Guidance on FDA accepting Gifts on Behalf of U.S.

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Federal Register Notice: FDA has made available a guidance on “Gifts to FDA: Evaluation and Acceptance.” The HHS secretary has the authority to accept conditional or unconditional gifts on behalf of the U.S., and this authority has been delegated to the FDA commissioner. The document provides the process and principles the agency will use in implementing this authority. FDA says it will consider gifts from all sources except the Reagan-Udall Foundation on a case-by-case basis using a balancing test, described in the guidance. It also outlines five reasons gifts should be rejected, such as when: (1) The donor imposes conditions that are illegal, are contrary to public policy, are unreasonable to administer, are contrary to FDA’s current policies and procedures, or are contrary to generally accepted public standards; (2) the donor requires the agency to provide the donor with some privilege, concession, or other present or future benefit in return for the gift; (3) a debarred entity offers the gift; (4) a different authority or financial mechanism applies; or (5) the total costs associated with acceptance are expected to exceed the cost of purchasing a similar item and the cost of normal care and maintenance. To view the guidance, click here. To view the notice, click here.

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