Chapter 5: Applicability and Eligibility
Chapter 5: Applicability and Eligibility
5.1 Eligibility Applicability
5.1 Eligibility Applicability
This information is provided so state entities will have a better understanding of the disposal options available, and how surplus property can be used by other eligible recipients.
It is not intended to replace donee eligibility regulations or utilization and compliance restrictions or any other applicable laws or regulations.
5.2 Eligibility Determination
5.2 Eligibility Determination
Georgia’s Surplus Program is not an entitlement program.
Eligible program participants are called “donees.” Donee eligibility is determined on a case-by-case basis in accordance with state and federal laws and regulations. Interested entities must complete the appropriate eligibility application process and must comply with the requirements of periodic updating to retain their eligibility. The following classifications of entities will be considered for participation:
- All state government agencies, commissions, authorities, and universities are eligible to receive state and federal surplus property. State entities (primarily authorities) authorized by law and electing to manage their own property disposal are still eligible to receive state and federal surplus. However, such transactions will be conducted the same as for a local government, and state property will be conveyed as a Direct Negotiated Sale.
- All local government (county, city, town, etc.) entities are eligible to participate in state and federal surplus property programs.
- Nonprofit organizations classified by the Internal Revenue Service (IRS) as 501 (c) organizations may be considered to receive state and federal surplus property.
- Veteran Service Organizations (VSO) designated by the Secretary of the federal Department of Veterans Affairs are eligible to participate in the federal surplus property program and may be eligible for the state program depending on their business status and service(s) provided.
- Service Education Activities (SEA) designated by the Secretary of Defense may be eligible for federal DOD property.
- Small Business Administration (SBA) 8A program participants may be eligible to participate in the federal surplus property program. Eligibility is established by the SBA.
5.2(a) Direct negotiated sales to out-of-state political subdivisions and charitable institutions are processed on a case-by-case basis. These customers are not considered eligible program participants, except under limited circumstances where Surplus has determined such a sale would be in the best interest of the state.
5.3 Redistribution Definition and Order of Precedence
5.3 Redistribution Definition and Order of Precedence
For state surplus property, redistribution is defined as transfers between state entities and/or direct negotiated sales to eligible donees and vendor returns.
In keeping with the mission of equitable and appropriate redistribution of surplus property, the following order of precedence will be generally adhered to for the redistribution of all state surplus property:
- State Entities
- Municipal Government Agencies
- Eligible Nonprofit Organizations (including VSO)
- Service Education Activities (federal DOD property only)
- Small Business Administration (federal property only)