U.S. Department of Housing and Urban Development ADMINISTRATION Special Attention of: NOTICE 95-0006 ADM Issued: December 12, 1995 Expires: December 12, 1996 Cross References: Subject: HUD Excess Property Donation Program 1. PURPOSE. This notice establishes the policy for the U.S. Department of Housing and Urban Development (HUD) Excess Property Donation Program. 2. SCOPE. This notice applies to HUD Headquarters, State and Area Offices. 3. BACKGROUND. In accordance with subsection 11(i) of the Stevenson-Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3710(i)), and Executive Order 12821, dated November 16, 1992 entitled, "Improving Mathematics and Science Education in Support of the National Education Goals, Federal departments, agencies, and laboratories are authorized to assist in mathematics and science education to meet the National Education Goals. Section 2 of the Executive Order, Transfer of Education-Related Federal Equipment to Elementary and Secondary Schools, recommends that to the maximum extent permitted by law, all agencies shall give the highest preference to elementary and secondary schools in the transfer or donation of education-related Federal equipment. For clarity, the Executive Order provides the following definitions: a. "Educations related Federal equipment" means excess or surplus personal computers and related peripheral equipment, research equipment, and education related equipment that is appropriate for use in mathematics and science curricula in elementary and secondary school education. b. "Elementary and secondary schools" means individual public or private educational institutions encompassing kindergarten through twelfth grade, as well as public school districts. ARSMP: Distribution: W-3-1 c. "Research equipment" means excess or surplus Federal property appropriate for mathematics and science education activities at theelementary and secondary education levels, as defined by and in accordance with the regulations of the agency that owns the research equipment. Further, to ensure that elementary and secondary schools benefit from the program, the Executive Order established a Federal Coordinating Committee on Education-Related Federal Equipment. This Committee identified two methods by which Federal agencies can transfer/donate mathematical and scientific equipment to schools. These are: d. Direct Transfer - Stevenson-Wydler Act with Federal agency to manage and oversee execution of the transfer of scientific and research equipment. e. The GSA Donation Program - Property donated through GSA's donation program, in accordance with the Federal Property Act. 4. POLICY. a. The Department is supportive of efforts to improve our Nation's research and development programs and where appropriate, will transfer federally-owned property or originated technology to State and local governments and to the private sector for the conduct of such activities. b. Specifically, the Department will use the GSA Donation Program, cited above, to ensure that excess computers and computer-related equipment are donated to elementary and secondary educational institutions or eligible nonprofit organizations to promote technical and scientific education and research activities. Nonprofit organizations that are eligible to receive HUD's donated computers are those that are not currently grantees of Departmental programs or otherwise receiving appropriations mandated by Congress. c. Special requests for donee participants must be coordinated with the Office of Administrative and Management Services (OAMS), who will expedite the request through the HUD General Counsel and the General Services Administration. The request must be accompanied by a justification as to why the donee should be allowed to participate in HUD's Excess Property Donation Program. The equipment desired to be donated must be identified by type, description, value and line item count. Page 2 d. HUD Offices may make direct transfers of excess computer equipment under the Adopt-A-School Program and to all other eligible schools, without having to go through the General Services Administration. The excess transferred property is considered a gift, and title will immediately pass to the recipient. e. All excess computers and computer-related equipment that are to be donated under this Program must: (1) not be obsolete; (2) be intact with no missing parts; and, (3) be in good operating condition. 5. PROCEDURES: a. All equipment targeted for donation must first be screened and declared as excess by the Office of Information Policies and Systems (IPS) All HUD markings must be removed from equipment prior to transfer to the recipient. b. Final declarations of excess computers and computerrelated equipment slated for donation under this Program must be made known to the Office of Administrative and Management Services within Headquarters, and to Administrative Service Center Directors within Field Offices since the actual excess property transfers are handled through these offices. c. Prior to receipt of excess computers and computer-related equipment under this Program, the donee shall enter into a gift/acceptance agreement with the Department. (See Attachment) d. OAMS will prepare a Standard Form 122, "Transfer Order-Excess Personal Property", and attach a written justification (submitted by the recipient) explaining why the equipment is needed. (i) The SF-122 must be signed by an OAMS and IPS authorized representative for Headquarters and an Administrative Service Center Director and IPS representative for Field Offices. (ii) The following statement must be added on each SF-122 used to transfer equipment under this Program: Page 3 "The property requested hereon is certified to be used for the conduct of technical and scientific education and research activities. This donation is pursuant to the provisions of Public Law 102-245." 6. REPORTING REQUIREMENTS. a. Administrative Service Center Directors will maintain records of donated equipment and include the data in the annual property management reports. b. It is important that all other HUD personnel involved in the HUD Excess Property Donation Program maintain accurate records of excess equipment donations made under this Program, since it is highly probable that Congress and the White House will at some time want to determine the progress of this Congressionally mandated program. Page 4 ATTACHMENT GIFT/ACCEPTANCE AGREEMENT BETWEEN U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND (EDUCATIONAL INSTITUTION OR NONPROFIT ORGANIZATION) I. PURPOSE. The purpose of this Agreement is to establish a relationship between the U.S. Department of Housing and Urban Development (HUD), and (Educational Institution or Nonprofit Organization), concerning the transfer of excess computers and computer-related equipment to this educational institution or nonprofit organization for the conduct of technical or scientific education and research activities. Title of ownership transfers to the recipient. II. AUTHORITY. Section 11 of the Stevenson-Wydler Technology Innovation Act of 1980, Research Equipment, subsection (i), (Public Law 102-245, Sec. 303), provides that "the Director of a 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 nonprofit organization for the conduct of technical and scientific education and research activities. III. OBJECTIVES. This Agreement is intended to provide a mechanism for the transfer of excess computers and computer-related equipment from the U.S. Department of Housing and Urban Development to (Educational Institution or Nonprofit Organization) in accordance with procedures set forth in Public Law 102-245, and implementing Departmental directives. IV. MANAGEMENT. In order to enable close collaboration, it is agreed that the U.S. Department of Housing and Urban Development and the (Educational Institution or Nonprofit Organization) will each identify a coordinator to implement this Agreement. These coordinators will meet as necessary to review new Federal property regulations, as well as seek to resolve any disputes corcerning the Agreement. V. DONEE ACKNOWLEDGEMENTS. a. Once the excess computers and computer-related equipment are physically received, the donee must immediately return a copy of the SF-122, Transfer Order-Excess Personal Property to the Department to indicate receipt of the requested items. b. Donees who wish to cancel a request for excess computers and computer-related equipment should immediately notify the HUD assigned coordinator of this change. c. Donated excess computers and computer-related equipment are free of charge; however, the donee must pay all costs associated with packaging and transportation unless HUD agrees to exempt the donee from these charges. d. Donated excess computers and computer-related equipment must be put into use by the donee within 1 year of receipt, and used for at least 1 year thereafter for the stated educational purpose only. Donees must maintain accountable records for such equipment during this time period. After the 1 year period of use has been met, all ties will be severed between the Department and the donee for this transaction. e. The Department assumes no liability with respect to accidents, bodily injury, illness, or any damages or loss related to the excess equipment donated under this Program. VI. EFFECTIVE DATE AND REVISION OR TERMINATION. This Agreement is effective upon the date of authorized signatures representing the U.S. Department of Housing and Urban Development and the Educational Institution or Nonprofit Organization, and shall remain in effect for 1 year. This Agreement may be extended or amended by written agreement of the parties at any time prior to its expiration or termination. This Agreement may be terminated at any time upon 60 days written notice by either party to the other. The termination of this Agreement will not affect the validity of any equipment transactions under this Agreement which were initiated prior to such termination. Page 2 The Coordinators for this Agreement are: (Name/Title) (Date) (Educational Institution or Nonprofit Organization) (Address) (Telephone Number) (Name/Title of OAMS/ASCD Representative) (Telephone Number) (Date) ************ (Name/Title of IPS Representative) (Telephone Number) (Date) Page 3