[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: 32CFR37.215]



[Page 228-229]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 37_TECHNOLOGY INVESTMENT AGREEMENTS--Table of Contents

 

      Subpart B_Appropriate Use of Technology Investment Agreements

 

Sec.  37.215  What must I conclude about the recipient's commitment and 

cost sharing?



    (a) You should judge that the recipient has a strong commitment to 

and self-interest in the success of the



[[Page 229]]



project. You should find evidence of that commitment and interest in the 

proposal, in the recipient's management plan, or through other means. A 

recipient's self-interest might be driven, for example, by a research 

project's potential for fostering technology to be incorporated into 

products and processes for the commercial marketplace.

    (b) You must seek cost sharing. The purpose of cost share is to 

ensure that the recipient incurs real risk that gives it a vested 

interest in the project's success; the willingness to commit to 

meaningful cost sharing therefore is one good indicator of a recipient's 

self-interest. The requirements are that:

    (1) To the maximum extent practicable, the non-Federal parties 

carrying out a research project under a TIA are to provide at least half 

of the costs of the project. Obtaining this cost sharing, to the maximum 

extent practicable, is a statutory condition for any TIA under the 

authority of 10 U.S.C. 2371, and is a matter of DoD policy for all other 

TIAs.

    (2) The parties must provide the cost sharing from non-Federal 

resources that are available to them unless there is specific authority 

to use other Federal resources for that purpose (see Sec.  37.530(f)).

    (c) You may consider whether cost sharing is impracticable in a 

given case, unless there is a non-waivable, statutory requirement for 

cost sharing that applies to the particular program under which the 

award is to be made. Before deciding that cost sharing is impracticable, 

you should carefully consider whether there are other factors that 

demonstrate the recipient's self-interest in the success of the current 

project.