West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-11 - Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Determination
				of Eligibility. The manager of the SASP will determine the eligibility of
				applicants to participate in and receive surplus personal property through the
				program established by 40 U.S.C. section 549. Standards and guidelines
				contained in 40 U.S.C. section 549 will be followed in making the determination
				of eligibility for each applicant. As stated in these guidelines, property may
				be distributed to: "Any public SASP for use in carrying out or promoting for
				the residence of a given political area one (1) or more public purposes, such
				as conservation, economic development, education, parks and recreations, public
				health and public safety"; or "[A]ny nonprofit educational or public health
				institution or organization, such as medical institutions, hospitals, clinics,
				health centers, schools, colleges, universities, providers of assistance to
				homeless or impoverished, programs for older individuals and sheltered
				workshops, schools for the handicapped, child care centers, radio and
				television stations, museums attended by the public, and libraries serving free
				all residents of a community, district, state or region which is exempt from
				taxation under Section 501-C-3 of the
Internal Revenue Code of
				1986,
for purposes of education or public health (including research
				for any such purposes)." The SASP will provide surplus property information to
				potential eligible applicants through public information efforts. Applicants
				for eligibility will be provided detailed instructions, application forms and
				assistance upon request. For the Application for eligibility, see
Appendix C of the State Plan of Operation
.
11.2. Donee eligibility
				records are to include at a minimum:
11.2.a.
				Completion of the application for eligibility showing legal name and address of
				donee
11.2.b. Provide documentary
				evidence of status as a public SASP, a nonprofit educational institution or a
				public health institution or organization.;
11.2.c. Provide details concerning program
				activities to include specific public programs or specific nonprofit
				educational or medical facilities operated, their functions, locations,
				purposes, etc.;
11.2.d. Provide
				evidence of tax exemption under Section 501 of the
Internal
				Revenue Code of 1986
if the donee is a nonprofit education or
				public health institution or organization.
11.2.e. Provide evidence that the applicant
				is approved, accredited or licensed, if required. Donee's eligibility will be
				reviewed, updated and validated every three (3) years, with the exception of
				fire department applications, which will be validated annually, if the fire
				department is eligible to participate in the federal property
				program.
11.2.f. Provide means and
				methods of finding;
11.2.g.
				Furnish an authorization signed by the chief administrative officer or
				executive head of the donee designating one (1) or more representatives to act
				for the applicant to:
(1) Acquire donable
				property from the SASP;
(2)
				Obligate any necessary funds of the applicant for this purpose;
(3) Execute the SASP distribution document,
				including terms , condition, reservations and restrictions that the SASP or GSA
				may establish on the use and disposal of the property;
11.2.h. Provide assurances of compliance with
				Title IV of the Civil Rights Act of 1964, as amended,
				40 U.S.C.
				549, and Section 504 of the Rehabilitation
				Act of 1973, as amended; Title IX of the Education Amendments Act of 1972, as
				amended, and Section 303 of the Age Discrimination Act of 1975;
11.2.i. Provide a list of types of property
				needed.