Martha,

We have not run into this situation...yet?

Some clarification questions:

> What was the cost of the equipment item purchased?
> Was it purchased under a grant, contract, cooperative agreement?
> Evidently, DoC must be claiming some interest in the item (title). Was this spelled out in the terms of your award?

Larry

~~~~~~~~~~~~~~~~~~~~~~~
Larry Waxler, Director
Office of Sponsored Programs
University of Southern Maine
1 Chamberlain Avenue
P.O. Box 9300
Portland, ME  04104-9300
Telephone: 207-780-4413
Telefax: 207-780-4927

>>> Martha Taylor <xxxxxx@AUBURN.EDU> 4/24/2014 11:03 AM >>>
Just got pinged by the Dept of Commerce over filing a UCC-1 for some equipment that was purchased under DOC funding.  As an instrumentality of the state we are not supposed to do this.  The response from DOC was that our CCR registration indicates we are a non-profit and as such we have to do this.

I hope I am not alone in being fatigued with the age-old dilemma of how a public university is not really a 501(c)3 but sort of acts like a 501(c)3 and donations to us are exempt for the donor under IRC 170 (or something like that).  We have Education institution (1862 land grant and state controlled IHE) as qualifiers in SAM as well as the profit choice of "other not for profit" so I am not sure where the DOC non-profit issues came from but.....

Anyone got any good ideas to help me figure out next steps.  The project has ended and now they want us to file the UCC-1 or ?else? .....

Martha M. Taylor
Assistant VP for Research
Auburn University
310 Samford Hall
Auburn, AL 36849
xxxxxx@auburn.edu

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