[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 32CFR34.22]



[Page 216-217]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 34_ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH 

FOR-PROFIT ORGANIZATIONS--Table of Contents

 

                    Subpart B_Post-award Requirements

 

Sec.  34.22  Federally owned property.



    (a) Annual inventory. Recipients shall submit annually an inventory 

listing of all Federally owned property in their custody (property 

furnished by the Federal Government, rather than acquired by the 

recipient with Federal funds under the award), to the DoD Component or 

other Federal agency responsible for administering the property under 

the award.

    (b) Use on other activities. (1) Use of federally owned property on 

other activities is permissible, if authorized by the DoD Component 

responsible for administering the award to which the property currently 

is charged.

    (2) Use on other activities will be in the following order of 

priority:

    (i) Activities sponsored by DoD Components' grants, cooperative 

agreements, or other assistance awards;

    (ii) Activities sponsored by other Federal agencies' grants, 

cooperative agreements, or other assistance awards;

    (iii) Activities under Federal procurement contracts, or activities 

not sponsored by any Federal agency. If so used, use charges shall be 

assessed to those activities. For real property or equipment, the use 

charges shall be at rates equivalent to those for which comparable real 

property or equipment may be leased. The use charges shall be treated as 

program income.

    (c) Disposition of property. Upon completion of the award, the 

recipient shall report the property to the responsible agency. The 

agency may:

    (1) Use the property to meet another Federal Government need (e.g, 

by transferring accountability for the property to another Federal award 

to the same recipient, or by directing the recipient to transfer the 

property to a Federal agency that needs the property, or to another 

recipient with a currently funded award).

    (2) Declare the property to be excess property and either:

    (i) Report the property to the General Services Administration, in 

accordance with the Federal Property and Administrative Services Act of 

1949 (40 U.S.C. 483(b)(2)), as implemented by General Services 

Administration regulations at 41 CFR 101-47.202; or

    (ii) Dispose of the property by alternative methods, if there is 

statutory authority to do so (e.g., DoD Components are authorized by 15 

U.S.C. 3710(i), the Federal Technology Transfer Act, to donate research 

equipment to educational and nonprofit organizations for the conduct of 

technical and



[[Page 217]]



scientific education and research activities. Such donations shall be in 

accordance with the DoD implementation of E.O. 12999 (3 CFR, 1996 Comp., 

p. 180), ``Educational Technology: Ensuring Opportunity for All Children 

in the Next Century,'' as applicable.) Appropriate instructions shall be 

issued to the recipient by the responsible agency.