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32 C.F.R. §§ 37.880–37.905

6 sections in range

§37.880. What requirements must I include for periodic reports on program and business status?

32 C.F.R. § 37.880

Your TIA must include requirements that, as a minimum, include periodic reports addressing program and, if it is an expenditure-based award, business status. You must require submission of the reports at least annually, and you may require submission as frequently as quarterly (this does not preclude a recipient from electing to submit more frequently than quarterly the financial information that is required to process payment requests if the award is an expenditure-based TIA that uses reimbursement or advance payments under § 37.810(a)). The requirements for the content of the reports are as follows:
(a)
The program portions of the reports must address progress toward achieving program performance goals, including current issues, problems, or developments.
(b)
The business portions of the reports, applicable only to expenditure-based awards, must provide summarized details on the status of resources (federal funds and non-federal cost sharing), including an accounting of expenditures for the period covered by the report. The report should compare the resource status with any payment and expenditure schedules or plans provided in the original award; explain any major deviations from those schedules; and discuss actions that will be taken to address the deviations. You may require a recipient to separately identify in these reports the expenditures for each participant in a consortium and for each programmatic milestone or task, if you, after consulting with the program official, judge that those additional details are needed for good stewardship.
Notes, amendments, and revision history

Amendments

[85 FR 51246, Aug. 19, 2020]

Authority

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

Source

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

Amendments

[85 FR 51246, Aug. 19, 2020]

§37.885. May I require updated program plans?

32 C.F.R. § 37.885

In addition to reports on progress to date, your TIA may include a provision requiring the recipient to annually prepare updated technical plans for the future conduct of the research effort. If your TIA does include a requirement for annual program plans, you also must require the recipient to submit the annual program plans to the agreements officer responsible for administering the TIA.
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.

§37.890. Must I require a final performance report?

32 C.F.R. § 37.890

You need not require a final performance report that addresses all major accomplishments under the TIA. If you do not do so, however, there must be an alternative that satisfies the requirement in DoD Instruction 3200.14 4 to document all DoD Science and Technology efforts and disseminate the results through the Defense Technical Information Center (DTIC). An example of an alternative would be periodic reports throughout the performance of the research that collectively cover the entire project.
Notes, amendments, and revision history

Amendments

[68 FR 47160, Aug. 7, 2003, as amended at 85 FR 51246, Aug. 19, 2020]

Authority

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

Source

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

Amendments

[68 FR 47160, Aug. 7, 2003, as amended at 85 FR 51246, Aug. 19, 2020]

§37.895. How is the final performance report to be sent to the Defense Technical Information Center?

32 C.F.R. § 37.895

(a)
Whether your TIA requires a final performance report or uses an alternative means under § 37.890, 5 you may include an award term or condition or otherwise instruct the recipient to submit the documentation, electronically if available, either:
(1)
Directly to the DTIC; or
(2)
To the office that is administering the award (for subsequent transmission to the DTIC).
(b)
If you specify that the recipient is to submit the report directly to the DTIC, you also:
(1)
Must instruct the recipient to include a fully completed Standard Form 298, “Report Documentation Page,” with each document, so that the DTIC can recognize the document as being related to the particular award and properly record its receipt; and
(2)
Should advise the recipient to provide a copy of the completed Standard Form 298 to the agreements officer responsible for administering the TIA.
Notes, amendments, and revision history

Amendments

[68 FR 47160, Aug. 7, 2003, as amended at 85 FR 51246, Aug. 19, 2020]

Authority

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

Source

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

Amendments

[68 FR 47160, Aug. 7, 2003, as amended at 85 FR 51246, Aug. 19, 2020]

§37.900. May I tell a participant that information in financial and programmatic reports will not be publicly disclosed?

32 C.F.R. § 37.900

You may tell a participant that:
(a)
We may exempt from disclosure under the Freedom of Information Act (FOIA) a trade secret or commercial and financial information that a participant provides after the award, if the information is privileged or confidential information. The DoD Component that receives the FOIA request will review the information in accordance with DoD procedures at 32 CFR 286.23(h) (and any DoD Component supplementary procedures) to determine whether it is privileged or confidential information under the FOIA exemption at 5 U.S.C. 552(b)(4), as implemented by the DoD at 32 CFR 286.12(d).
(b)
If the participant also provides information in the course of a competition prior to award, there is a statutory exemption for five years from FOIA disclosure requirements for certain types of information submitted at that time (see § 37.420).
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.

§37.905. Must I make receipt of the final performance report a condition for final payment?

32 C.F.R. § 37.905

If a final report is required, your TIA should make receipt of the report a condition for final payment. If the payments are based on payable milestones, the submission and acceptance of the final report by the Government representative will be incorporated as an event that is a prerequisite for one of the payable milestones.
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.