32 C.F.R. Subpart D—Competition Phase
Title 32 - National Defense
DoD policy is to award TIAs using merit-based, competitive procedures, as described in 32 CFR 22.315: (a) In every case where required by statute; and (b) To the maximum extent practicable in all other cases. Your announcement, to be considered as part of a competitive procedure, must include the basic information described in 32 CFR 22.315(a). Additional elements for you to consider in the case of a program that may use TIAs are described in §§37.410 through 37.420. Yes, once you consider the factors described in subpart B of this part and decide that TIAs are among the types of instruments that you may award pursuant to a solicitation, it is important for you to state that fact in the solicitation. You also should state that TIAs are more flexible than traditional Government funding instruments and that provisions are negotiable in areas such as audits and intellectual property rights that may cause concern for commercial firms. Doing so should increase the likelihood that commercial firms will be willing to submit proposals. To help ensure a competitive process that is fair and equitable to all potential proposers, you should state clearly in the solicitation: (a) That, to the maximum extent practicable, the non-Federal parties carrying out a research project under a TIA are to provide at least half of the costs of the project (see §37.215(b)). (b) The types of cost sharing that are acceptable; (c) How any in-kind contributions will be valued, in accordance with §§37.530 through 37.555; and (d) Whether you will give any consideration to alternative approaches a proposer may offer to demonstrate its strong commitment to and self-interest in the project's success, in accordance with §37.215. Your solicitation should tell potential proposers that: (a) For all TIAs, information described in paragraph (b) of this section is exempt from disclosure requirements of the Freedom of Information Act (FOIA)(codified at 5 U.S.C. 552) for a period of five years after the date on which the DoD Component receives the information from them. (b) As provided in 10 U.S.C. 2371, disclosure is not required, and may not be compelled, under FOIA during that period if: (1) A proposer submits the information in a competitive or noncompetitive process that could result in their receiving a cooperative agreement for basic, applied, or advanced research under the authority of 10 U.S.C. 2358 or any other type of transaction authorized by 10 U.S.C. 2371 (as explained in appendix B to this part, that includes all TIAs); and (2) The type of information is among the following types that are exempt: (i) Proposals, proposal abstracts, and supporting documents; and (ii) Business plans and technical information submitted on a confidential basis. (c) If proposers desire to protect business plans and technical information for five years from FOIA disclosure requirements, they must mark them with a legend identifying them as documents submitted on a confidential basis. After the five-year period, information may be protected for longer periods if it meets any of the criteria in 5 U.S.C. 552(b) (as implemented by the DoD in subpart C of 32 CFR part 286) for exemption from FOIA disclosure requirements.
Title 32: National Defense
PART 37—TECHNOLOGY INVESTMENT AGREEMENTS
Subpart D—Competition Phase
§ 37.400 Must I use competitive procedures to award TIAs?
§ 37.405 What must my announcement or solicitation include?
§ 37.410 Should my announcement or solicitation state that TIAs may be awarded?
§ 37.415 Should I address cost sharing in the announcement or solicitation?
§ 37.420 Should I tell proposers that we will not disclose information that they submit?
