[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: 32CFR37.225]



[Page 229-230]

 

                       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.  37.225  What judgment must I make about the benefits of using a TIA?



    Before deciding that a TIA is appropriate, you also must judge that 

using a TIA could benefit defense research objectives in ways that 

likely would not happen if another type of assistance instrument were 

used (e.g., a cooperative agreement subject to all of the requirements 

of 32 CFR part 34). You, in conjunction with Government program 

officials, must consider the questions in paragraphs (a) through (d) of 

this section, to help identify the benefits that may justify using a TIA 

and reducing some of the usual requirements. In accordance with Sec.  

37.1030, you will report your answers to these questions to help the DoD 

measure the Department-wide benefits of using TIAs and meet requirements 

to report to the Congress. Note that you must give full concise answers 

only to questions that relate to the benefits that you perceive for 

using the TIA, rather than another type of funding instrument, for the 

particular research project. A simple ``no'' or ``not applicable'' is a 

sufficient response for other questions. The questions are:

    (a) Will the use of a TIA permit the involvement in the research of 

any commercial firms or business units of firms that would not otherwise 

participate in the project? If so:

    (1) What are the expected benefits of those firms' or divisions' 

participation (e.g., is there a specific technology that



[[Page 230]]



could be better, more readily available, or less expensive)?

    (2) Why would they not participate if an instrument other than a TIA 

were used? You should identify specific provisions of the TIA or 

features of the TIA award process that enable their participation.

    (b) Will the use of a TIA allow the creation of new relationships 

among participants at the prime or subtier levels, among business units 

of the same firm, or between non-Federal participants and the Federal 

Government that will help the DoD get better technology in the future? 

If so:

    (1) Why do these new relationships have the potential for helping 

the DoD get technology in the future that is better, more affordable, or 

more readily available?

    (2) Are there provisions of the TIA or features of the TIA award 

process that enable these relationships to form? If so, you should be 

able to identify specifically what they are. If not, you should be able 

to explain specifically why you think that the relationships could not 

be created if an assistance instrument other than a TIA were used.

    (c) Will the use of a TIA allow firms or business units of firms 

that traditionally accept Government awards to use new business 

practices in the execution of the research that will help us get better 

technology, help us get new technology more quickly or less expensively, 

or facilitate partnering with commercial firms? If so:

    (1) What specific benefits will the DoD potentially get from the use 

of these new practices? You should be able to explain specifically why 

you foresee a potential for those benefits.

    (2) Are there provisions of the TIA or features of the TIA award 

process that enable the use of the new practices? If so, you should be 

able to identify those provisions or features and explain why you think 

that the practices could not be used if the award were made using an 

assistance instrument other than a TIA.

    (d) Are there any other benefits of the use of a TIA that could help 

the Department of Defense better meet its objectives in carrying out the 

research project? If so, you should be able to identify specifically 

what they are, how they can help meet defense objectives, what features 

of the TIA or award process enable the DoD to realize them, and why the 

benefits likely would not be realized if an assistance instrument other 

than a TIA were used.