Current through Register Vol. 41, No. 3, September 23, 2024
A. General.
1. Public agencies. Surplus personal property
may be donated through the State Agency to any public agency in the
Commonwealth of Virginia, or political subdivision thereof, including any unit
of local government or economic development district; or any department,
agency, instrumentality thereof, including instrumentalities created by compact
or other agreement between states or political subdivisions,
multijurisdictional substate districts established by or pursuant to state law,
or any Indian tribe, band, group, pueblo, or community located on a state
reservation. Surplus property acquired must be used by the public agency to
carry out or to promote for the residents of a given political area one or more
public purposes such as conservation, economic development, education, parks
and recreation, public health, public safety, and emergency services.
2. Nonprofit educational or public health
institutions. Surplus personal property may also be donated to nonprofit
educational or health institutions as determined under § 501 of the Internal
Revenue Code of 1986 such as: medical institutions, hospitals, clinics, health
centers, nursing homes, schools, colleges, universities, schools for the
mentally retarded and physically handicapped, child care centers, educational
radio and television stations, museums, libraries, and programs for Older
Americans as described in FMR 102-37.380(c). Surplus property acquired must be
used by the eligible nonprofit educational or public health institutions or
organizations for the primary functions for which the activity receives donable
property and not for a nonrelated or commercial purpose.
B. Determination of eligibility. The State
Agency is responsible for the determination that an applicant is eligible as a
public agency or a nonprofit educational or public health institution or
organization to participate in the program and receive donations of surplus
personal property. Approvals shall be granted only when an applicant meets the
provisions and criteria for approval as stated in 40 USC § 549 and FMR
102-37.385. The eligibility status of each eligible entity is updated every
three years after the initial approval. Reference is made to subsection D of
this section. Eligibility files for skilled nursing homes; intermediate care
facilities; alcohol and drug abuse centers; programs for older individuals; and
other programs that are certified, approved and licensed annually must be
updated every year.
C. Eligibility
procedures.
1. An agency, institution, or
organization interested in receiving federal surplus property must establish
eligibility by requesting an eligibility application form, complete the
requested information, and mail the entire application material to the State
Agency.
2. The State Agency will
review the application and notify the applicant of approval, disapproval, or
the need of additional required information.
D. Information to be included in the
application for eligibility.
1. Legal name,
address, telephone number;
2.
Status of applicant:
a. Public Agency: to
designate the type such as state agency, city, county, town,
multijurisdictional authority, college, university, school, school systems,
hospital, clinic, health center, Indian reservation, or aging center;
b. Nonprofit educational institution: to
designate type such as college, university, kindergarten, elementary, high
school, vocational, technical, special, mentally retarded or physically
handicapped, rehabilitation, child care, aging, museum, and library;
c. Nonprofit health institutions: designate
type such as medical institution, hospitals, clinics, health centers, skilled
nursing homes.
3.
Prepare a public or nonprofit agency application. If nonprofit, include as
evidence, a copy of the tax exemption under § 501 of the Internal Revenue Code
of 1986.
4. Concise description of
the applicants public program such as naming departments, services or
activities, plants, facilities, and staff. If a nonprofit health or educational
institution provide concise descriptions of the specific offerings, services,
plants, facilities, and staff so State Agency can determine eligibility
qualifications and definitions of eligible entities.
5. Evidence of approval, accreditation, or
licensing. If such evidence is lacking, a letter of evaluation from appropriate
program authority such as county, city, state department, college or
university, or school system, may be submitted in lieu of such
evidence.
6. The Nondiscrimination
Assurance, Exhibit 6 of
1VAC30-120-150, is executed by the
donee authorized representative as a requirement for approval of the
eligibility application, and prior to acquiring surplus property.
Assurance of Compliance with GSA Regulations under the
nondiscrimination regulations issued under Title VI of the Civil Rights Act of
1964 ( 42 USC § 2000d through 2000d-4), 40 USC § 122), Section 504 of the
Rehabilitation Act of 1973 ( 29 USC § 794), as amended, Title IX of the
Education Amendments of 1972 20 USC §§ 1681 through 1688, as amended, and
Section 303 of the Age Discrimination Act of 1975 ( 42 USC §§ 6101 through 6107
).
7. Application to be
signed by the administrative head or other responsible official of the
applicant who has authority to act for the applicant in all matters pertaining
to federal surplus property including the eligibility application, acquisition
of federal surplus property, obligation of necessary funds, execute documents,
certification to terms, conditions and restrictions, use, and disposal of the
property.
8. Supplementary
information may be requested as to relative needs, resources, and utilization
abilities, to aid the State Agency in the fair and equitable distribution of
available property.
9. When an
eligibility approval is granted a donee, the administrative head or other
responsible official, will be requested to designate a person to handle and be
responsible for all affairs pertaining to federal surplus property. This person
may authorize one or more additional persons who may select and sign for
property for the eligible recipient. Signatures of all authorized persons will
be on file in the State Agency.
E. Conditional eligibility. In certain cases
newly organized activities may not have commenced operations or completed
construction of their facilities, or may not yet have been approved,
accredited, or licensed as may be required to qualify as eligible donees. In
other cases there may be no specific authority which can approve, accredit, or
license the applicant as required for qualification. In these cases the State
Agency may accept letters from public authorities, either local or state, which
the State Agency deems competent such as a board of health or a board of
education that the applicant otherwise meets the standards prescribed for
approved, accredited, or licensed institutions and organizations. In the case
of educational activities, letters from accredited or approved institutions
that students from the applicant institution have been and are being accepted
may be deemed sufficient by the State Agency.
