Subpart A - General

§ 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?

Subpart B - Appropriate Use of Technology Investment Agreements

§ 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?

Subpart C - Expenditure-Based and Fixed-Support Technology Investment Agreements

§ 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?

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?

Subpart E - Pre-Award Business Evaluation

§ 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?

Recipient Qualification

§ 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?

Accounting, Payments, and Recovery of Funds

§ 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?

Total Funding

§ 37.520 - What is my responsibility for determining that the total project funding is reasonable?

Fixed-Support or Expenditure-Based Approach

§ 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?

Cost Sharing

§ 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?

Subpart F - Award Terms Affecting Participants' Financial, Property, and Purchasing Systems

§ 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?

Financial Matters

§ 37.615 - What standards do I include for financial systems of for-profit firms?

§ 37.620 - What financial management standards do I include for participants that are nonprofit?

§ 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?

Property

§ 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?

Purchasing

§ 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?

Subpart G - Award Terms Related to Other Administrative Matters

§ 37.800 - Which administrative matters are covered in this subpart?

Intellectual Property

§ 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?

Records Retention and Access Requirements

§ 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?

Program Income

§ 37.835 - What requirements do I include for program income?

Payments

§ 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?

Termination and Enforcement

§ 37.925 - What requirements do I include for termination and enforcement?

Revision of Budget and Program Plans

§ 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?

Financial and Programmatic Reporting

§ 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?

Subpart H - Executing the Award

§ 37.1000 - What are my responsibilities at the time of award?

The Award Document

§ 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?

Reporting Information About the Award

§ 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?

Distributing Copies of the Award Document

§ 37.1045 - To whom must I send copies of the award document?

Subpart I - Post-Award Administration

§ 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?

Subpart J - Definitions of Terms Used in This Part

§ 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 A to Part 37 - What Is the Civil-Military Integration Policy That Is the Basis for Technology Investment Agreements?

Appendix B to Part 37 - What Type of Instrument Is a TIA and What Statutory Authorities Does It Use?

Appendix C to Part 37 - What Is the Desired Coverage for Periodic Audits of For-Profit Participants To Be Audited by IPAs?

Appendix D to Part 37 - What Common National Policy Requirements May Apply and Need To Be Included in TIAs?

Appendix E to Part 37 - What Provisions May a Participant Need To Include When Purchasing Goods or Services Under a TIA?