[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR102-36.190]

[Page 96]
 
           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 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.