As used in this subpart the following definitions apply: DOE Field Organizations means the DOE Federal management activities, including Operations Offices, Field Offices, Area Offices, Site Offices, Energy Technology Centers, and Project Offices staffed by Federal employees. Education-related and Federal research equipment includes but is not limited to DOE-owned property in FSCG 34, 36, 41, 52, 60, 61, 66, 67, 70, and 74 (See 41 CFR 101-43.4801(d)), and other related equipment, which is deemed appropriate for use in improving math and science curricula or activities for elementary and secondary school education, or for the conduct of technical and scientific education and research activities. Eligible recipient means local elementary and secondary schools and nonprofit organizations. Elementary and secondary schools means individual public or private educational institutions encompassing kindergarten through twelfth grade, as well as public school districts. Facilities under DOE Field Organization cognizance means national laboratories, production plants, and project sites managed and operated by DOE contractors or subcontractors. § 109-50.203 Eligible equipment. (a) Education-related and research equipment will include, but is not limited to the following FSCGs: FSCG AND DESCRIPTION 34 Metalworking Machinery. 41 Refrigeration, Air Conditioning and Air Circulating Equipment. 52 Measuring Tools 60 Fiber Optics Materials, Components, Assemblies and Accessories. 61 Electric Wire, and Power and Distribution Equipment. 66 Instruments and Laboratory Equipment. 67 Photographic Equipment. 70 General Purpose Automatic Data Processing Equipment (Including Firmware), Software, Supplies and Support Equipment 74 Office Machines, Text Processing Systems and Visible Record Equipment. (b) Other related equipment may be provided if deemed appropriate and approved by the Director, Office of Lab oratory Policy and Infrastructure Management. § 109-50.204 Limitations. (a) Excess and/or surplus educationrelated and Federal research equipment at DOE Field Organizations and cognizant facilities is eligible for transfer as a gift under this program. However, safety, environmental, and health matters must be considered. (b) Title to the equipment will transfer upon the recipient's written acknowledgement of receipt. (c) The Director, Office of Laboratory Policy and Infrastructure Management may authorize gifts of excess and/or surplus education-related and Federal research equipment by signature on the appropriate gift instrument where the book value of an item of equipment exceeds $25,000 or the cumulative book value of the gifts under this program to any one institution exceeds $25,000. HCA or designee may authorize gifts of excess and/or surplus education-related and Federal research equipment of lesser individual and cumulative book value by signature on the appropriate gift instrument. Delegations by the HCA to authorize gifts of excess and/or surplus education related and Federal research equipment shall be in writing to a specific individual, for a specified period of time, and for a specified (or unlimited) level of authority. (d) Gifts shall be serviceable and in working order. Disposal Condition Codes 1 and 4, as defined in 41 CFR 10143.4801(e), meet this criteria. Serviceability of equipment should be verified before the gift is made to the eligible recipient. may receive gifts of equipment in support of the partnership. (d) Precollege institutions not in a partnership with DOE may receive equipment at the recommendation of the chief State School Board Officer. The Chief State School Board Officer will determine which schools within the state will receive which equipment. Consideration for placement of the equipment should be based on: (1) The elementary or secondary schools determined to have the greatest need; or (2) Recipients of federally funded math and science projects where the equipment would further enhance the progress of the project. (e) Eligible recipients will have 30 days to select and freeze, on a first come, first serve basis, the items desired and submit a request for selected items stating: (1) Why the gift is needed; and (2) How the gift will be used to improve math and science curricula or in the conduct of technical and scientific education and research activities. (f) The cost of shipping should be minimal and not more than the actual equipment value. (g) An Equipment Gift Agreement will be prepared and used to provide the gift to eligible recipients. The gift agreement will be in the format provided in section 109-50.4801 of this subchapter. The agreement shall be numbered for control purposes, and signed by the Director, Office of Laboratory Policy and Infrastructure Management or the HCA or designee, as appropriate, and an appropriate official resenting the eligible recipient. § 109-50.206 Reporting. rep (a) Gifts made under this program shall be included in the annual report of property transferred to non-Federal recipients, as required by 41 CFR 10143.4701(c) and §109-43.4701(c) of this chapter. (b) A copy of each equipment agreement shall be forwarded to the Director, Office of Laboratory Policy and Infrastructure Management. Subpart 109-50.3 [Reserved] § 109-50.402 Submission of proposals. Proposals involving programmatic disposals of DOE personal property located in mixed facilities to contractors operating that facility shall be forwarded through the appropriate program organization to the DPMO, for review and processing for approval. Each such request shall include all information necessary for a proper evaluation of the proposal. The proposal shall include, as a minimum: (a) The purpose of the mixed facility; (b) The description, condition, acquisition cost, and present use of the DOE personal property involved. (c) The programmatic benefits which could accrue to DOE from the disposal to the contractor (including the considerations which become important if the disposal is not made); (d) The appraised value of the DOE personal property (preferably by independent appraisers); and (e) The proposed terms and conditions of disposal including: (1) Price; (2) Priority to be given work for DOE requiring the use of the transferred property, and including the basis for any proposed charge to DOE for amortizing the cost of plant and equipment items; (3) Recapture of the property if DOE foresees a possible future urgent need; and (4) Delivery of the property, whether "as is-where is," etc. § 109-50.403 Need to establish DOE program benefit. When approval for a proposed programmatic disposal of DOE personal property in a mixed facility is being sought, it must be established that the disposal will benefit a DOE program. For example, approval might be contingent on showing that: (a) The entry of the contractor as a private concern into the energy program is important and significant from a programmatic standpoint; and (b) The sale of property to the contractor will remove obstacles which otherwise discourage entry into the field. Subpart 109-50.48-Exhibits § 109-50.4800 Scope of subpart. This subpart exhibits information referenced in the text of part 109-50 of this chapter that is not suitable for inclusion elsewhere in that part. § 109-50.4801 Equipment Gift Agree ment. (a) The following Equipment Gift Agreement format will be used to provide gifts of excess and/or surplus equipment to eligible recipients under the Math and Science Equipment Gift Program (see subpart 109-50.2 of this chapter). EQUIPMENT GIFT AGREEMENT (Reference Number) Between The U.S. Department of Energy and (Name of Eligible Recipient) I. Purpose The Department of Energy shall provide as a gift, excess and/or surplus education-related and Federal research equipment to (Name of Eligible Recipient), hereafter referred to as the Recipient, for the purpose of improving the Recipient's math and science education curricula or for the Recipient's conduct of technical and scientific education and research activities. II. Authority Federal agencies have been directed, to the maximum extent permitted by law, to give highest preference to elementary and secondary schools in the transfer or donation of education-related Federal equipment, at the lowest cost permitted by law. Furthermore, subsection 11(i) of the Stevenson Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3710 (i)), authorizes the Director of a laboratory, or the head of any Federal agency or department to give excess research equipment to an educational institution or nonprofit organization for the conduct of technical and scientific education and research activities. III. Agreement A. The Department of Energy agrees to provide the equipment identified in the attached equipment gift list, as a gift for the purpose of improving the Recipient's math and science curricula or for the Recipient's conduct of technical and scientific education and research activities. B. Title to the education-related and Federal research equipment, provided as a gift under this agreement, shall vest with the Recipient upon the Recipient's written acknowledgement of receipt of the equipment. The acknowledgement shall be provided to (Name of the DOE signatory) at (address). C. The Recipient will be responsible for any repair and modification costs to any equipment received under this gift. D. The Recipient hereby releases and agrees to hold the Government, the Department of Energy, or any person acting on behalf of the Department of Energy harmless, to the extent allowable by State law, for any and all liability of every kind and nature whatsoever resulting from the receipt, shipping, installation, operation, handling, use, and maintenance of the education-related and Federal Research equipment provided as a gift under this agreement. E. The Recipient agrees to use the gift provided herein for the primary purpose of improving the math and science curricula or for the conduct of technical and scientific education and research activities. F. The Recipient agrees to provide for the return of the equipment if such equipment, while still usable, has not been placed in use for its intended purpose within one year after receipt from the Department of Energy. (U.S. Department of Energy Office) |