Section 0690-01-01-.04 - FAIR AND EQUITABLE DISTRIBUTIONThe Stage Agency will make property available to the eligible units in the State on a fair and equitable basis. When eligible units indicate an interest in property, it will be distributed on a fair and equitable basis based on their relative needs, resources and ability to utilize the property.
(1) Factors considered in the distribution of property based on relative needs, resources and ability to utilize the property.(a) Relative needs - In considering requests of potential recipients, the criteria for determining the relative needs will be:1. Size and types of programs conducted.2. Contemplated use and frequency of use.3. Economic condition of agency, activity or institution.4. Critical or urgent need.5. Geographical location (urban, suburban or rural).6. Interest and expression of need on the part of the donee in the property available.(b). Relative resources - In considering the request of potential recipients, the criteria for determining relative resources will be:1. Funding sources and availability (grants, donations, taxes, etc.).2. Equipment availability.(c). Ability to utilize - In considering requests of potential recipients, the criteria for evaluating ability to utilize property will be:1. Length of time in contemplated usage.2. When item can be put in use.3. Availability of funds to repair or maintain property in use.4. Ability of the donee to select and remove property from the distribution center of a Federal activity on a timely basis.5. Type and quantity of property received by the donee to date.(2) The State Agency operates a distribution center to serve the eligible donees in the distribution of available property. To insure that eligible donees located a greater distance from the distribution center will receive equity in the distribution of desirable items, the donees are invited to submit a listing of major items needed such as vehicles, construction equipment, materials handling equipment, machine tools, generators, air compressors, business machines, boats, aircraft, large electronics and scientific type items, etc. The agency employees will be guided by these requests in their search and selection of property. This equipment (major items) will be distributed on the basis of need, resources, and ability to utilize the property as outlined in Section (1) above. The distribution center is open for donees to visit eight hours per day, five days a week. Small miscellaneous items will be available on a supermarket plant, with quantity limited to any one donee depending upon the total quantity on hand.(3) The State Agency will recommend to General Services Administration the certification of donee screeners, as are qualified and needed in accordance with FPMR 101-44.116. The State Agency will, insofar as practical, economical, and considering equitable distribution among its donees, select that property requested by the donees, and the agency will arrange for direct pickup or shipment of the property to the donee if requested to do so.(4) Donees which suffer or experience a local disaster and/or loss of property due to fire, flood, tornado, etc., will be given a temporary priority for all requested items of property. Special efforts will be made to locate and distribute needed property to them.(5) Where competing requests are received for property items, the State Agency will make a determination as to the donee based on the evaluation of the criteria in paragraph (1) above.Tenn. Comp. R. & Regs. 0690-01-01-.04
Original Rule filed August 3, 1977, effective September 30, 1977.Authority: T.C.A. Sections 4-330(15), 12-333(5A), and 49-808 through 49-810. See also Public Law No. 94-519.