N.H. Admin. Code § Adm 613.03

Current through Register No. 50, December 12, 2024

Section Adm 613.03 - Applications and Eligible Donees

(a) To be eligible for participation in the federal surplus property program, an applicant shall:

(1) Pursuant to 41 CFR 102-37.390, be an entity that falls within the definitions of eligible entities listed in 41 CFR 102-37.380 as further defined in 41 CFR 102-37, Appendix C, "Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations";

(2) Submit to the federal surplus property program a fully completed eligibility application; and

(3) Otherwise meet the standards for eligibility set forth in 41 CFR 102-37.

(b) Each applicant for participation in the federal surplus property program shall submit to the surplus distribution section a completed eligibility application.

(c) Applicants for the federal surplus property program, and recipients of property under that program shall abide by all provisions and requirements imposed on applicants for, and recipients of, federal surplus property under 41 CFR 102-37.

(d) Each applicant for participation in the federal surplus property program that is a nonprofit organization under 41 CFR 102-37.445 shall, in addition to a fully executed "Federal Surplus Property Program Eligibility Application", as amended 7-20-2023, submit to the surplus distribution section:

(1) A letter of determination from the United States Internal Revenue Service verifying that the applicant has been determined to be nonprofit and tax-exempt under 26 USC Section 501, commonly known as section 501 of the Internal Revenue Code;

(2) A description, in the form of a pamphlet, letter, or other writing produced by the applicant describing the specific programs and facilities operated by the applicant;

(3) If it is a requirement of one or more of the applicant's programs that it be approved, accredited, or licensed, within the meaning of 41 CFR 102-37 .390 (b) as further defined in 41 CFR 102-37, Appendix C, "Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations," a current copy of the applicant's approval, accreditation, or license or any other form of documentation specified at 41 CFR 102-37.395 ; and

(4) If the applicant conducts programs for older individuals as defined in 41 CFR 102-37, Appendix C, "Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations," a certification from the applicant that the program receives funds for this purpose.

(e) Each applicant for participation in the federal surplus property program that is a public agency shall, in addition to a fully executed eligibility application, submit to the surplus distribution section:

(1) If it is a requirement of one or more of the applicant's programs that it be approved, accredited, or licensed, within the meaning of 41 CFR 102-37.390 (b) as further defined in 41 CFR 102-37, Appendix C, "Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations," a current copy of the applicant's approval, accreditation, or license or any other form of documentation specified at 41 CFR 102-37.395 ; and

(2) If the applicant conducts programs for older individuals as defined in 41 CFR 102-37, Appendix C, "Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations," a certification from the applicant that the program receives funds for this purpose.

(f) If the applicant is a service educational activity as defined in 41 CFR 102-37.25, the applicant shall, in addition to a fully executed eligibility application, submit either:

(1) A letter from the applicant on its official letterhead, signed by an individual listed on the application form as authorized to act for the applicant, stating that it is affiliated with a specific, named service educational activity designated by the United States Department of Defense as eligible to receive surplus Department of Defense property; or

(2) A copy of the applicant's charter, if that charter indicates that the applicant is affiliated with a specific, named service educational activity designated by the United States Department of Defense as eligible to receive surplus Department of Defense property.

(g) If the applicant is a small business administration activity, veteran service organization, or veteran owned small business under 41 CFR 102-37, the applicant shall submit such supporting materials as are required in the eligibility application.

N.H. Admin. Code § Adm 613.03

#8310, eff 5-11-05; ss by #10364, eff 7-1-13

Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13422, Effective 7/30/2022, Expires 7/30/2032

Amended by Number 37, Filed September 14, 2023, Proposed by #13708, Effective 7/29/2023, Expires 7/29/2033 (see Revision Note at chapter heading for Adm 600).