[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: 32CFR3.5]



[Page 15]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 3_TRANSACTIONS OTHER THAN CONTRACTS, GRANTS, OR COOPERATIVE 

AGREEMENTS FOR PROTOTYPE PROJECTS--Table of Contents

 

Sec.  3.5  Appropriate use.



    In accordance with statute, this authority may be used only when:

    (a) At least one nontraditional Defense contractor is participating 

to a significant extent in the prototype project; or

    (b) No nontraditional Defense contractor is participating to a 

significant extent in the prototype project, but at least one of the 

following circumstances exists:

    (1) At least one third of the total cost of the prototype project is 

to be paid out of funds provided by non-Federal parties to the 

transaction.

    (2) The Senior Procurement Executive for the agency determines in 

writing that exceptional circumstances justify the use of a transaction 

that provides for innovative business arrangements or structures that 

would not be feasible or appropriate under a procurement contract.



[67 FR 54956, Aug. 27, 2002]