106 STAT. 2678 PUBLIC LAW 102-484—OCT. 23, 1992 ^§ 2511. Defense dual-use critical technology partnerships " (a) ESTABLISHMENT OF PARTNERSHIPS.— The Secretary of Defense shall conduct a program to further the national security objectives set forth in section 2501(a) of this title, by providing for the establishment of cooperative arrangements (hereinafter in this section referred to as 'partnerships') between the Department of Defense and entities referred to in subsection (b) in order to encourage and provide for research, development, and application of dual-use critical technologies. The Secretary may make grants, enter into contracts, or enter into cooperative agreements and other transactions pursuant to section 2371 of this title in order to estab- Ush the partnerships. "(b) NON-DEPARTMENT OF DEFENSE PARTICIPANTS.— In the case of each partnership, the entities with which the Secretary enters into the partnership shall include two or more eligible firms or a nonprofit research corporation established by two or more eligible firms and, may also include, as determined appropriate by the Secretary of Defense, a Federal laboratory or laboratories. Government-owned and operated industrial facilities, institutions of higher education, agencies of State governments, and other entities that Earticipate in the partnership by supporting the activities conducted y such firms or corporations under this section. "(c) FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT PARTICIPANTS.— The Secretary of Defense shall ensure that, to the maximimi extent he determines to be practicable, the amount of the funds provided by the Federal Government under a partnership does not exceed the total arroimt provided by non-Federal Government participants in that partnership. "(d) ASSISTANCE AUTHORIZED.— The Secretary of Defense may provide a partnership with technical and other assistance to facilitate the achievement of the purposes of this section. In providing such assistance, the Secretary shall make available, as appropriate for the work to be performed by each partnership, equipment and facilities of Department of Defense laboratories (including the scientists and engineers at those laboratories) to a partnership recognized under this section for purposes of any project that is approved by the Secretary. "(e) SELECTION PROCESS. —Competitive procedures shall be used in the establishment of partnerships, except that procedures other than competitive procedures may be used in any case in which an exception set out in section 2304(c) of this title applies. "(f) SELECTION CRITERIA. —The criteria for the selection of proposed partnerships for establishment under this section snail include the following: "(1) The extent to which the program proposed to be conducted by the partnership advances and enhances the national security objectives set forth in section 2501(a) of this title. "(2) The technical excellence of the program proposed to be conducted by the partnership. "(3) The qualifications of the personnel proposed to participate in the partnership's research activities. "(4) An assessment of timely private sector investment in activities to achieve the goals and objectives of the proposed partnership other than through the partnership. "(5) The potential effectiveness of the partnership in the further development and application of each technology pro-
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