FAR Based Strategies
Technology Investment Agreement (32 CFR Part 37)
A Technology Investment Agreement (TIA) is an instrument used to stimulate or support commercial firm involvement in pursuing best technologies for defense research. TIAs are appropriate when research objectives are unlikely to be achieved using other types of contract instruments.
- TIAs are executed as cooperative agreements in accordance with the DoD Grant and Agreement Regulations (DoDGARs) – 32 CFR Part 21 when the government does not intend to deviate from the Bayh-Dole Act (35 U.S.C. Chapter 18 and 37 CFR Part 401) which permits a university, small business, or non-profit institution to pursue ownership of an invention made using government provided funds.
- Research OTs are used to execute TIAs when the government seeks to retain intellectual property rights that deviate from the Bayh-Dole Act.
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 cost sharing, to the maximum extent practicable, is a statutory condition for any TIA under the authority of 10 U.S.C. §4021, and is a matter of DoD policy for all other TIAs.
DoD policy is to award TIAs using merit-based, competitive procedures, as described in 32 CFR 22.315, in every case where required by statute; and to the maximum extent practicable in all other cases.
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).
The following questions must be addressed to justify the use and benefits of a TIA (32 CFR §37.225):
Will a TIA expand vendor participation?
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?
- What are the expected benefits of those firms’ or divisions’ participation (e.g., is there a specific technology that could be better, more readily available, or less expensive)?
- Why would they not participate if an instrument other than a TIA were used?
- Identify specific provisions of the TIA or features of the TIA award process that enable their participation.
Will a TIA create new relationships?
- 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?
- Are there provisions of the TIA or features of the TIA award process that enable these relationships to form?
- If so, identify specifically what they are.
- If not, explain why the relationships could not be created if an assistance instrument other than a TIA were used.
Will a TIA enable new business practices?
- What specific benefits will the DoD potentially get from the use of these new practices?
- Are there provisions of the TIA or features of the TIA award process that enable the use of the new practices?
- If so, identify those provisions or features and explain why the practices could not be used if the award were made using an assistance instrument other than a TIA.
Other benefits of using a TIA?
- 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.
- Reduce barriers to commercial firms’ participation in defense research to provide access to the broadest possible technology and industrial base
- Permit involvement of commercial firms or business units of firms that would not otherwise participate in the project
- Promote new relationships between the federal government and commercial firms
- Enable firms to pursue new business practices to execute research for new technologies
|Fosters research of best technologies for future defense needs||Requires knowledgeable and skilled contracting officer to negotiate and execute|
|May be expenditure-based or fixed-support 32 CFR §37.300||Must justify using TIA rather than another type of contract instrument|
- Requires delegated authority from SECDEF or Service Secretary
- Contracting Officer must have Agreement Officer authority to execute
- 50/50 cost sharing arrangements must be considered to the maximum extend practicable
- TIA recipients do not receive fee or profit