Purchases of Federal and State Surplus Property in California

California’s Public Contract Code, in Division 2, Part 2, Chapter 2, concerns the state acquisition of goods and services. Article 6 deals with the purchase of federal surplus property.

Section 10385 authorizes the Department of General Services to purchase, lease or otherwise acquire from the federal government or any agency for use of state agencies, surplus real property, including buildings, fixtures, and equipment situated, whenever in the department’s judgment the purchase or acquisition and the terms and conditions are in the best interests of the state.

Section 10386 specifies that all negotiations with the federal government or its agencies for or in connection with the purchase or acquisition of property, and all activities, functions and responsibilities pertaining, are vested in and assumed and conducted exclusively by the department.

Section 10387 requires the Department of General Services to keep in constant touch with federal agencies charged with the sale or disposition of federal property and secure from them full details as to the nature and availability of the property and the terms and conditions under which it can be purchased or acquired.

Section 10388 requires state agencies desiring to purchase or acquire federal property to submit their estimates or requisitions to the department, and pay for the property, in accordance with existing laws governing state purchases.

Section 10389 specifies that this article does not apply to the Trustees of the California State University.

Article 6.5 of Chapter 2 deals with state surplus personal property. Section 10389.1 requires the Department of General Services, if feasible and consistent with existing law, to first offer appropriate state surplus personal property to school districts prior to offering that property to the public, except for property more appropriately suited for public safety uses.

Section 10389.2 requires the Department of General Services’ policies and procedures regarding the disposition of state surplus computers, laptops, monitors, and related computer equipment to do all five of the specified tasks. In addition, DGS has to collaborate with the California Technology Agency to promote increased awareness among state agency officials of the requirement to remove from all state surplus computers all confidential, sensitive, and personal information prior to any disposition of those computers.