Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › SURPLUS PROPERTY DIVISION › Chapter 305-9-1 - SURPLUS PROPERTY DIVISION PROCEDURES › Section 305-9-1-.06 - Rules And Procedures For The Declaration, Disposal, Delivery, Transfer, Receipt, Listing, And Sale Of Surplus Personal Property

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Entities
				eligible for surplus personal property.
(a)
				For State Surplus Property, those entities eligible include any city, county,
				board of education, volunteer fire department, civil defense agency, or state
				department, board, bureau, commission, or public agency that is found not to be
				in violation of any of these Surplus Property Division rules and regulations
				during a period of 12 months immediately preceding the intended purchase of
				state surplus personal property may be considered as an entity eligible to
				participate in such purchase. However, if such entity has an unresolved audit
				exception, audit finding, or owes a refund or any other amount to any division
				within the Department of Economic and Community Affairs, or to the federal
				government, then that entity shall be declared ineligible to participate in the
				state surplus property program until such unresolved audit exception or audit
				finding has been cleared or such amounts owed have been paid.
(b) For federal surplus property, those
				entities eligible include public agencies, approved or accredited nonprofit
				educational or public health institutions or organizations, nonprofit
				tax-exempt institutions or organizations that receive appropriated funds for
				programs for older individuals, and homeless agencies.
(c) The Surplus Property Division is
				responsible for determining if an applicant is eligible to participate in the
				surplus property program. A four part application packet has been designed for
				this applicant eligibility determination purpose. Potentially eligible donees
				will be provided with an application packet upon request to the Surplus
				Property Division. The Surplus Property Division will update an eligible
				entity's eligibility file once every three years to ensure its continuing
				eligibility status. Each entity desiring to participate in the program must
				provide the following information in the application.
1. The legal name and address of the
				applicant.
2. The status of the
				applicant as a public agency, a nonprofit educational or public health
				institution or organization, or a nonprofit tax-exempt institution or
				organization that receives funds for programs for older individuals. The
				nonprofit and tax-exempt status must be determined according to section 501 of
				the Internal Revenue Code of 1954.
3. Details concerning the applicant's public
				program activities. In the case of nonprofit institutions and organizations,
				such details include their educational or public health programs and the
				specific educational or medical facilities operated by the applicant. In the
				case of nonprofit tax-exempt institutions and organizations which receive funds
				for programs for older individuals, the same information must be
				detailed.
4. Evidence which
				indicates that the applicant is approved, accredited, or licensed in cases
				where such approval, accreditation, or licensing is a requirement of one or
				more of the applicant's programs.
5. A written authorization signed by the
				chief administrative officer or executive head of the applicant, designating a
				representative to act for the applicant in:
(i) acquiring donable property from the
				Surplus Property Division;
(ii)
				obligating any necessary funds for the purpose of acquiring such donable
				property;
(iii) executing Surplus
				Property Division distribution documents which obligate the applicant to the
				terms, conditions, reservations, and restrictions which the Division, or the
				General Services Administration in the case of federal surplus property, has
				imposed on the use and disposal of the property; and
(iv) re-delegating this authority to other
				persons for the purpose of a single purchase transaction or on a continuing
				purchase basis.
6.
				Necessary assurances that if federal surplus property is going to be purchased
				by the applicant, then the applicant will comply with General Services
				Administration regulations on nondiscrimination.
7. A statement of the types and kinds of
				major equipment needed by the applicant for use in its public programs,
				educational programs, public health programs, and older individual programs, as
				well as a statement of financial information to be used by the Surplus Property
				Division to evaluate the applicant's relative needs and resources.
(d) When an eligible entity ceases
				to operate, or if it loses its approval, accreditation, or license, or if it
				otherwise fails to maintain its eligibility status with the Surplus Property
				Division, then donations of surplus property to that entity shall be
				terminated.