Charles is correct that the institution owns the equipment. The institution also owns the responsibility for ensuring it is used for the benefit of Federal programs.

Here's what the UG has to say about it...

2CFR200.313(c)(1)
... When no longer needed for the original program or project, the equipment may be used in other activities supported by the Federal awarding agency, in the following order of priority:
(i) Activities under a Federal award from the Federal awarding agency which funded the original program or project, then
(ii) Activities under Federal awards from other Federal awarding agencies.

So, I would advise against sending to a for-profit enterprise if there is any other Federally sponsored work going on at your institution that could make use of the equipment.

-Jennifer

Jennifer Shambrook, Ph.D.
Director of Research Programs and Services
Office of Research & Commercialization
University of Central Florida
12201 Research Parkway, Suite 501
Orlando, FL 32826-3246

Phone: (407)823-0387
Fax: (407)823-3299
xxxxxx@ucf.edu

On 7/7/16 5:53 PM, "Hathaway, Charles" <xxxxxx@NYMC.EDU> wrote:

>PI researcher at institution purchases equipment using NIH grant funds.
>After grant ends, researcher continues to use equipment on other
>projects in lab.
>
>Researcher leaves institution for position at a for-profit entity.  Can
>the equipment be taken with the researcher to the new job?
>
>My understanding is that the original NIH grantee institution, if
>non-profit (i.e. an "exempt" grantee), retains title to the equipment
>and is exempt from further obligation to the federal government.
>Therefore, the institution is not bound by regulations when deciding
>whether or not to release the equipment to the researcher.  The
>ultimate destination and use of the equipment is not a factor.
>
>Am I correct?
>
>Thanks
>
>Charlie Hathaway
>
>
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