Re: Equipment MDaniel@xxxxxx 11 Nov 1998 17:34 EST
Suzette, the title to equipment may depend on the value of the equipment at the end of the project period. In some cases, the agency does have the right to request transfer of equipment. See the post-award administration policies in the PHS Grants Policy Statement (on-line at http://www.nih.gov/grants/policy/gps/). Look through the section on "Post-award administration" for the subsection on Equipment and Supplies: ===quoted section === Under authority of Public Law 95-224, nonprofit institutions of higher education and nonprofit organizations whose primary purpose is the conduct of scientific research are exempted from further obligation to the Federal Government for equipment and supplies acquired under a grant for support of basic or applied scientific research, although PHS has the right to require transfer of title to certain equipment as provided in 45 CFR Part 74.136. The exemption does not apply to other types of institutions nor to other types of grants, e.g., training grants, regardless of the type of institution. All other equipment and supplies acquired under PHS grant-supported projects and activities are considered nonexempt. For items of equipment having a unit acquisition cost of $1,000 or more (for grants subject to 45 CFR Part 74) or $5,000 or more (for grants subject to 45 CFR Part 92), PHS has the right to require transfer of the equipment, including title, to the Federal Government or to an eligible third party named by the PHS awarding office under the conditions specified in 45 CFR Parts 74.136 and 92.32, respectively. This right applies to all types of grantees, including Federal institutions, under all types of grants under the stipulated conditions. === end of quoted section === Molly Daniel Grants Specialist Sarah Bush Lincoln Health System Mattoon, IL email: xxxxxx@sblhs.org ____________________Reply Separator____________________ Subject: Equipment Author: "Suzette S. Mauney" <xxxxxx@APPSTATE.EDU> Date: 11/11/98 8:35 PM I have a quick question regarding title to equipment in a Federal Grant. The clause is written as follows: Status of Equipment Purchased with Contract Funds: Title to the equipment purchased with funds under this Agreement shall be retained by the Division. The disposition of title to the equipment upon completion of the Agreement Shall be determined by the Division. (The agency is DHHS.) I questioned whether or not we should give up the title and also questioned the maintenance and repair. Is it true, that DHHS would get the title since they are a federal agency? My attorney advised me to ask for the title and now I am getting a conflicting answer from a faculty. The faculty said that in all federal grants they, meaning the agency, keep the title. Obviously, I am new at negotiating contracts and would appreciate any insight. Thanks, Suzette You can respond to me at xxxxxx@appstate.edu. ---------------------- Suzette S. Mauney Appalachian State University Assistant Director, Sponsored Programs (704)262-2694*fax(704)262-2709 xxxxxx@appstate.edu