---
kind: "section"
citation: "32 C.F.R. § 37.1020"
title: "32"
number: "37.1020"
heading: "What must I document in my award file?"
url: "https://uscodex.org/cfr/32/37.1020"
---

# §37.1020. What must I document in my award file?


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](/cfr/32/subpartB.md) of this part. Your explanation must include your answers to the relevant questions in [§ 37.225(a) through (d)](/cfr/32/37.225.md?p=a..d).
- (d) Explain how you valued the recipient's cost sharing contributions, in accordance with [§§ 37.530 through 37.555](/cfr/32/37.530..37.555.md). For a fixed-support TIA, you must document the analysis you did (see [§ 37.560](/cfr/32/37.560.md)) 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)](/cfr/32/37.615.md?p=a), [37.625(a)](/cfr/32/37.625.md?p=a), [37.630](/cfr/32/37.630.md), or [37.705(a)](/cfr/32/37.705.md?p=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](/cfr/32/37.650.md). 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)](/cfr/32/37.650.md?p=b-1) and [(2)](/cfr/32/37.650.md?p=b-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.**

## Notes

### Authority

Authority: 5 U.S.C. 301 and 10 U.S.C. 113.

### Source

Source: 68 FR 47160, Aug. 7, 2003, unless otherwise noted.
