(a) A lease may qualify for capital assistance if it meets the following criteria:
(1) The capital asset to be acquired by lease is otherwise eligible for capital assistance;
(2) There is or will be no existing Federal interest in the capital asset as of the date the lease will take effect unless as determined pursuant to Sec. 639.13(b); and
(3) Lease of the capital asset is more cost-effective than purchase or construction of the asset, as determined under subpart C of this part.
(b) Once a lease has been qualified for capital assistance, it need not be re-qualified absent an affirmative act or omission by the recipient that vitiates the cost-effectiveness determination.