41 C.F.R. Subpart 109–50.2—Math and Science Equipment Gift Program
Title 41 - Public Contracts and Property Management
This subpart provides guidance on providing gifts of excess and/or surplus education related and Federal research equipment to elementary and secondary educational institutions or nonprofit organizations for the purpose of improving math and science curricula or conducting of technical and scientific education and research activities. The provisions of this subpart are applicable to DOE offices and designated contractors. 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. (a) Education-related and research equipment will include, but is not limited to the following FSCGs:
FSCG and Description 34 Metalworking Machinery. 36 Special Industry 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 Laboratory Policy and Infrastructure Management. (a) Excess and/or surplus education-related 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 101–43.4801(e), meet this criteria. Serviceability of equipment should be verified before the gift is made to the eligible recipient. (a) The DOE facility will set aside an appropriate amount of excess and/or surplus education-related and Federal research equipment for transfer under this program. (b) A list of available education-related and Federal research equipment will be prepared and distributed to eligible recipients and the chief State School Board Officer. (c) Precollege institutions with partnership arrangements with the DOE or its facilities (e.g., an adopted school) 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 representing the eligible recipient. (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 101–43.4701(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.
Title 41: Public Contracts and Property Management
PART 109–50—SPECIAL DOE DISPOSAL AUTHORITIES
Subpart 109–50.2—Math and Science Equipment Gift Program
§ 109-50.200 Scope of subpart.
§ 109-50.201 Applicability.
§ 109-50.202 Definitions.
§ 109-50.203 Eligible equipment.
§ 109-50.204 Limitations.
§ 109-50.205 Procedure.
§ 109-50.206 Reporting.
