TITLE 32 - NATIONAL DEFENSE

SUBTITLE A - DEPARTMENT OF DEFENSE

CHAPTER I - OFFICE OF THE SECRETARY OF DEFENSE

SUBCHAPTER C - DOD GRANT AND AGREEMENT REGULATIONS

PART 37 - TECHNOLOGY INVESTMENT AGREEMENTS

subpart e - PRE - AWARD BUSINESS EVALUATION

37.575 - What are my responsibilities for determining milestone payment amounts?

  (a) If you select the milestone payment method (see 37.805), you must assess the reasonableness of the estimated amount for reaching each milestone. This assessment enables you to set the amount of each milestone payment to approximate the Federal share of the anticipated resource needs for carrying out that phase of the research effort.

  (b) The Federal share at each milestone need not be the same as the Federal share of the total project. For example, you might deliberately set payment amounts with a larger Federal share for early milestones if a project involves a start-up company with limited resources.

  (c) For an expenditure-based TIA, if you have minimum percentages that you want the recipient's cost sharing to be at the milestones, you should indicate those percentages in the agreement or in separate instructions to the post-award administrative agreements officer. That will help the administrative agreements officer decide when a project's expenditures have fallen too far below the original projections, requiring adjustments of future milestone payment amounts (see 37.1105(c)).

  (d) For fixed-support TIAs, the milestone payments should be associated with the well-defined, observable and verifiable technical outcomes (e.g., demonstrations, tests, or data analysis) that you establish for the project in accordance with 37.305(a) and 37.560(a).