D.C. Mun. Regs. r. 27-905

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-905 - DONATION OF FEDERAL SURPLUS PROPERTY

905.1

The State Agent must determine whether an applicant is eligible to receive a donation of federal surplus property in the District's possession.

905.2

When a determination has been made by the State Agent to donate federal surplus property, donations may be made to the following sources:

(a) Any public agency for use in carrying out or promoting for the residents of the District one or more public purposes, such as conservation, economic development, education, parks and recreation, public health, and public safety; or

(b) To a nonprofit educational or public health institution or organization that is exempt from taxation under section 501 of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501 ), including-

(i) a medical institution, hospital, clinic, health center, or drug abuse treatment center;

(ii) a provider of assistance to homeless individuals or to families or individuals whose annual incomes are below the poverty line (as that term is defined in Section 673 of the Community Services Block Grant Act ( 42 U.S.C. § 9902 ));

(iii) a school, college, or university;

(iv) a school for the mentally retarded or physically handicapped;

(v) a child care center;

(vi) a radio or television station licensed by the Federal Communications Commission as an educational radio or educational television station;

(vii) a museum attended by the public;

(viii) a public library;

(ix) a historic light station 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; or

(x) an organization whose membership comprises substantially all veterans (as defined under Section 101 of Title 38) and representatives are recognized by the Secretary of Veterans Affairs under Section 5902 of Title 38.

905.3

The distribution of federal surplus property should be done in a fair and equitable manner based on the relative needs and resources of interested District agencies and other eligible institutions in the District, and their abilities to use the property.

905.4

When an eligible donee ceases to operate, whether by loss of license, accreditation, approval or otherwise, or fails to satisfy all financial obligations as required or fails to maintain a reasonable posture regarding all financial obligations, D.C. SASP shall terminate the distribution of federal surplus personal property immediately upon notification.

905.5

When a determination has been made by the State Agent that property has not been put into use by a donee within one (1) year from the date of receipt, or when the donee ceases to use the property within one (1) year after it has been received, the donee shall, at the direction of the CPDO do one (1) of the following:

(a) Return all usable surplus personal property at the donee's expense, to the D.C. SASP warehouse;

(b) Transfer all usable property to another eligible donee; or

(c) Make another disposal arrangement deemed appropriate by the CPDO.

905.6D.C. SASP may impose reasonable terms, conditions, reservations, and restrictions on the use of the donated property.

905.7D.C. SASP shall maintain a donee wish-list which shall serve as a fundamental tool designed to neutralize the necessity of frequent visits to the warehouse in search of desired properties. D.C. SASP employees shall be guided by these requests in the screening and selection of property.

D.C. Mun. Regs. r. 27-905

Final Rulemaking incorporating 24 DCR 1705, 1712 (May 13, 1983); as amended by Final Rulemaking published at 60 DCR 9345 (June 21, 2013)

Authority: Sections 204 and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.04 and 2-361.06 ) (2012 Repl.)).