32 C.F.R. PART 37--TECHNOLOGY INVESTMENT AGREEMENTS
TITLE 32--National Defense
Subtitle A--DEPARTMENT OF DEFENSE
CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
SUBCHAPTER C--DoD GRANT AND AGREEMENT REGULATIONS
PART 37--TECHNOLOGY INVESTMENT AGREEMENTS
Subpart A--GENERAL
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| Does this part cover all types of instruments that 10 U.S.C. 2371 authorizes?
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| What type of instruments are technology investment agreements (TIAs)?
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| For what purposes are TIAs used?
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| Can my organization award or administer TIAs?
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| May I award or administer TIAs if I am authorized to award or administer other assistance instruments?
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| Which other parts of the DoD Grant and Agreement Regulations apply to TIAs?
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Subpart B--APPROPRIATE USE OF TECHNOLOGY INVESTMENT AGREEMENTS
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| What are my responsibilities as an agreements officer for ensuring the appropriate use of TIAs?
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| What judgments must I make about the nature of the project?
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| To what types of recipients may I award a TIA?
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| What must I conclude about the recipient's commitment and cost sharing?
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| How involved should the Government program official be in the project?
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| What judgment must I make about the benefits of using a TIA?
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| May I use a TIA if a participant is to receive fee or profit?
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Subpart C--EXPENDITURE-BASED AND FIXED-SUPPORT TECHNOLOGY INVESTMENT AGREEMENTS
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| What is the difference between an expenditure-based and fixed-support TIA?
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| When may I use a fixed-support TIA?
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| When would I use an expenditure-based TIA?
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| What are the advantages of using a fixed-support TIA?
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Subpart D--COMPETITION PHASE
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| Must I use competitive procedures to award TIAs?
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| What must my announcement or solicitation include?
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| Should my announcement or solicitation state that TIAs may be awarded?
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| Should I address cost sharing in the announcement or solicitation?
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| Should I tell proposers that we will not disclose information that they submit?
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Subpart E--PRE-AWARD BUSINESS EVALUATION
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| What must my pre-award business evaluation address?
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| What resources are available to assist me during the pre-award business evaluation?
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| What are my responsibilities for determining that a recipient is qualified?
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| Must I do anything additional to determine the qualification of a consortium?
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| What is my responsibility for determining that the total project funding is reasonable?
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| What is my responsibility for determining the value and reasonableness of the recipient's cost sharing contribution?
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| What criteria do I use in deciding whether to accept a recipient's cost sharing?
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| How do I value cost sharing related to real property or equipment?
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| May I accept fully depreciated real property or equipment as cost sharing?
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| May I accept costs of prior research as cost sharing?
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| May I accept intellectual property as cost sharing?
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| How do I value a recipient's other contributions?
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| Must I be able to estimate project expenditures precisely in order to justify use of a fixed-support TIA?
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| May I use a hybrid instrument that provides fixed support for only a portion of a project?
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| What must I do if a CAS-covered participant accounts differently for its own and the Federal Government shares of project costs?
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| What are my responsibilities for determining milestone payment amounts?
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| What is recovery of funds and when should I consider including it in my TIA?
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Subpart F--AWARD TERMS AFFECTING PARTICIPANTS' FINANCIAL, PROPERTY, AND PURCHASING SYSTEMS
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| Which administrative matters are covered in this subpart?
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| What is the general policy on participants' financial, property, and purchasing systems?
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| Must I tell participants what requirements they are to flow down for subrecipients' systems?
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| What standards do I include for financial systems of for-profit firms?
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| What financial management standards do I include for nonprofit participants?
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| What cost principles or standards do I require for for-profit participants?
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| Must I require a for-profit firm to use Federally approved indirect cost rates?
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| What cost principles do I require a nonprofit participant to use?
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| Must I include a provision for audits of for-profit participants?
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| Must I require periodic audits, as well as award-specific audits, of for-profit participants?
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| Who must I identify as the auditor for a for-profit participant?
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| Must I specify the frequency of IPAs' periodic audits of for-profit participants?
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| What else must I specify concerning audits of for-profit participants by IPAs?
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| Must I require nonprofit participants to have periodic audits?
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| Must I require participants to flow down audit requirements to subrecipients?
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| Must I report when I enter into a TIA allowing a for-profit firm to use an IPA?
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| Must I require a participant to report when it enters into a subaward allowing a for-profit firm to use an IPA?
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| May I allow for-profit firms to purchase real property and equipment with project funds?
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| How are nonprofit participants to manage real property and equipment?
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| What are the requirements for Federally owned property?
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| What are the requirements for supplies?
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| What standards do I include for purchasing systems of for-profit firms?
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| What standards do I include for purchasing systems of nonprofit organizations?
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Subpart G--AWARD TERMS RELATED TO OTHER ADMINISTRATIVE MATTERS
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| Which administrative matters are covered in this subpart?
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| If I am awarding a TIA, what payment methods may I specify?
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| What should my TIA's provisions specify for the method and frequency of recipients' payment requests?
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| May the Government withhold payments?
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| Must I require a recipient to return interest on advance payments?
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| Must I require the recipient to obtain prior approval from the Government for changes in plans?
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| May I let a recipient charge pre-award costs to the agreement?
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| What requirements do I include for program income?
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| What general approach should I take in negotiating data and patent rights?
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| What data rights should I obtain?
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| Should I require recipients to mark data?
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| How should I handle protected data?
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| What rights should I obtain for inventions?
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| Should my patent provision include march-in rights?
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| Should I require recipients to mark documents related to inventions?
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| Should my TIA include a provision concerning foreign access to technology?
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| What requirements must I include for periodic reports on program and business status?
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| May I require updated program plans?
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| Must I require a final performance report?
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| How is the final performance report to be sent to the Defense Technical Information Center?
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| May I tell a participant that information in financial and programmatic reports will not be publicly disclosed?
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| Must I make receipt of the final performance report a condition for final payment?
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| How long must I require participants to keep records related to the TIA?
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| What requirement for access to a for-profit participant's records do I include in a TIA?
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| What requirement for access to a nonprofit participant's records do I include in a TIA?
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| What requirements do I include for termination and enforcement?
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Subpart H--EXECUTING THE AWARD
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| What are my responsibilities at the time of award?
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| What are my general responsibilities concerning the award document?
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| What substantive issues should my award document address?
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| How do I decide who must sign the TIA if the recipient is an unincorporated consortium?
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| What must I document in my award file?
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| Must I report information to the Defense Assistance Awards Data System?
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| What information must I report to the Defense Technical Information Center?
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| How do I know if my TIA uses the 10 U.S.C. 2371 authority and I must report additional data under 37.1030(b)?
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| When and how do I report information required by 37.1035?
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| To whom must I send copies of the award document?
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Subpart I--POST-AWARD ADMINISTRATION
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| What are my responsibilities generally as an administrative agreements officer for a TIA?
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| What additional duties do I have as the administrator of a TIA with advance payments or payable milestones?
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| What other responsibilities related to payments do I have?
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| What are my responsibilities related to participants' single audits?
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| When and how may I request an award-specific audit?
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Subpart J--DEFINITIONS OF TERMS USED IN THIS PART
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| Articles of collaboration.
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| Institution of higher education.
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| Technology investment agreements.
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Appendix A to Part 37--What Is the Civil-Military Integration Policy That Is the Basis for Technology Investment Agreements?
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Appendix C to Part 37--What Is the Desired Coverage for Periodic Audits of For-Profit Participants To Be Audited by IPAs?
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Appendix D to Part 37--What Common National Policy Requirements May Apply and Need To Be Included in TIAs?
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Appendix E to Part 37--What Provisions May a Participant Need To Include When Purchasing Goods or Services Under a TIA?
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