106 STAT. 2680 PUBLIC LAW 102-484—OCT. 23, 1992 participate in the partnership by supporting the activities conducted by such firms or corporations under this section.
- (b) ASSISTANCE AUTHORIZED. — (1) The Secretary may make
grants, enter into contracts, and enter into cooperative agreements and other transactions pursuant to section 2371 of this title in order to establish the partnerships. "(2) The Secretary may not enter into a partnership under this section for a period longer than 5 years. "(3) The Secretary may provide a partnership with technical and other assistance to facilitate the achievement of the purposes of this section, subject to the limitations in subsection (c). "(c) FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT PARTICIPANTS.^1) The Secretary shall ensure that the amount of funds provided by the Secretary under a partnership does not exceed the maximum authorized percentage of the toted cost of partnership activities. "(2) The maximum authorized percentage of funding referred to in paragraph (1) for each year of a partnership is as follows: "(A) 50 percent in the nrst year. "(B) 40 percent in the second year.
- (C) 30 percent in the each of the third, fourth, and fifth
years. Regulations. (3)(A) The Secretary shall prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a partnership for the purpose of determining the share of the partnership costs that has been or is being undertaken by such participants. "(B) The regulations shall also ensure that the in-kind contributions of nonprofit institutions and small businesses are considered included, to the maximum extent practicable, in the non-Federal Government share of the cost of the partnership. "(d) SELECTION PROCESS. —Competitive procedures shall be used in the establishment of partnershms. "(e) SELECTION CRITERIA.— The criteria for the selection of a proposed partnership for establishment under this section shall include the following: "(1) The extent to which the program proposed to be conducted by the partnership advances and eimances 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 that 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 proposed to be developed by the partnership for the industrial and technology base. "(6) The extent of the financial commitment of the eligible firms to the proposed partnership. "(7) The likeUhood that the partnership will develop technologies that are sufficiently viable in the commercial sector 80 that such technologies will be available to meet the future reconstitution requirements and other needs of the Department of Defense described in the most recent national technology
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