260:80-1-23 - Eligibility

260:80-1-23. Eligibility

(a) Pursuant to provisions of 49 USC 549, 41 CFR.102-37.380 through 102-37.430 and provisions of this Section, the Agent shall accept and review applications from donee applicants and determine whether an applicant conforms to one of the categories of eligible donees and meets eligibility requirements to receive surplus property.

(b) The Agent shall utilize a standard application form for completion and submission by public and nonprofit donee applicants, for use by the Agent to determine whether the applicant meets eligibility requirements. The Agent may request GSA assistance to determine whether an applicant meets eligibility requirements.

(c) The application form shall request the following information:

(1) Legal name, address and, if necessary, directions to the physical location of the donee applicant;

(2) Function of the donee applicant as a public agency or an eligible non-profit agency;

(3) Explanation of the donee applicant program or mission and types of property needed;

(4) Donee applicant financial information including funding sources;

(5) Donee applicant certification of compliance with applicable federal nondiscrimination statutes, including Title 40, United States Code - Public Buildings, Property and Works, Subtitle I, Chapter 5. Section 122, Title VI of the Civil Rights Act of 1964 (42 U. S. C. 2000d-2000d-4a), Section 504 of the Rehabilitation Act of 1973 (29 U. S. C. 794), as amended, and section 303 of the Age Discrimination Act of 1975 (42 U. S. C. 6101-6107) and Title IX of the Education Amendment of 1972 (20 U.S.C. 1681 - 1688 (as amended) ;

(6) If applicable, donee applicant certification of recognition as a state public agency by adopted resolution of a governing body;

(7) Evidence of donee applicant approval, accreditation, or licensing or other standards of operation documentation as defined by 41 CFR.102-37.395;

(8) Certification that the donee applicant is not currently debarred, suspended, declared ineligible or otherwise excluded from any federal program including procurement programs; and

(9) Require that a nonprofit and tax-exempt applicant donee provide evidence that it is tax-exempt pursuant to Section 501 of the Internal Revenue Code;

(d) The Agent may request a donee applicant to submit additional documentation to substantiate or clarify information the applicant submits on the eligibility form.

(e) The Agent shall maintain donee eligibility records in donee specific files.

(f) In determining the eligibility of a donee applicant, the Agent will follow the guidelines of 41 CFR.102-37.380 though 102-37.430.

(g) The donee shall provide the Agent written authorization from the donee's governing body or Chief Executive Officer (CEO) designating at least one person to act for the donee in acquiring property. The Agent shall seek updated information from donees as required to ensure the Agent maintains current donee information. The Agent shall update eligibility records as needed, but no less than every three years from the eligibility approval date.

(1) If a donee changes its CEO prior to expiration of the eligibility time period established by the Agent, the donee shall submit a new application to the Agent. The application must designate at least one person to act for the donee in acquiring property.

(2) The Agent shall establish an eligibility expiration date for nonprofit donees to correspond with the expiration of annual appropriations, licensing or certification.

(h) If a donee fails to submit documents to substantiate continued eligibility, the Agent shall terminate distribution of property to the donee and seek recovery of usable property subject to use restrictions and requirements at the expense of the donee. If the Agent is unable to retrieve the property, the Agent shall utilize provisions of (g) of Section 260:80-1-25 to notify GSA of donee noncompliance.

(i) If the Agent renders a negative eligibility determination, the donee applicant may appeal the decision.

(1) The applicant shall provide written notice to the Agent requesting appeal of the determination. The Agent, will, in turn, forward all related documentation to GSA. GSA's decision will be final.

(2) The Agent shall provide written notice to the applicant citing reasons for denial.

(3) The applicant may request GSA review of the Agent determination.

(4) If the applicant requests GSA review, the Agent shall abide by the final GSA determination.

(j) The Agent may grant conditional eligibility and provide property to a donee applicant pursuant to provisions of 41 CFR 102 - 37.420 through 102-37.430.

(Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014)

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