---
kind: "section"
citation: "32 C.F.R. § 37.205"
title: "32"
number: "37.205"
heading: "What judgments must I make about the nature of the project?"
url: "https://uscodex.org/cfr/32/37.205"
---

# §37.205. What judgments must I make about the nature of the project?


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](/usc/10/2371.md) (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](/usc/10/2371.md).
- (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](/usc/10/2371.md) 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.

## 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.