[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR22.310]



[Page 78-79]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 22_DoD GRANTS AND AGREEMENTS_AWARD AND ADMINISTRATION--Table of 

Contents

 

                          Subpart C_Competition

 

Sec.  22.310  Statutes concerning certain research, development, and 

facilities construction grants.



    (a) Definitions specific to this section. For the purposes of 

implementing the requirements of 10 U.S.C. 2374 in this section, the 

following terms are defined:

    (1) Follow-on grant. A grant that provides for continuation of 

research and development performed by a recipient under a preceding 

grant. Note that follow-on grants are distinct from incremental funding 

actions during the period of execution of a multi-year award.

    (2) New grant. A grant that is not a follow-on grant.

    (b) Statutory requirement to use competitive procedures. (1) A 

grants officer shall not award a grant by other than merit-based, 

competitive procedures (as defined by Sec.  22.315) to an institution of 

higher education for the performance of research and development or for 

the construction of research or other facilities, unless:

    (i) In the case of a new grant for research and development, there 

is a statute meeting the criteria in paragraph (c)(1) of this section;

    (ii) In the case of a follow-on grant for research and development, 

or of a grant for the construction of research or other facilities, 

there is a statute meeting the criteria in paragraph (c)(2) of this 

section; and

    (iii) The Secretary of Defense submits to Congress a written notice 

of intent to make the grant. The grant may not be awarded until 180 

calendar days have elapsed after the date on which Congress received the 

notice of intent. Contracting activities must submit a draft notice of 

intent with supporting documentation through channels to the Deputy 

Director, Defense Research and Engineering.

    (2) Because subsequently enacted statutes may, by their terms, 

impose different requirements than set out in paragraph (b)(1) of this 

section, grants officers shall consult legal counsel on a case-by-case 

basis, when grants for the performance of research and development or 

for the construction of research or other facilities are to be awarded 

to institutions of higher education by other than merit-based 

competitive procedures.

    (c) Subsequent statutes. In accordance with 10 U.S.C. 2361 and 10 

U.S.C. 2374, a provision of law may not be construed as requiring the 

award of a grant through other than the merit-based, competitive 

procedures described in Sec.  22.315, unless:

    (1) Institutions of higher education--new grants for research and 

development. In the case of a new grant for research and development to 

an institution of higher education, such provision of law specifically:

    (i) Identifies the particular institution of higher education 

involved;

    (ii) States that such provision of law modifies or supersedes the 

provisions of 10 U.S.C. 2361 (a requirement that applies only if the 

statute authorizing or requiring award by other than competitive 

procedures was enacted after September 30, 1989); and

    (iii) States that the award to the institution of higher education 

involved is required by such provision of law to be made in 

contravention of the policy set forth in 10 U.S.C. 2374(a).

    (2) Institutions of higher education--follow-on grants for research 

and development and grants for the construction of any research or other 

facility. In the case of any such grant to an institution of higher 

education, such provision of law specifically:

    (i) Identifies the particular institution of higher education 

involved; and

    (ii) States that such provision of law modifies or supersedes the 

provisions of 10 U.S.C. 2361 (a requirement that applies only if the 

statute authorizing or requiring award by other than competitive 

procedures was enacted after September 30, 1989).

    (3) Other entities--new grants for research and development--(i) 

General. In the case of a new grant for research and development to an 

entity other than an institution of higher education, such provision of 

law specifically:

    (A) Identifies the particular entity involved;

    (B) States that the award to that entity is required by such 

provision of law to be made in contravention of the policy set forth in 

10 U.S.C. 2374(a).



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    (ii) Exception. The requirement of paragraph (c)(3)(i) of this 

section does not apply to any grant that calls upon the National Academy 

of Sciences to:

    (A) Investigate, examine, or experiment upon any subject of science 

or art of significance to the Department of Defense or any Military 

Department; and

    (B) Report on such matters to the Congress or any agency of the 

Federal Government.