AGO 1951-53 No. 18.

Case DateApril 13, 1951
CourtWashington
Washington Attorney General Opinions 1951. AGO 1951-53 No. 18. April 13, 1951[Orig. Op. Page 1]PRIVATESTATE OWNED PERSONAL PROPERTY --- SALES OF --- CASH OR INSTALLMENT BASIS.The state may, through the division of purchasing of the department of public institutions, sell state owned personal property other than for cash; and full compliance with statutory requirements should be followed and performance bond if appropriate.Honorable H. D. Van EatonDirectorDepartment of Public InstitutionsOlympia, WashingtonCite as: AGO 1951-53 No. 18Attention: !ttH. R. Washington, Supervisor Division of Purchasing Dear Sir: We acknowledge receipt of your request of this office for an opinion in which you ask whether the state may sell state owned personal property, which had been declared surplus by the department of highways, upon installment terms, rather than for cash. Our conclusion is stated as follows: The state may, through the division of purchasing of the department of public institutions, sell state owned personal property other than for cash; and full compliance with statutory requirements should be followed and performance bond if appropriate. ANALYSIS It appears from your letter that the department of highways has declared surplus a certain motor ferry, and in compliance with the usual procedures, a bid call was made in which payment by the successful bidder shall be made [Orig. Op. Page 2] in full at the time of starting to remove the items purchased. The highest bid was $7,500.00 for cash, or by an alternative bid of $11,100.00 on terms. There appears to be no statutory provision delineating just how surplus state owned personal property may be sold from the view point of whether or not the entire purchase price must be paid at the time of delivery. The director of public institutions through the division of purchasing has the duty a power to make purchases of supplies and equipment for the state through the central stores, and to salvage, repair and service equipment and to provide an equipment pool for the various state agencies. Section 1 et seq., chapter 160, Laws of 1943, (§ 10898-1 et seq., Rem. Supp. 1943). In said statute, which incidentally does not say anything of the disposal of state owned personal property, the powers were conferred upon the director of finance, budget and business, which department however was...

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