Common use of Disposition of Equipment or Property Clause in Contracts

Disposition of Equipment or Property. Recipients must not procure real property under a fixed amount award. Real property means land, including land improvements, structures and appurtenances thereto, but excludes movable machinery and equipment. Personal property is any tangible or intangible property other than real property. Depending on the activities funded and any milestones established by the fixed amount award, a recipient may procure equipment or personal property in order to accomplish a milestone. The distinction between whether purchase of the equipment or personal property is a milestone or is one possible means by which the recipient may accomplish a milestone is important for certain aspects of the award. Unless a milestone is itself the purchase of the equipment or personal property, milestones must not list equipment or personal property a recipient may potentially purchase to accomplish the milestone, but the costs of such equipment or personal property may be included in the budget from which milestone payment amounts are estimated and negotiated. Regardless of whether the equipment or personal property is listed in or as a milestone, the fixed amount award must state that title to the equipment or personal property vests in the recipient upon acquisition with the condition that the recipient must use the equipment or personal property for the grant as long as it is needed for such. If a milestone under a fixed amount award requires the recipient to procure equipment or personal property, and such requirement is specifically provided in the milestone, then: (1) The award must require that the purchase be in accordance with 22 CFR 228, ADS 310, ADS 312, Eligibility of Commodities and any applicable waivers, (2) The “Required, As Applicable” provisions from the ADS 303mat, Mandatory Standard Provisions for Fixed Amount Awards to Nongovernmental Organizations applicable to the purchase of the equipment or personal property must be included in the fixed amount award, and (3) The award must include disposition instructions for the equipment or property. For additional guidance, see ADS 303saj, Fixed Amount Awards to Non-Governmental Organizations.

Disposition of Equipment or Property. Recipients must not procure real property under a fixed amount award. Real property means land, including land improvements, structures and appurtenances thereto, but excludes movable machinery and equipment. Personal property is any tangible or intangible property other than real property. property.‌ Depending on the activities funded and any milestones established by the fixed amount award, a recipient may procure equipment or personal property in order to accomplish a milestone. The distinction between whether purchase of the equipment or personal property is a milestone or is one possible means by which the recipient may accomplish a milestone is important for certain aspects of the award. Unless a milestone is itself the purchase of the equipment or personal property, milestones must not list equipment or personal property a recipient may potentially purchase to accomplish the milestone, but the costs of such equipment or personal property may be included in the budget from which milestone payment amounts are estimated and negotiated. Regardless of whether the equipment or personal property is listed in or as a milestone, the fixed amount award must state that title to the equipment or personal property vests in the the‌ recipient upon acquisition with the condition that the recipient must use the equipment or personal property for the grant as long as it is needed for such. such.‌‌‌‌‌‌ If a milestone under a fixed amount award requires the recipient to procure equipment or personal property, and such requirement is specifically provided in the milestone, then:then:‌ (1) The award must require that the purchase be in accordance with 22 CFR 228, ADS 310, ADS 312, Eligibility of Commodities and any applicable waivers,waivers,‌‌‌‌‌‌‌ (2) The “Required, As Applicable” provisions from the ADS 303mat, Mandatory Standard Provisions for Fixed Amount Awards to Nongovernmental Organizations applicable to the purchase of the equipment or personal property must be included in the fixed amount award, and (3) The award must include disposition instructions for the equipment or property. For additional guidance, see ADS 303saj, Fixed Amount Awards to Non-Governmental Organizations.,

Disposition of Equipment or Property. Recipients must not procure real property under a fixed amount award. Real property means land, including land improvements, structures and appurtenances thereto, but excludes movable machinery and equipment. Personal property is any tangible or intangible property other than real property. property.‌ Depending on the activities funded and any milestones established by the fixed amount award, a recipient may procure equipment or personal property in order to accomplish a milestone. The distinction between whether purchase of the equipment or personal property is a milestone or is one possible means by which the recipient may accomplish a milestone is important for certain aspects of the award. Unless a milestone is itself the purchase of the equipment or personal property, milestones must not list equipment or personal property a recipient may potentially purchase to accomplish the milestone, but the costs of such equipment or personal property may be included in the budget from which milestone payment amounts are estimated and negotiated. Regardless of whether the equipment or personal property is listed in or as a milestone, the fixed amount award must state that title to the equipment or personal property vests in the the‌ recipient upon acquisition with the condition that the recipient must use the equipment or personal property for the grant as long as it is needed for such. such.‌‌‌‌‌‌ If a milestone under a fixed amount award requires the recipient to procure equipment or personal property, and such requirement is specifically provided in the milestone, then: (1) The award must require that the purchase be in accordance with 22 CFR 228, ADS 310, ADS 312, Eligibility of Commodities and any applicable waivers,waivers,‌‌‌‌‌‌ (2) The “Required, As Applicable” provisions from the ADS 303mat, Mandatory Standard Provisions for Fixed Amount Awards to Nongovernmental Organizations applicable to the purchase of the equipment or personal property must be included in the fixed amount award, and (3) The award must include disposition instructions for the equipment or property. For additional guidance, see ADS 303saj, Fixed Amount Awards to Non-Governmental Organizations.,

Disposition of Equipment or Property. Recipients must not procure real property under a fixed amount award. Real property means land, including land improvements, structures and appurtenances thereto, but excludes movable machinery and equipment. Personal property is any tangible or intangible property other than real property. property.‌ Depending on the activities funded and any milestones established by the fixed amount award, a recipient may procure equipment or personal property in order to accomplish a milestone. The distinction between whether purchase of the equipment or personal property is a milestone or is one possible means by which the recipient may accomplish a milestone is important for certain aspects of the award. Unless a milestone is itself the purchase of the equipment or personal property, milestones must not list equipment or personal property a recipient may potentially purchase to accomplish the milestone, but but‌ the costs of such equipment or personal property may be included in the budget from which milestone payment amounts are estimated and negotiated. Regardless of whether the equipment or personal property is listed in or as a milestone, the fixed amount award must state that title to the equipment or personal property vests in the recipient upon acquisition with the condition that the recipient must use the equipment or personal property for the grant as long as it is needed for such. such.‌‌‌‌‌‌ If a milestone under a fixed amount award requires the recipient to procure equipment or personal property, and such requirement is specifically provided in the milestone, then:then:‌ (1) The award must require that the purchase be in accordance with 22 CFR 228, ADS 310, ADS 312, Eligibility of Commodities and any applicable waivers,waivers,‌‌‌‌‌‌‌ (2) The “Required, As Applicable” provisions from the ADS 303mat, Mandatory Standard Provisions for Fixed Amount Awards to Nongovernmental Organizations applicable to the purchase of the equipment or personal property must be included in the fixed amount award, and (3) The award must include disposition instructions for the equipment or property. For additional guidance, see ADS 303saj, Fixed Amount Awards to Non-Governmental Organizations.,