9 CRR-NY 298.9NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE G. OFFICE OF GENERAL SERVICES
CHAPTER III. DIVISION OF CENTRAL OPERATIONS
SUBCHAPTER D. BUREAU OF FEDERAL PROPERTY ASSISTANCE
PART 298. FEDERAL SURPLUS PROPERTY
9 CRR-NY 298.9
9 CRR-NY 298.9
298.9 Eligibility.
(a) State agency responsibility.
The SASP will determine the eligibility of public agencies and nonprofit health and educational institutions and organizations in accordance with 40 USC 549, and implementing Federal regulations FMR 102-37.380 through 102-37.430 and 102-37.445.
(b) Procedure.
(1) The SASP will provide each applicant institution or organization, upon request, with explanatory program information and requirements regarding eligibility and the necessary forms for submitting an application for program eligibility.
(2) Each applicant will be required to complete and submit an eligibility application which shall provide:
(i) the legal name and address of the institution or organization;
(ii) status of the institution or organization as a public agency; or as a nonprofit educational or public health institution or organization which has been determined to be nonprofit and tax exempt (under section 501 of the Internal Revenue Code of 1954) (must show proof of tax exempt status);
(iii) details concerning the institution or organization public program activities or, if it is a nonprofit institution or organization, its educational or public health program or programs including the specific educational or medical facilities of the organization;
(iv) documentary evidence that the institution or organization is approved, accredited or licensed, if such may be a requirement of one or more of the institution or organization programs;
(v) certification that the institution or organization is not debarred, suspended or excluded from any Federal program including procurement programs;
(vi) execution by the administrative head or chief executive officer of the institution or organization, of a certification and agreement designating one or more representatives to act for the institution or organization acquiring donable property from the SASP, to obligate necessary funds of the institution or organization for this purpose and to execute State agency distribution documents certifying to compliance with the terms, conditions, reservations and restrictions that the SASP and/or GSA may establish on the use and disposal of property;
(vii) execution of an assurance of compliance with GSA regulations on nondiscrimination including 40 U.S.C. 122, title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4a), as amended, and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and title IX of the Education Amendments of 1972 (20 U.S.C. 1681-1688), as amended, and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107); and
(viii) information as to size and scope of institution or organization program(s); sources of funds; annual budget and financial resources; resident population; number of persons, pupils, patients, inmates or clients served; and/or other basic data as may be pertinent to evaluation of the institution or organization's relative needs and resources; and a statement on the kind of equipment, vehicles, machines or other items of property needed by the institution or organization.
(c) Eligibility to receive donated surplus Federal property.
(1) Section 549(d) of title 40, United States Code authorizes Federal surplus property under the control of the Department of Defense (DOD) to be donated, through the SASP, to educational activities which are of special interest to the armed services (SEAs).
(2) Section 549(c)(3) of title 40 of the United States Code authorizes the SASP to donate surplus Federal property to public agencies and to non-profit educational or public health institutions such as:
(i) medical institutions;
(ii) hospitals;
(iii) clinics;
(iv) health centers;
(v) drug abuse or alcohol treatment centers;
(vi) providers of assistance to homeless individuals;
(vii) providers of assistance to impoverished families and individuals;
(viii) schools;
(ix) colleges;
(x) universities;
(xi) schools for the mentally disabled;
(xii) schools for the physically disabled;
(xiii) child care centers;
(xiv) radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations;
(xv) museums attended by the public;
(xvi) libraries, serving free all residents of a community, district, State or region; and
(xvii) historic light stations as defined under section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w-7[e][2]), including a historic light station conveyed under subsection (b) of that section, notwithstanding the number of hours that the historic light station is open to the public.
(3) Section 213 of the Older Americans Act of 1965, as amended (42 U.S.C. 3020d), authorizes donations of surplus Federal property to State or local government agencies, or nonprofit organizations or institutions that receive Federal funding to conduct programs for older individuals.
(4) Eligibility forms can be accessed using the following links:
(i) State/Public Agencies - http://www.ogs.state.ny.us/supportservices/fedSurplus/cs401.pdf
(ii) Not For Profits - http://www.ogs.state.ny.us/supportservices/fedSurplus/cs400.pdf
(iii) Fire Departments - http://www.ogs.state.ny.us/supportservices/fedSurplus/fire.pdf
(5) The SASP may request the GSA assistance in making eligibility determinations.
(d) Maintaining eligibility.
(1) The SASP shall review and update donee's eligibility every three years to continue a donee's eligibility.
(2) When an eligible donee ceases to operate or loses its license, accreditation or approval, or otherwise fails to maintain its eligibility status or conform to imposed program requirements, that SASP shall temporarily defer the previously determined eligible donee from program participation.
9 CRR-NY 298.9
Current through March 31, 2021
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