Appendix A to Part 2812 - Gift/Acceptance Agreement: Educational Institution or NonProfit Organization and the United States Department of Agriculture


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  • Gift/Acceptance Agreement (Agreement) between (USDA Agency) and (Educational Institution or NonProfit Organizations).

    (1) Purpose. The purpose of the Agreement is to establish a relationship between the U.S. Department of Agriculture (USDA Agency) and (Educational Institution or NonProfit Organization) concerning the transfer of excess research equipment to this educational institution or nonprofit organization for the conduct of technical and scientific education and research activities. Title of ownership transfers to the recipient.

    (2) Authority. Pub. L. 102-245, Sec. 303, amended, Section 11 of the Stevenson-Wydler Technology Innovation Act of 1980, by adding subsection (i), Research Equipment, which provides that “the Director of the laboratory, or the head of any Federal agency or department, may give research equipment that is excess to the needs of the laboratory, agency, or department to an educational institution or non-profit organization for the conduct of technical and scientific education and research activities.”

    (3) Objectives and program elements. This Agreement is intended to provide a mechanism for the transfer of excess research equipment from USDA to the (Educational Institution or Nonprofit Organization) in accordance with the procedures set out in the regulations implementing Pub. L. 102-245.

    (4) Management. In order to enable close collaboration, it is agreed that the (Educational Institution or NonProfit Organization) will provide to (USDA Agency) an annual inventory listing of property acquired under Pub. L. 102-245.

    The (USDA Agency) and (Educational Institution or NonProfit Organization) will each identify a coordinator to implement this Agreement. These coordinators shall meet when necessary to review new Federal property regulations.

    The coordinators shall seek to resolve any disputes concerning the Agreement through good faith discussions.

    (5) Effective date and revision or termination. The Agreement shall enter into effect upon signature and shall remain in effect for 3 years. It may be extended or amended by written agreement of the parties at any time prior to its expiration or termination. The Agreement may be terminated at any time upon 60 days written notice by either party to the other. The termination of the Agreement shall not affect the validity of any property transactions under the Agreement which were initiated prior to such termination.

    Property Coordinators

    The property coordinators for this Agreement are:

    Name (Educational Institution/NonProfit Organization) (Complete Address and Phone Number) Name (USDA Coordinator) (Complete Address and Phone Number) Approved: (Educational Institution/NonProfit Organization) Date (USDA Agency Head) Date