Section 1130.415 - Use of equipment by an institution of higher education, nonprofit organization, local government, or Indian tribe(a)OMB guidance. OMB guidance in:(1)2 CFR 200.313(a) sets forth basic conditions for use of equipment acquired under a grant or cooperative agreement that apply when title to the equipment is vested in a recipient conditionally, because the awarding agency either does not have statutory authority to vest title in the equipment unconditionally or elects not to do so.(2)2 CFR 200.313(c) provides the parameters for use of equipment by an institution of higher education, nonprofit organization, local government, or Indian tribe.(3)2 CFR 200.313(d)(5) calls for use of sales procedures to ensure highest possible return when selling equipment.(b)DoD implementation. For equipment in which there is a Federal interest under awards to institutions of higher education, nonprofit organizations, local governments, or Indian tribes, DoD implements through award terms and conditions the following portions of 2 CFR part 200 as they apply to use of equipment prior to the time of its disposition: (1)2 CFR 200.313(a) and (c) ; and(2)2 CFR 200.313(d)(5) , as it applies to equipment sales prior to the time of disposition, to offset the acquisition cost of replacement equipment.(c)Award terms and conditions. A DoD Component's general terms and conditions must use the wording appendix D to this part provides for Section C of PROP Article IV to specify the requirements for use of equipment described in paragraph (b) of this section.