U.S. General Services Administration Eligibility and Compliance The Basics Mark Brantley GSA, Atlanta, GA

Eligibility 2

Who determines the applicant’s eligibility? 3 The SASP makes the eligibility determination. A SASP may request GSA guidance, when needed. For SEA applicants, the Defense Department will determine eligibility to receive DOD surplus property through the SASP. For SBA 8(a) contractors, the SBA will determine eligibility

Eligibility Categories Public Agencies (examples): – Conservation – Economic Development – Education – Parks & Recreation – Public Health – Public Safety Non-Profit Organizations (examples) – Education Schools Museums Child Care Centers – Public Health Hospitals Clinics Drug and Alcohol Treatment Centers 2

Eligibility Categories (continued) Service Educational Activities (SEA) (examples) – Boy Scouts – Girl Scouts – Red Cross – JROTC Small Business Administration, SBA 8(a) Vendors Programs for Impoverished Programs for Homeless Programs for Older Individuals Veterans Service Organizations recognized by the Secretary of the VA 2

Basic Eligibility Criteria Conform to the definition of eligible categories listed in and Part Appendix C - Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations Demonstrate approval, accreditation, or licensing requirement for the operation of its program Prove that it is a public agency or a nonprofit and tax- exempt organization under section 501 of the IRS Certify that it is not debarred, suspended, or excluded from any Federal program, including procurement programs Operate in compliance with applicable Federal nondiscrimination statutes 2

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Required in all Eligibility Files Eligibility Application Authorized Representatives List Debarment Certification and Nondiscrimination Assurance Statement File Approved/Denied Date of Last Renewal 2

NonProfit Requirements IRS 501 Ruling Narrative of program – Educational – courses, enrollment, facilities, staff, etc – Health – services, persons served, facilities, etc License, Accreditation or Approval Expiration date of license, accreditation or approval 2

What is “Approval, Accreditation or Licensing”? “Accreditation” - recognition that a donee meets the accrediting agency’s standards and requirements. “Approved” means recognition and approval by the State department of education, State department of health, or other appropriate authority where no recognized accrediting board, association, or other authority exists for the purpose of making an accreditation. – For educational – approval must relate to educational standards. – For health – approval must relate to medical standards “Licensed” means recognition and approval by the appropriate State or local authority approving institutions or programs in specialized areas. 2

Volunteer Fire/Rescue Include narrative of services, persons served, facilities, etc Charter or Approval by Proper Government Authority Proof of Public Funding – Usually this proof must be provided on an annual basis 2

Programs for Older Individuals IRS 501 Ruling Narrative of services, persons served, facilities, etc Proof of funding: Older Americans Act of 1965, as amended, under title IV or title XX of the Social Security Act (42 U.S.C. 601 et seq.), or under titles VIII and X of the Economic Opportunity Act of 1964 (42 U.S.C et seq.) and the Community Services Block Grant Act (42 U.S.C et seq.). 2

Museums Museums include aquariums and zoological parks; botanical gardens and arboretums; nature centers; museums relating to art, history (including historic buildings), natural history, science, and technology; and planetariums. IRS 501 Ruling Narrative with staff, hours open to the public, etc – Must be open to the public for at least 1,000 hours annually – Admission fees should be reasonable – At least one full time staff member, or the equivalent thereof Paid or unpaid 2

Operates a program which provides assistance such as food, shelter, or other services to homeless individuals. A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings For purposes of this part, the term “homeless individual” does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State law. Letter from public official having responsibility for homeless programs 14 Provider of Assistance to Homeless Individuals

Provider of Assistance to Impoverished Primary function is to provide money, goods, or services to families or individuals whose annual incomes are below the poverty line (as defined in section 673 of the Community Services Block Grant Act) (42 U.S.C. 9902) Letter from public official having responsibility for impoverished programs Providers include food banks, self-help housing groups, and organizations providing services such as the following: 2 Health Care Medical Transportation Scholarships/Tuition Assistance Tutoring/Literacy Assistance Job Training/Placement Employment Counseling Child Care Assistance Meals Clothing Home Construction/Repairs Utility/Rent Assistance Legal Counsel

Small Business Administration, SBA 8(a) Vendors Referred to as the 8(a) or SBA program Outside of the authority of the Federal Donation Program SBA manages oversight including eligibility 2

Service Educational Activities (SEA) Organization of significance to the Department of Defense National organizations must be sponsored by a military service and approved by the Office of the Under Secretary of Defense SEA’s may ONLY receive property that came from DoD 2 American National Red Cross Armed Services YMCA Big Brothers/Big Sisters Boys and Girls Clubs of America Boy Scouts Girl Scouts JROTC Marine Cadets of America National Ski Patrol Naval Sea Cadets United Service Organizations U.S. Olympic Committee Young Marines Little League Baseball

For VETS Act of 2013 Veterans Organizations The term “veteran” means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. Organization’s membership is at least 33% veterans Organization recognized by the Secretary of Veterans Affairs under section 5902 of title 38. Not required to be nonprofit Property acquired for “purposes of providing services to veterans”. 2

U.S. General Services Administration 2 Compliance

Terms and Conditions of Donation Property must be placed in use for the purposes for which it was donated within 1 year of donation At its own expense, the donee will return to the SASP any property not placed in use for the purposes for which it was donated within 1 year of donation, or which ceases to be used for such purposed within the period of restriction (i.e. depending on property, period of restriction is 1 year, 18 months, 60 months, or perpetual) 2

Terms and Conditions of Donation SASP can impose terms and conditions on the use of any item of property having a unit acquisition cost of $5,000 or more and any passenger motor vehicle. Upon execution of the SASP distribution document, donee agrees it has conditional title only to the property during the applicable period of restriction. Full title to the property will vest in the donee only after the donee has met all of the donation requirements. 2

Terms and Conditions of Donation Donee will obtain permission from the SASP before selling, trading, leasing, loaning, bailing, cannibalizing, encumbering or otherwise disposing of property during the period of restriction, or removing it permanently for use outside the State. 2

Utilization Reviews/Compliance Checks SASP must conduct utilization reviews in accordance with their State Plan of Operation, GSA policies, and regulations. Purpose is to ensure the property is being used in accordance with the terms and conditions of the donation Important dates – Determine when the property was placed into use – Determine that the property was used for the full period of restriction 2

Problems – Eligibility or Compliance Immediately contact Center of Expertise: – GSA Regions 1, 2, 3, 4, 5, NCR Greg Flores (312) – GSA Regions 6, 7, 8, 9, 10 Lori Marrs (817)

Questions?