2019-875-E AMS - NC State University electric vehicle charger replacement grant

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DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B eCFR— Code of Federal Regulations https:Hwww.eefr.govlcgi-biWtext-idx?SID=74dOb65502c549f3cI Idf... (b)If the Federal awarding agency has no further need for the property,It must declare the property excess and report it for disposal to the appropriate Federal disposal authority,unless the Federal awarding agency has statutory authority to dispose of the property by alternative methods(e.g.,the authority provided by the Federal Technology Transfer Act(IS U.S.C.3710(1))to donate research equipment to educational and non-profit organ lzetlons In accordance with Executive Order 12999,"Educational Technology: Ensuring Opportunity for All Children in the Next Century.").The Federal awarding agency must issue appropriate Instructions to the non-Federal entity, (c)Exempt federally-owned property means property acquired under a Federal award where the Federal awarding agency has chosen to vest title to the property to the non-Federal entlty without further obligation to the Federal Government,based upon the explicit terms and conditions of the Federal award,The Federal awarding agency may exercise this option when statutory authority exists,Absent statutory authority and specific terms and conditions of the Federal award,title to exempt federally-owned property acquired under the Federal award remains with the Federal Government. [78 FR 78608,Dec.26.2013,as amended at 79 FIR 75884,Dec.19,20141 §200.313 Equipment. See also§200.439 Equipment and other capital expenditures. (a) 17Ue. Subject to the obligatlons and conditions set forth In this section,title to equipment acquired under a Federal award will vest upon acquisition in the non-Federal entity.unless a statute specifically authorizes the Federal agency to vest title in the non-Federal entity without further obligatlon to the Federal Government,and the Federal agency elects to do so,the title must be a conditional title.Title must vest In the non-Federal amity subject to the following conditions: (1)Use the equipment for the authorized purposes of the project during the period of performance,or until the property Is no longer needed for the purposes of the project. (2)Not encumber the property without approval of the Federal awarding agency or pass-through entity. (3)Use and dispose of the property in accordance with paragraphs(b),(c)and(e)of this section. (b)A state must use,manage and dispose of equipment acquired under a Federal award by the state In accordance with state laws and procedures.Other non-Federal entities must follow paragraphs(c)through(a)of this section. (c)Use.(1)Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as needed,whether or not the project or program continues to be supported by the Federal award,and the non- Federal entity must not encumber the property without prior approval of the Federal awarding agency.When no I a n g a r 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 prlority: (i)Activities under a Federal award from the Federal awarding agency which funded the original program or project, then (il)Activities under Federal awards from other Federal awarding agencies.This Includes consolidated equipment for Information technology systems. (2)During tha time that equipment is used on the project or program for which it was aoquIred,the non-Federal entity must also make equipment available for use on other projects or programs currently or previously supported by the Federal Government,provided that such use will not interfere with the worts on the projects or program for which It was originally acquired.First preference for other use must be given to other programs or projects supported by Federal awarding agency that financed the equipment and second preference must be given to programs or projects under Federal awards from other Federal awarding agencies.Use for non-federally-funded programs or projects is also permissible.User fees should be considered If appropriate. (3)Notwithstanding the encouragement in§200.307 Program Income to earn program Income,the non-Federal entity must not use equipment acquired with the Federal award to provide services for a fee that is less than private companies charge for equivalent services unless specifically authorized by Federal statute for as long as the Federal Government retains an Interest In the equipment. (4)When acquiring replacement equipment,the non-Federal entity may use the equipment to be replaced as a trade- in or sell the property and use the proceeds to offset the cost of the replacement property. (d)Management requirements.Procedures for managing equipment(Including replacement equipment),whether acquired in whole or In part under a Federal award,until disposition takes place will,as a minlmum,meet the following requirements: 2 of 4 8/15/17, 12:15 PM