2008 CFR Title 32, Volume 1

Title 32--National Defense CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 37--TECHNOLOGY INVESTMENT AGREEMENTS
	37.100	What does this part do?
	37.105	Does this part cover all types of instruments that 10 U.S.C. 2371 authorizes?
	37.110	What type of instruments are technology investment agreements (TIAs)?
	37.115	For what purposes are TIAs used?
	37.120	Can my organization award or administer TIAs?
	37.125	May I award or administer TIAs if I am authorized to award or administer other assistance instruments?
	37.130	Which other parts of the DoD Grant and Agreement Regulations apply to TIAs?
	37.200	What are my responsibilities as an agreements officer for ensuring the appropriate use of TIAs?
	37.205	What judgments must I make about the nature of the project?
	37.210	To what types of recipients may I award a TIA?
	37.215	What must I conclude about the recipient's commitment and cost sharing?
	37.220	How involved should the Government program official be in the project?
	37.225	What judgment must I make about the benefits of using a TIA?
	37.230	May I use a TIA if a participant is to receive fee or profit?
	37.300	What is the difference between an expenditure-based and fixed-support TIA?
	37.305	When may I use a fixed-support TIA?
	37.310	When would I use an expenditure-based TIA?
	37.315	What are the advantages of using a fixed-support TIA?
	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?
	37.500	What must my pre-award business evaluation address?
	37.505	What resources are available to assist me during the pre-award business evaluation?
	37.510	What are my responsibilities for determining that a recipient is qualified?
	37.515	Must I do anything additional to determine the qualification of a consortium?
	37.520	What is my responsibility for determining that the total project funding is reasonable?
	37.525	What is my responsibility for determining the value and reasonableness of the recipient's cost sharing contribution?
	37.530	What criteria do I use in deciding whether to accept a recipient's cost sharing?
	37.535	How do I value cost sharing related to real property or equipment?
	37.540	May I accept fully depreciated real property or equipment as cost sharing?
	37.545	May I accept costs of prior research as cost sharing?
	37.550	May I accept intellectual property as cost sharing?
	37.555	How do I value a recipient's other contributions?
	37.560	Must I be able to estimate project expenditures precisely in order to justify use of a fixed-support TIA?
	37.565	May I use a hybrid instrument that provides fixed support for only a portion of a project?
	37.570	What must I do if a CAS-covered participant accounts differently for its own and the Federal Government shares of project costs?
	37.575	What are my responsibilities for determining milestone payment amounts?
	37.580	What is recovery of funds and when should I consider including it in my TIA?
	37.600	Which administrative matters are covered in this subpart?
	37.605	What is the general policy on participants' financial, property, and purchasing systems?
	37.610	Must I tell participants what requirements they are to flow down for subrecipients' systems?
	37.615	What standards do I include for financial systems of for-profit firms?
	37.620	What financial management standards do I include for nonprofit participants?
	37.625	What cost principles or standards do I require for for-profit participants?
	37.630	Must I require a for-profit firm to use Federally approved indirect cost rates?
	37.635	What cost principles do I require a nonprofit participant to use?
	37.640	Must I include a provision for audits of for-profit participants?
	37.645	Must I require periodic audits, as well as award-specific audits, of for-profit participants?
	37.650	Who must I identify as the auditor for a for-profit participant?
	37.655	Must I specify the frequency of IPAs' periodic audits of for-profit participants?
	37.660	What else must I specify concerning audits of for-profit participants by IPAs?
	37.665	Must I require nonprofit participants to have periodic audits?
	37.670	Must I require participants to flow down audit requirements to subrecipients?
	37.675	Must I report when I enter into a TIA allowing a for-profit firm to use an IPA?
	37.680	Must I require a participant to report when it enters into a subaward allowing a for-profit firm to use an IPA?
	37.685	May I allow for-profit firms to purchase real property and equipment with project funds?
	37.690	How are nonprofit participants to manage real property and equipment?
	37.695	What are the requirements for Federally owned property?
	37.700	What are the requirements for supplies?
	37.705	What standards do I include for purchasing systems of for-profit firms?
	37.710	What standards do I include for purchasing systems of nonprofit organizations?
	37.800	Which administrative matters are covered in this subpart?
	37.805	If I am awarding a TIA, what payment methods may I specify?
	37.810	What should my TIA's provisions specify for the method and frequency of recipients' payment requests?
	37.815	May the Government withhold payments?
	37.820	Must I require a recipient to return interest on advance payments?
	37.825	Must I require the recipient to obtain prior approval from the Government for changes in plans?
	37.830	May I let a recipient charge pre-award costs to the agreement?
	37.835	What requirements do I include for program income?
	37.840	What general approach should I take in negotiating data and patent rights?
	37.845	What data rights should I obtain?
	37.850	Should I require recipients to mark data?
	37.855	How should I handle protected data?
	37.860	What rights should I obtain for inventions?
	37.865	Should my patent provision include march-in rights?
	37.870	Should I require recipients to mark documents related to inventions?
	37.875	Should my TIA include a provision concerning foreign access to technology?
	37.880	What requirements must I include for periodic reports on program and business status?
	37.885	May I require updated program plans?
	37.890	Must I require a final performance report?
	37.895	How is the final performance report to be sent to the Defense Technical Information Center?
	37.900	May I tell a participant that information in financial and programmatic reports will not be publicly disclosed?
	37.905	Must I make receipt of the final performance report a condition for final payment?
	37.910	How long must I require participants to keep records related to the TIA?
	37.915	What requirement for access to a for-profit participant's records do I include in a TIA?
	37.920	What requirement for access to a nonprofit participant's records do I include in a TIA?
	37.925	What requirements do I include for termination and enforcement?
	37.1000	What are my responsibilities at the time of award?
	37.1005	What are my general responsibilities concerning the award document?
	37.1010	What substantive issues should my award document address?
	37.1015	How do I decide who must sign the TIA if the recipient is an unincorporated consortium?
	37.1020	What must I document in my award file?
	37.1025	Must I report information to the Defense Assistance Awards Data System?
	37.1030	What information must I report to the Defense Technical Information Center?
	37.1035	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)?
	37.1040	When and how do I report information required by 37.1035?
	37.1045	To whom must I send copies of the award document?
	37.1100	What are my responsibilities generally as an administrative agreements officer for a TIA?
	37.1105	What additional duties do I have as the administrator of a TIA with advance payments or payable milestones?
	37.1110	What other responsibilities related to payments do I have?
	37.1115	What are my responsibilities related to participants' single audits?
	37.1120	When and how may I request an award-specific audit?
	37.1205	Advance.
	37.1210	Advanced research.
	37.1215	Agreements officer.
	37.1220	Applied research.
	37.1225	Articles of collaboration.
	37.1230	Assistance.
	37.1235	Award-specific audit.
	37.1240	Basic research.
	37.1245	Cash contributions.
	37.1250	Commercial firm.
	37.1255	Consortium.
	37.1260	Cooperative agreement.
	37.1265	Cost sharing.
	37.1270	Data.
	37.1275	DoD Component.
	37.1280	Equipment.
	37.1285	Expenditure-based award.
	37.1290	Expenditures or outlays.
	37.1295	Grant.
	37.1300	In-kind contributions.
	37.1305	Institution of higher education.
	37.1310	Intellectual property.
	37.1315	Nonprofit organization.
	37.1320	Participant.
	37.1325	Periodic audit.
	37.1330	Procurement contract.
	37.1335	Program income.
	37.1340	Program official.
	37.1345	Property.
	37.1350	Real property.
	37.1355	Recipient.
	37.1360	Research.
	37.1365	Supplies.
	37.1370	Termination.
	37.1375	Technology investment agreements.
	Appendix	Appendix A to Part 37--What Is the Civil-Military Integration Policy that Is the Basis for Technology Investment Agreements?
	Appendix	Appendix B to Part 37--What Type of Instrument Is a TIA and What Statutory Authorities Does It Use?
	Appendix	Appendix C to Part 37--What Is the Desired Coverage for Periodic Audits of For-Profit Participants To Be Audited by IPAs?
	Appendix	Appendix D to Part 37--What Common National Policy Requirements My Apply and Need To Be Included in TIAs?
	Appendix	Appendix E to Part 37--What Provisions May a Participant Need To Include When Purchasing Goods or Services Under a TIA?