7 CFR Part 25

Office of Operations, USDA § 2812.3

PART 2812—DEPARTMENT OF AG- the Federal Property and Administra- RICULTURE GUIDELINES FOR THE tive Services Act of 1949 (40 U.S.C. DONATION OF EXCESS RE- 484(j)). SEARCH EQUIPMENT UNDER 15 (c) Educational institution means a public or private, non-profit edu- U.S.C. 3710(i) cational institution, encompassing pre- kindergarten through twelfth grade Sec. 2812.1 Purpose. and two- and four-year institutions of 2812.2 Eligibility. higher education, as well as public 2812.3 Definitions. school districts. 2812.4 Procedures. (d) Educationally useful Federal equip- 2812.5 Restrictions. ment means computers and related pe- 2812.6 Title. 2812.7 Costs. ripheral tools (e.g., printers, modems, 2812.8 Accountability and recordkeeping. routers, and servers), including tele- 2812.9 Disposal. communications and research equip- 2812.10 Liabilities and losses. ment, that are appropriate for use in AUTHORITY: 5 U.S.C. 301; E.O. 12999, 61 FR pre-kindergarten, elementary, middle, 17227, 3 CFR, 1997 Comp., p. 180. or secondary school education. It shall

SOURCE: 60 FR 34456, July 3, 1995, unless also include computer software, where otherwise noted. the transfer of licenses is permitted. (e) Excess personal property. Items of § 2812.1 Purpose. personal property no longer required This part sets forth the procedures to by the controlling Federal agency. be utilized by USDA agencies and lab- (f) Federal empowerment zone or enter- oratories in the donation of excess re- prise community (EZ/EC) means a rural search equipment to educational insti- area designated by the Secretary of Ag- tutions and non-profit organizations riculture under 7 CFR part 25. for the conduct of technical and sci- (g) Non-profit organization means any entific education and research activi- corporation, trust association, coopera- ties as authorized by 15 U.S.C. 3710(i). tive, or other organization which: Title to excess research equipment do- (1) Is operated primarily for sci- nated pursuant to 15 U.S.C. 3710(i), entific, educational, service, chari- shall pass to the donee. table, or similar purposes in the public interest; § 2812.2 Eligibility. (2) Is not organized primarily for Eligible organizations are edu- profit; and cational institutions or non-profit or- (3) Uses its net proceeds to maintain, ganizations involved in the conduct of improve, or expand its operations. For technical and scientific educational the purposes of this part, ‘‘non-profit and research activities. organizations’’ may include utilities affiliated with institutions of higher § 2812.3 Definitions. education, or with state and local gov- (a) Cannibalization. The dismantling ernments and federally recognized In- of equipment for parts to repair or en- dian tribes. hance other equipment. The residual is (h) Research equipment. Federal prop- reported for disposal. Cannibalization erty determined to be essential to con- is only authorized if the property value duct scientific or technical educational is greater when cannibalized than re- research. tention in the original condition. (i) Technical and scientific education (b) Community-based educational orga- and research activities. Non-profit tax nization means nonprofit organizations exempt public educational institutions that are engaged in collaborative or government sponsored research or- projects with pre-kindergarten through ganizations which serve to conduct twelfth grade educational institutions or that have education as their pri- technical and scientific education and mary focus. Such organizations shall research. qualify as nonprofit educational insti- [60 FR 34456, July 3, 1995, as amended at 65 tutions for purposes of section 203(j) of FR 69857, Nov. 21, 2000]

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§ 2812.4 Procedures. (4) Shipping instructions (Donee con- tact person) (a) [Reserved] (5) Complete description of property, (b) Each agency head will designate including acquisition amount, serial in writing an authorized official to ap- no., condition code, quantity, and prove donations of excess property/ agency order no. equipment under this part. (6) This statement needs to be added (c) After USDA screening has been following property descriptions. ‘‘The accomplished, excess personal property property requested hereon is certified targeted for donation under this part to be used for the conduct of technical will be made available on a first-come, and scientific education and research first-served basis. If there are com- activities. This donation is pursuant to peting requests, donations will be made the provisions of Pub. L. 102–245.’’ to eligible recipients in the following priority order: (g) Once the excess personal property/ equipment is physically received, the (1) Educationally useful Federal donee is required to immediately re- equipment for pre-kindergarten turn a copy of the SF–122 to the donat- through twelfth grade educational in- ing agency indicating receipt of re- stitutions and community-based edu- quested items. Cancellations should be cational organizations in rural EZ/EC reported to DEPPC so the property can communities; be reported to the General Services Ad- (2) Educationally useful Federal ministration (GSA). equipment for pre-kindergarten through twelfth grade educational in- NOTE: The USDA agency shall send an institutions and community-based edu- formational copy of the transaction to GSA. cational organizations not in rural EZ/ [60 FR 34456, July 3, 1995, as amended at 65 EC areas; FR 69857, Nov. 21, 2000] (3) All other eligible organizations. (d) Upon reporting property for ex- § 2812.5 Restrictions. cess screening, if the pertinent USDA (a) The authorized official (see agency has an eligible organization in § 2812.4(b)) will approve the donation of mind for donation under this part, it excess personal property/equipment in shall enter ‘‘P.L. 102–245’’ in the note the following groups to educational in- field. The property will remain in the stitutions or nonprofit organizations excess system approximately 30 days, for the conduct of technical and sci- and if no USDA agency or cooperator entific educational and research activi- requests it during the excess cycle, the ties. Departmental Excess Personal Prop- erty Coordinator will send the agency a ELIGIBLE GROUPS copy of the excess report stamped, ‘‘DONATION AUTHORITY TO THE FSC group Name HOLDING AGENCY IN ACCORDANCE 19 ...... Ships, Small Craft, Pontoons, and Floating WITH P.L. 102–245.’’ The holding USDA Docks. agency may then donate the excess 23 ...... Vehicles, Trailers and Cycles. property to the eligible organization. 24 ...... Tractors. (e) Donations under this Part will be 37 ...... Agricultural Machinery and Equipment. accomplished by preparing a Standard 43 ...... Pumps, Compressors. 48 ...... Valves. Form (SF) 122, ‘‘Transfer Order-Excess 58 ...... Communication, Detection, and Coherent Radi- Personal Property’’. ation Equipment. (f) The SF–122 should be signed by 59 ...... Electrical and Electronic Equipment Compo- both an authorized official of the agen- nents. 65 ...... Medical, Dental, and Veterinary Equipment and cy and the Agency Property Manage- Supplies. ment Officer. The following informa- 66 ...... Instruments and Laboratory Equipment. tion should also be provided. 67 ...... Photographic Equipment. (1) Name and address of Donee Insti- 68 ...... Chemicals and Chemical Products. 70 ...... General Purpose Automatic Data Processing tution (Ship to) Equipment, Software Supplies, and Support (2) Agency name and address (holding Equipment. Agency) 74 ...... Office Machines and Visible Record Equip- (3) Location of property ment.

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NOTE: Requests for items in FSC Groups or § 2812.8 Accountability and record- Classes other than the above should be re- keeping. ferred to the agency head for consideration and approval. USDA requires that property re- (b) Excess personal property/equip- quested by a donee be placed into use ment may be donated for cannibaliza- by the donee within a year of receipt tion purposes, provided the donee sub- and used for at least 1 year thereafter. mits a supporting statement which Donees must maintain accountable clearly indicates that cannibalizing the records for such property during this requested property for secondary use time period. has greater potential benefit than uti- lization of the item in its existing § 2812.9 Disposal. form. When the property is no longer need- § 2812.6 Title. ed by the donee, it may be used in sup- Title to excess personal property/ port of other Federal projects or sold equipment donated under this Part will and the proceeds used for technical and automatically pass to the donee once scientific education and research ac- the sponsoring agency receives the SF– tivities. 122 indicating that the donee has received the property. § 2812.10 Liabilities and losses. USDA assumes no liability with re- § 2812.7 Costs. spect to accidents, bodily injury, ill- Donated excess personal property/ ness, or any other damages or loss re- equipment is free of charge. However, lated to excess personal property/equip- the donee must pay all costs associated ment donated under this part. The with packaging and transportation, un- donee is advised to insure or otherwise less the sponsoring agency has made protect itself and others as appro- other arrangements. The donee should priate. specify the method of shipment.

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