplus sale operated by the Department of Administration and open to the public at specified dates and times.

(2) Property with an acquisition cost of more than
$1,000 and with a fair market value at the time of disposal of more than $500 shall be sold to the highest bidder at an auction which has been advertised to the public more than 10 days in advance of such sale.

(3) All money received from such sale shall be deposited in the General Fund.

(f) Property which has not been transferred, traded in or sold after 60 days may be donated to a local charitable, social or civil association on a first come first served basis, or disposed of in any other way possible.

(g) If the property has been lost, then the Board of Survey shall review the circumstances of the loss, determine if the loss was due to the negligence of any employee and authorize the removal of the property from official government records. If the loss occurred because of the negligence of any employee, then the Board shall refer the matter to the Attorney General to pursue recovery of the loss.

(h) The provisions of this Section shall be applicable to the Executive, Legislative, and Judicial Branches of the Government unless the property is subject to disposal by Federal law.

SOURCE: GC § 6110 added by P.L. 10-72; amended by P.L. 16-61.

CROSS-REFERENCES: This section does not apply to surplus supplies, the definition and disposition of which are covered in 5 Guam Code Ann. § 5403 as part of the Procurement Law.