[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR102-36.190]

[Page 101-102]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
               CHAPTER 102--FEDERAL MANAGEMENT REGULATION
 
PART 102-36--DISPOSITION OF EXCESS PERSONAL PROPERTY--Table of Contents
 
Subpart C--Acquiring Excess Personal Property for Non-Federal Recipients
 
Sec. 102-36.190  Must we always pay 25 percent of the original acquisition 
cost when furnishing excess personal property to project grantees?

    No, you may acquire excess personal property for use by a project 
grantee without paying the 25 percent fee when any of the following 
conditions apply:
    (a) The personal property was originally acquired from excess 
sources by your agency and has been placed into official use by your 
agency for at least one year. The Federal Government retains title to 
such property.
    (b) The property is furnished under section 203 of the Department of 
Agriculture Organic Act of 1944 (16 U.S.C. 580a) through the U.S. Forest 
Service in connection with cooperative State forest fire control 
programs. The Federal Government retains title to such property.
    (c) The property is furnished by the U.S. Department of Agriculture 
to State or county extension services or agricultural research 
cooperatives under 40 U.S.C. 483(d)(2)(E). The Federal Government 
retains title to such property.
    (d) The property is not needed for donation under part 101-44 of 
this title, and is transferred under section 608 of the Foreign 
Assistance Act of 1961, as amended (22 U.S.C. 2358). Title to such 
property transfers to the grantee. (You need not wait until after the 
donation screening period when furnishing excess personal property to 
recipients under the Agency for International Development (AID) 
Development Loan Program.)
    (e) The property is scientific equipment transferred under section 
11(e) of the National Science Foundation (NSF) Act of 1950, as amended 
(42 U.S.C. 1870(e)). GSA will limit such transfers to property within 
Federal Supply

[[Page 102]]

Classification (FSC) groups 12, 14, 43, 48, 58, 59, 65, 66, 67, 68 and 
70. GSA may approve transfers without reimbursement for property under 
other FSC groups when NSF certifies the item is a component of or 
related to a piece of scientific equipment or is a difficult-to-acquire 
item needed for scientific research. Regardless of FSC, GSA will not 
approve transfers of common-use or general-purpose items without 
reimbursement. Title to such property transfers to the grantee.
    (f) The property is furnished in connection with grants to Indian 
tribes, as defined in section 3(c) of the Indian Financing Act (24 
U.S.C. 1452(c)). Title passage is determined under the authorities of 
the administering agency.