[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: 32CFR37.515]



[Page 233]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 37_TECHNOLOGY INVESTMENT AGREEMENTS--Table of Contents

 

                 Subpart E_Pre-Award Business Evaluation

 

Sec.  37.515  Must I do anything additional to determine the 

qualification of a consortium?



    (a) When the prospective recipient of a TIA is a consortium that is 

not formally incorporated, your determination that the recipient meets 

the standard at 32 CFR 22.415(a) requires that you, in consultation with 

legal counsel, review the management plan in the consortium's 

collaboration agreement. The purpose of your review is to ensure that 

the management plan is sound and that it adequately addresses the 

elements necessary for an effective working relationship among the 

consortium members. An effective working relationship is essential to 

increase the research project's chances of success.

    (b) The collaboration agreement, commonly referred to as the 

articles of collaboration, is the document that sets out the rights and 

responsibilities of each consortium member. It binds the individual 

consortium members together, whereas the TIA binds the Government and 

the consortium as a group (or the Government and a consortium member on 

behalf of the consortium, as explained in Sec.  37.1015). The document 

should discuss, among other things, the consortium's:

    (1) Management structure.

    (2) Method of making payments to consortium members.

    (3) Means of ensuring and overseeing members' efforts on the 

project.

    (4) Provisions for members' cost sharing contributions.

    (5) Provisions for ownership and rights in intellectual property 

developed previously or under the agreement.



                              Total Funding