45 C.F.R. Subpart D—Modular Units
Title 45 - Public Welfare
In addition to the special requirements of §§1309.31 through 1309.34, the proposed purchase or request for approval of continuing purchase of a modular unit is subject to all of the requirements of this part with the following exceptions: (a) The requirements of §1309.33 apply rather than the requirement of §1309.10(i); and (b) Section 1309.21(d) of this part does not apply to the proposed purchase of modular units if the land on which the unit is installed is not owned by the grantee. [64 FR 5945, Feb. 8, 1999, as amended at 68 FR 23223, May 1, 2003] (a) An application for the purchase or approval of a continuing purchase of a modular unit pursuant to §1309.2 must state specifically where the modular unit is or will be installed, and whether the land on which the modular unit will be installed will be purchased by the grantee. If the grantee does not propose to purchase the land on which to install the modular unit or if the modular unit the grantee is continuing to purchase with Head Start funds is located on land not owned by the grantee, the application must state who owns the land on which the modular unit is or will be situated and describe the easement, right-of-way or land rental it will obtain or has obtained to allow it sufficient access to the modular unit. (b) Modular units which are purchased with grant funds and which are not permanently affixed to land, or which are affixed to land which is not owned by the grantee, must have posted in a conspicuous place the following notice: “On (date), the Department of Health and Human Services (DHHS) awarded (grant number) to (Name of grantee). The grant provided Federal funds for conduct of a Head Start program, including purchase of this modular unit. The grant incorporated conditions which included restrictions on the use and disposition of this property, and provided for a continuing Federal interest in the property. Specifically, the property may not be used for any purpose other than the purpose for which the facility was funded, without the express written approval of the responsible DHHS official, or sold or transferred to another party without the written permission of the responsible DHHS official. These conditions are in accordance with the statutory provisions set forth in 42 U.S.C. 9839; the regulatory provisions set forth in 45 CFR part 1309, 45 CFR part 74 and 45 CFR part 92; and Administration for Children and Families' grants policy.” (c) A modular unit which has been approved for purchase and installation in one location may not be moved to another location without the written permission of the responsible HHS official. [64 FR 5945, Feb. 8, 1999, as amended at 68 FR 23223, May 1, 2003] (a) An application for the purchase of a modular unit must include a statement describing the procedures which will be used by the grantee to purchase the modular unit. (b) This statement must include a copy of the specifications for the unit which is proposed to be purchased and assurance that the grantee will comply with procurement procedures in 45 CFR parts 74 and 92, including assurance that all transactions will be conducted in a manner to provide, to the maximum extent practical, open and free competition. A grantee requesting approval for the use of Head Start funds for continued purchase of a modular unit must also include a copy of the specifications for the unit. [64 FR 5945, Feb. 8, 1999, as amended at 68 FR 23223, May 1, 2003] A grantee which purchases a modular unit with grant funds or receives approval of a continuing purchase must have the modular unit inspected by a licensed engineer or architect within 15 calendar days of its installation or approval of a continuing purchase, and must submit to the responsible HHS official the engineer's or architect's inspection report within 30 calendar days of the inspection. [68 FR 23223, May 1, 2003] Consistent with the cost principles referred to in 45 CFR part 74 and 45 CFR part 92, all reasonable costs necessary to the installation of a modular unit the purchase of which has been approved by the responsible HHS official are payable with grant funds. Such costs include, but are not limited to, payments for public utility hook-ups, site surveys and soil investigations.
Title 45: Public Welfare
PART 1309—HEAD START FACILITIES PURCHASE, MAJOR RENOVATION AND CONSTRUCTION
Subpart D—Modular Units
§ 1309.30 General.
§ 1309.31 Site description.
§ 1309.32 Statement of procurement procedure for modular units.
§ 1309.33 Inspection.
§ 1309.34 Costs of installation of modular unit.
