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Page 32 of 52 <br />(1) Use the equipment for the authorized purposes of the project during the period of <br />performance, or until the property is no longer needed for the purposes of the project. <br />(2) Not encumber the property without approval of the Federal awarding agency or pass - <br />through entity. <br />(3) Use and dispose of the property in accordance with paragraphs (b), (c) and (e) of this <br />section. <br />(b) A state must use, manage and dispose of equipment acquired under a Federal award by <br />the state in accordance with state laws and procedures. Other non -Federal entities must <br />follow paragraphs (c) through (e) of this section. <br />(c) Use. <br />(1) Equipment must be used by the non -Federal entity in the program or project for which <br />it was acquired as long as needed, whether or not the project or program continues to <br />be supported by the Federal award, and the non -Federal entity must not encumber the <br />property without prior approval of the Federal awarding agency. When no longer <br />needed for the original program or project, the equipment may be used in other <br />activities supported by the Federal awarding agency, in the following order of <br />priority: <br />(i) Activities under a Federal award from the Federal awarding agency which funded <br />the original program or project, then <br />(ii) Activities under Federal awards from other Federal awarding agencies. This <br />includes consolidated equipment for information technology systems. <br />(2) During the time that equipment is used on the project or program for which it was <br />acquired, the non -Federal entity must also make equipment available for use on other <br />projects or programs currently or previously supported by the Federal Government, <br />provided that such use will not interfere with the work on the projects or program for <br />which it was originally acquired. First preference for other use must be given to other <br />programs or projects supported by Federal awarding agency that financed the <br />equipment and second preference must be given to programs or projects under <br />Federal awards from other Federal awarding agencies. Use for non -federally -funded <br />programs or projects is also permissible. User fees should be considered if <br />appropriate. <br />(3) Notwithstanding the encouragement in 200.307 Program income to earn program <br />income, the non -Federal entity must not use equipment acquired with the Federal <br />award to provide services for a fee that is less than private companies charge for <br />equivalent services unless specifically authorized by Federal statute for as long as the <br />Federal Government retains an interest in the equipment. <br />Agreement No. R20AP00075 Agreement Template <br />20 C -34 (03/2019) <br />