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  • Question

    Can one agency borrow stock items and payback after the items can be procurred by the agency? Could this best be treated as a stock sale with replacement?


    Answer

    Army materiel is not normally used for other than the Army's primary mission; however, under conditions described in 32 Code of Federal Regulations (CFR) Part  623, materiel not immediately needed to support mission requirements may be loaned. 

    There are three basic federal laws which authorize the loan of Army property. There are also numerous specific statutes which authorize particular types of loans in limited situations.  Since the type of equipment being loaned is not identified in the original question it is hard to point you to the statute that's relevant to your situation. All related statutes are addressed in the above cited regulation in § 623.1 General, and can be reviewed by the program personnel.  Recommend that you discuss the loaning of equipment with your local attorney to ensure compliance with policy for your command.

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