32 CFR §37.1020
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
You should include in your award file an agreements analysis in which you:
- (a)Briefly describe the program and detail the specific military and commercial benefits that should result from the project supported by the TIA. If the recipient is a consortium that is not formally incorporated, you should attach a copy of the signed articles of collaboration.
- (b)Describe the process that led to the award of the TIA, including how you and program officials solicited and evaluated proposals and selected the one supported through the TIA.
- (c)Explain how you decided that a TIA was the most appropriate instrument, in accordance with the factors in Subpart B of this part. Your explanation must include your answers to the relevant questions in § 37.225(a) through (d).
- (d)Explain how you valued the recipient's cost sharing contributions, in accordance with §§ 37.530 through 37.555. For a fixed-support TIA, you must document the analysis you did (see § 37.560) to set the fixed level of Federal support; the documentation must explain how you determined the recipient's minimum cost share and show how you estimated the expenditures required to achieve the project outcomes.
- (e)Document the results of your negotiation, addressing all significant issues in the TIA's provisions. For example, this includes specific explanations if you:
- (1)Specify requirements for a participant's systems that vary from the standard requirements in §§ 37.615(a), 37.625(a), 37.630, or 37.705(a) in cases where those sections provide flexibility for you to do so.
- (2)Provide that any audits are to be performed by an IPA, rather than the DCAA, where permitted under § 37.650. Your documentation must include:
- (i)The names and addresses of business units for which IPAs will be the auditors;
- (ii)Estimated amounts of Federal funds expected under the award for those business units; and
- (iii)The basis (e.g., a written statement from the recipient) for your judging that the business units do not currently perform under types of awards described in § 37.650(b)(1) and (2) and are not willing to grant the DCAA audit access.
- (3)Include an intellectual property provision that varies from Bayh-Dole requirements.
- (4)Determine that cost sharing is impracticable.