# 32 CFR § 37.205: What judgments must I make about the nature of the project?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-32-37.205

## Section

- **Citation:** 32 CFR § 37.205
- **Heading:** What judgments must I make about the nature of the project?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 32—National Defense > Subtitle A—Department of Defense > CHAPTER I—OFFICE OF THE SECRETARY OF DEFENSE > SUBCHAPTER C—DoD GRANT AND AGREEMENT REGULATIONS > PART 37—TECHNOLOGY INVESTMENT AGREEMENTS > Subpart B—Appropriate Use of Technology Investment Agreements

## Text

You must:
(a) Conclude that the principal purpose of the project is stimulation or support of research (i.e., assistance), rather than acquiring goods or services for the benefit of the Government (i.e., acquisition);
(b) Decide that the basic, applied, or advanced research project is relevant to the policy objective of civil-military integration (see appendix A of this part); and
(c) Ensure that, to the maximum extent practicable, any TIA that uses the authority of 10 U.S.C. 2371 (see appendix B of this part) does not support research that duplicates other research being conducted under existing programs carried out by the Department of Defense. This is a statutory requirement of 10 U.S.C. 2371.
(d) When your TIA is a type of assistance transaction other than a grant or cooperative agreement, satisfy the condition in 10 U.S.C. 2371 to judge that the use of a standard grant or cooperative agreement for the research project is not feasible or appropriate. As discussed in appendix B to this part:
(1) This situation arises if your TIA includes a patent provision that is less restrictive than is possible under the Bayh-Dole statute (because the patent provision is what distinguishes a TIA that is a cooperative agreement from a TIA that is an assistance transaction other than a grant or cooperative agreement).
(2) You satisfy the requirement to judge that a standard cooperative agreement is not feasible or appropriate when you judge that execution of the research project warrants a less restrictive patent provision than is possible under Bayh-Dole.

## Nearby sections

- [32 CFR § 37.100 § 37.100 What does this part do?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.100.md)
- [32 CFR § 37.105 § 37.105 Does this part cover all types of instruments that 10 U.S.C. 2371 authorizes?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.105.md)
- [32 CFR § 37.110 § 37.110 What type of instruments are technology investment agreements (TIAs)?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.110.md)
- [32 CFR § 37.115 § 37.115 For what purposes are TIAs used?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.115.md)
- [32 CFR § 37.120 § 37.120 Can my organization award or administer TIAs?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.120.md)
- [32 CFR § 37.125 § 37.125 May I award or administer TIAs if I am authorized to award or administer other assistance instruments?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.125.md)
- [32 CFR § 37.130 § 37.130 Which other parts of the DoD Grant and Agreement Regulations apply to TIAs?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.130.md)
- [32 CFR § 37.200 § 37.200 What are my responsibilities as an agreements officer for ensuring the appropriate use of TIAs?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.200.md)
- [32 CFR § 37.205 § 37.205 What judgments must I make about the nature of the project?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.205.md)
- [32 CFR § 37.210 § 37.210 To what types of recipients may I award a TIA?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.210.md)
- [32 CFR § 37.215 § 37.215 What must I conclude about the recipient's commitment and cost sharing?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.215.md)
- [32 CFR § 37.220 § 37.220 How involved should the Government program official be in the project?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.220.md)
- [32 CFR § 37.225 § 37.225 What judgment must I make about the benefits of using a TIA?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.225.md)
- [32 CFR § 37.230 § 37.230 May I use a TIA if a participant is to receive fee or profit?](https://www.frixlaw.com/law-library/statutes/ecfr-32-37.230.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-32-37.205. Check the current official text before relying on it. Not legal advice.