Section 90. Eligibility

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.

Historical Notes

Derived from VR330-04-03 §IX, eff. September 20, 1984; amended, Volume 29, Issue 17, eff. May 22, 2013.

Statutory Authority

§ 2.2-1123 of the Code of Virginia.