[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR52b.11]



[Page 207]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 52b_NATIONAL INSTITUTES OF HEALTH CONSTRUCTION GRANTS--Table of 

Contents

 

Sec. 52b.11  What are the requirements for acquisition and modernization 

of existing facilities?



    Grant awards for the acquisition and modernization of existing 

facilities are permitted if authorized by the statutes authorizing the 

construction grant program and shall be subject to the requirements of 

this section.

    (a) Minimum standards of construction and equipment. A determination 

by the Director that the facility conforms (or upon completion of any 

necessary construction will conform) to the minimum standards of 

construction and equipment as set forth in Sec. 52b.12 shall be 

obtained before entering into a final or unconditional contract for the 

acquisition and/or modernization of facilities. Where the Director finds 

that exceptions to or modifications of these minimum standards would be 

consistent with the purposes of the applicable section of the Act under 

which the acquisition or modernization is supported, the Director may 

authorize the exceptions or modifications.

    (b) Estimated cost of acquisition and remodeling: suitability of 

facility. Each application for a project involving the acquisition of 

existing facilities shall include in the detailed estimates of the costs 

of the project, the cost of acquiring the facilities, and any cost of 

remodeling, renovating or altering the facilities to serve the purposes 

for which they are acquired. The application shall demonstrate to the 

satisfaction of the Director that the architectural, mechanical, 

electrical, plumbing, structural, and other pertinent features of the 

facility, as modified by any proposed expansion, remodeling, renovation, 

or alteration, will be suitable for the purposes of the applicable 

sections of the Act.

    (c) Bona fide sale. Grant awards for the acquisition of existing 

facilities shall be subject to the condition that the acquisition 

constitutes a bona fide sale involving an actual cost to the applicant 

and will result in additional or improved facilities for purposes of the 

applicable provisions of the Act.

    (d) Facility previously funded by a federal grant. No grant for the 

acquisition or modernization of a facility which has previously been 

funded in whole or in part by a federal grant for construction, 

acquisition, or equipment shall serve either to reduce or restrict the 

liability of the applicant or any other transferor or transferee from 

any obligation of accountability imposed by the Federal Government by 

reason of the prior grant.



(Approved by the Office of Management and Budget under Control Number 

0925-0424; expires November 30, 2001)