D.C. Mun. Regs. tit. 27, § 934
934.1 The Certification and Agreements Form which shall be filed pursuant to §910.1, shall contain the provisions specified in this section.934.2 The donee shall certify that it is a public agency; or a nonprofit educational or public health institution or organization, exempt from taxation under §501 of the Internal Revenue Code of 1954; within the meaning of §203(j) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of Administrative Services.934.3 The donee shall certify that, if a public agency, the property is needed and shall be used by the recipient for carrying out or promoting for the residents of a given political area one (1) or more public purposes; or, if a nonprofit tax-exempt institution or organization, the property is needed for and shall be used by the recipient for educational or public health purposes, and including research for such purpose. The donee shall certify that the property is not being acquired for any other use or purpose or for sale or other distribution; or for permanent use outside the State, except with prior approval of the State Agency for Surplus Property (SASP).934.4 The donee shall certify that funds are available to pay all costs and charges incident to donation.934.5 The donee shall certify that this transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VI of the Civil Rights Act of 1964, §606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, §504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and §303 of the Age Discrimination Act of 1975.934.6 The donee shall agree that all items of property shall be placed in use for the purposes for which acquired within one (1) year of receipt and shall be continued in use for such purposes for one (1) year from the date the property was placed in use. In the event the property is not so placed in use, or continued in use, the donee shall immediately notify the SASP and at the donee's expense, return such property to the SASP, or otherwise make the property available for transfer or other disposal by the SASP, provided the property is still usable as determined by the SASP.934.7 The donee shall agree to any special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon.934.8 The donee shall agree that in the event the property is not so used or handled as required by §§934.6 and 934.7, title and right to the possession of that property shall at the option of GSA revert to the United States of America and upon demand the donee shall release that property to that person as GSA or as its designee shall direct.934.9 The donee agrees to the following conditions imposed by the SASP, applicable to items with a unit acquisition cost of three thousand dollars (\$3,000) or more and passenger motor vehicles, regardless of acquisition cost, except vessels fifty feet (50') or more in length and aircraft:- (a) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s).
- (b) There shall be a period of restriction which will expire after that property has been used for the purpose(s) for which acquired for a period of eighteen (18) months from the date the property is placed in use, except for any items of major equipment, listed
on the form, on which the SASP designates a further period of restriction.
(c) In the event the property is not so used as required by §§934.9(a) and (b) and 934.6 and 934.7 have expired then title and right to the possession of that property shall at the option of the SASP revert to the State of D.C. and the donee shall release that property to any person as the SASP shall direct.
934.10 The donee shall agree that from the date it receives the property listed hereon and through the period(s) of time the conditions imposed by §§934.6, 934.7, 934.8 and 934.9 remain in effect, the donee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outside the State, without the prior approval of GSA or the SASP pursuant to this section. The proceeds from any sale, trade, lease, loan, bailment, encumbrance or other disposal of the property, when any action is authorized by GSA or by the SASP, shall be remitted promptly by the donee to GSA or the SASP, as the case may be.
934.11 The donee shall agree that in the event any of the property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or otherwise disposed of by the donee from the date it receives the property through the period(s) of time the conditions imposed by this section and remain in effect, without the prior approval of GSA or the SASP, the donee, at the option of GSA or the SASP shall pay to GSA or SASP, as the case may be, the proceeds of the disposal or for the fair market value or the fair rental value of the property at the time of the disposal, as determined by GSA or the SASP.
934.12 The donee shall agree that if at any time, from the date it receives the property through the period(s) of time the conditions imposed by this section remain in effect, any of the property listed hereon is no longer suitable, usable, or further needed by the donee for the purpose(s) for which acquired, the donee shall promptly notify the SASP, and shall, as directed by the SASP, return the property to the SASP, release the property to another donee or another SASP, a department or agency of the United States, sell or otherwise dispose of the property. The proceeds from any sale shall be remitted promptly by the donee to the SASP.
934.13 The donee shall make reports to the SASP on the use, condition, and location of the property listed hereon, and on other pertinent matters as may be required from time to time by the SASP.
934.14 At the option of the SASP, the donee may abrogate the conditions set forth in (c) and the terms, reservations and restrictions pertinent thereto in (d) by payment of an amount as determined by SASP.
934.15 The donee shall agree the property acquired by the donee is on an "as is" basis, without warranty of any kind.
934.16 Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss or damage to donated property with unexpired terms, conditions, reservations or restrictions, occurs, the SASP shall be entitled to reimbursement from the donee out of the insurance proceeds, of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items.
934.17 The donation of aircraft and vessels (fifty feet (50") or more in length) having an acquisition cost of three thousand dollars ($3,000) or more, regardless of the purpose for which acquired shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer Document executed by the authorized donee representative.
SOURCE: Final Rulemaking incorporating 24 DCR 1705, 1742 (August 19, 1977).