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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 2 - Grants and Agreements |
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Subtitle B - Federal Agency Regulations for Grants and Agreements |
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Chapter XI - Department of Defense |
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SubChapter D - Administrative Requirements Terms and Conditions for Cost-Type Grants and Cooperative Agreements to Nonprofit and Governmental Entities |
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Part 1138 - Requirements Related to Subawards: General Award Terms and Conditions |
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Subpart E - Property Requirements for Subawards (SUB Article V) |
§ 1138.520 - Intangible property under subawards.
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§ 1138.520 Intangible property under subawards.
(a) Requirement. A DoD Component's general terms and conditions must address the provisions concerning intangible property that recipients must include in subawards.
(b) Award terms and conditions -
(1) General. To specify the intangible property provisions that recipients must include in their subawards, a DoD Component's general terms and conditions must use the wording appendix E to this part provides as Section G of SUB Article V.
(2) Exception. A DoD Component's general terms and conditions may delete the reference to “Section B of PROP Article VI” in the wording appendix E to this part provides for paragraph G.2 of SUB Article V and provide alternative wording if:
(i) Those general terms and conditions will be used in awards for purposes other than research or education, as described in 2 CFR 1130.610(c)(3); and
(ii) The DoD Component wants to specify that nonprofit and governmental recipients include either:
(A) No provisions concerning inventions in subawards to for-profit entities; or
(B) Provisions in subawards to for-profit entities that differ from those the DoD Component's general terms and conditions specify for nonprofit and governmental recipients.