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Notes

32 C.F.R. §§ 37.530–37.555

6 sections in range

§37.530. What criteria do I use in deciding whether to accept a recipient's cost sharing?

32 C.F.R. § 37.530

You may accept any cash or in-kind contributions that meet all of the following criteria:
(a)
In your judgment, they represent meaningful cost sharing that demonstrates the recipient's commitment to the success of the research project. Cash contributions clearly demonstrate commitment and they are strongly preferred over in-kind contributions.
(b)
They are necessary and reasonable for accomplishment of the research project's objectives.
(c)
They are costs that may be charged to the project under § 37.625 and § 37.635, as applicable to the participant making the contribution.
(d)
They are verifiable from the recipient's records.
(e)
They are not included as cost sharing contributions for any other Federal award.
(f)
They are not paid by the Federal Government under another award, except—
(1)
Costs that are authorized by Federal statute to be used for cost sharing; or
(2)
Independent research and development (IR&D) costs, as described at 32 CFR 34.13(a)(5)(ii), that meet all of the criteria in paragraphs (a) through (e) of this section. IR&D is acceptable as cost sharing, even though it may be reimbursed by the Government through other awards. It is standard business practice for all for-profit firms, including commercial firms, to recover their research and development (R&D) costs (which for Federal procurement contracts is recovered as IR&D) through prices charged to their customers. Thus, the cost principles at 48 CFR part 31 allow a for-profit firm that has expenditure-based, Federal procurement contracts to recover through those procurement contracts the allocable portion of its R&D costs associated with a technology investment agreement.
Notes, amendments, and revision history

Authority

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

Source

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

§37.535. How do I value cost sharing related to real property or equipment?

32 C.F.R. § 37.535

You rarely should accept values for cost sharing contributions of real property or equipment that are in excess of depreciation or reasonable use charges, as discussed in § 37.685 for for-profit participants. You may accept the full value of a donated capital asset if the real property or equipment is to be dedicated to the project and you expect that it will have a fair market value that is less than $5,000 at the project's end. In those cases, you should value the donation at the lesser of:
(a)
The value of the property as shown in the recipient's accounting records (i.e., purchase price less accumulated depreciation); or
(b)
The current fair market value. You may accept the use of any reasonable basis for determining the fair market value of the property. If there is a justification to do so, you may accept the current fair market value even if it exceeds the value in the recipient's records.
Notes, amendments, and revision history

Authority

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

Source

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

§37.540. May I accept fully depreciated real property or equipment as cost sharing?

32 C.F.R. § 37.540

You should limit the value of any contribution of a fully depreciated asset to a reasonable use charge. In determining what is reasonable, you must consider:
(a)
The original cost of the asset;
(b)
Its estimated remaining useful life at the time of your negotiations;
(c)
The effect of any increased maintenance charges or decreased performance due to age; and
(d)
The amount of depreciation that the participant previously charged to Federal awards.
Notes, amendments, and revision history

Authority

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

Source

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

§37.545. May I accept costs of prior research as cost sharing?

32 C.F.R. § 37.545

No, you may not count any participant's costs of prior research as a cost sharing contribution. Only the additional resources that the recipient will provide to carry out the current project (which may include pre-award costs for the current project, as described in § 37.830) are to be counted.
Notes, amendments, and revision history

Authority

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

Source

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

§37.550. May I accept intellectual property as cost sharing?

32 C.F.R. § 37.550

(a)
In most instances, you should not count costs of patents and other intellectual property (e.g., copyrighted material, including software) as cost sharing, because:
(1)
It is difficult to assign values to these intangible contributions;
(2)
Their value usually is a manifestation of prior research costs, which are not allowed as cost share under § 37.545; and
(3)
Contributions of intellectual property rights generally do not represent the same cost of lost opportunity to a recipient as contributions of cash or tangible assets. The purpose of cost share is to ensure that the recipient incurs real risk that gives it a vested interest in the project's success.
(b)
You may include costs associated with intellectual property if the costs are based on sound estimates of market value of the contribution. For example, a for-profit firm may offer the use of commercially available software for which there is an established license fee for use of the product. The costs of the development of the software would not be a reasonable basis for valuing its use.
Notes, amendments, and revision history

Authority

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

Source

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

§37.555. How do I value a recipient's other contributions?

32 C.F.R. § 37.555

For types of participant contributions other than those addressed in §§ 37.535 through 37.550, the general rule is that you are to value each contribution consistently with the cost principles or standards in § 37.625 and § 37.635 that apply to the participant making the contribution. When valuing services and property donated by parties other than the participants, you may use as guidance the provisions of 32 CFR 34.13(b)(2) through (5).
Notes, amendments, and revision history

Authority

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

Source

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