For-profit, for profit, equipment accountability, administrative requirements, business

18.4.1 Equipment Accountability

commercial recipients of NIH grants are nonexempt and subject to the requirements in 2 CFR Part 200.313 and 45 CFR Part 75.320, as well as the conditions set forth in Administrative Requirements-Management Systems and Procedures-Property Management System Standards and Administrative Requirements-Management Systems and Procedures-Procurement Systems Standards and Requirements in IIA. Under the conditions specified in 2 CFR Part 200.313 and 45 CFR Part 75.320, commercial recipients are permitted to retain title to equipment purchased under a research grant though NIH reserves the right to order the transfer of equipment, including title, to NIH or an eligible third party named by the NIH awarding office when such third party is otherwise eligible under existing statutes. In addition, commercial recipients must not use equipment acquired with NIH funds to provide services to non-Federal organizations for a fee to compete unfairly with private companies that provide equivalent services, unless the terms and conditions of the award provide otherwise, and any user charges shall be treated as program income and must be reported on the FFR. Conditions for the sale of equipment are specified at Administrative Requirements-Management Systems and Procedures-Sale of Real Property, Equipment, and Supplies in IIA.