10 CCR s 5451

Cal. Admin. Code tit. 10, s 5451

CALIFORNIA CODE OF REGULATIONS
TITLE 10. INVESTMENT
CHAPTER 7.7. DEPARTMENT OF COMMERCE: COMPETITIVE TECHNOLOGY PROGRAM
ARTICLE 5. CONSORTIA
This database is current through 01/05/07, Register 2007, No. 1.
s 5451. Sub-Solicitation Requirements.

(a) An applicant shall be eligible to submit an application for a
consortium project to fund sub-projects if the applicant is a consortium
meeting all the requirements of Section 5450.

(b) The only circumstance under which an applicant shall be authorized to
submit an application without identifying the specific projects to be
funded is when a sub-solicitation will be used by a consortium project.
Such projects require a sub-solicitation when state funds will be awarded
to third parties pursuant to an application process to occur after the
grant is awarded to the applicant. No funds shall be disbursed or expenses
incurred for awards to third parties pursuant to a sub-solicitation until
the agency has approved in writing the applicant's compliance with the
subsection (c) requirements.

(c) A sub-solicitation shall be approved by the agency upon compliance
with all of the following:

(1) the sub-solicitation is approved by the governing board of the
consortium;

(2) the sub-solicitation prohibits discrimination by applicants,
and requires compliance with state and federal anti-discrimination
laws;

(3) the sub-solicitation specifies that upon award of a
sub-solicitation grant, the parties shall execute an agreement which
includes the requirements contained in the State Administrative
Manual covering contracts between the state and contractors. The
agreement shall be solely between the applicant and the
sub-solicitation grantee, except for any indemnification clauses,
which shall benefit the state;

(4) the sub-solicitation must be advertised both within the
scientific and business community served by the consortium and to
other interested parties;

(5) the sub-solicitation must state that:

(A) costs will be paid on a cost reimbursement basis;

(B) the issue of ownership and use of intellectual property will be
resolved in the sub-solicitation grant agreement;

(C) sub-solicitation applicants must list all companies which will
participate in the project, and if no companies will participate,
must specify why;

(6) the sub-solicitation must include provisions for repayment of
the grant to the consortium in the event of material non-compliance
with the agreement:

(7) the sub-solicitation subject area is consistent with the
consortium's technology agenda as that term is defined in Section
5450(b); and

(8) the process used to select winning sub-solicitation projects
must be in writing, include objective criteria based upon a
competitive process, and be approved by the consortium governing
board;

(9) projects funded pursuant to a sub-solicitation must include a
plan for management of the project while it is being funded; and

(10) the governing board of the consortium must establish a time
line for regular review of the project, including the type of review
to be conducted. This review shall be conducted by either the
governing board or its designated representative.

(d) The agency shall be a member of the panel selected by the consortium
to review sub-solicitations.

(e) All agreements with sub-solicitation grantees must be reviewed and
approved by the department.

Note: Authority cited: Section 15379.9, Government Code.
Reference: Sections 15333.5, 15379.1 and 15379.3, Government Code.

HISTORY

1. New section filed 9-8-92 as an emergency; operative 9-8-92 (Register
92,
No. 37). A Certificate of Compliance must be transmitted to OAL by 3-8-93
or emergency language will be repealed by operation of law on the
following
day.

2. New section refiled 3-8-93 as an emergency; operative 3-8-93 (Register
93,
No. 11). A Certificate of Compliance must be transmitted to OAL by 9-8-93
or
emergency language will be repealed by operation of law on the following
day.

3. Certificate of Compliance as to 3-8-93 order transmitted to OAL 9-2-93

with amendments and filed 10-18-93 (Register 93, No. 43).

4. Editorial correction amending History 1 and 2 (Register 93, No. 43).

5. Change without regulatory effect amending subsections (b), (c) and (d)
filed
2-7-94 pursuant to title 1, section 100, California Code of Regulations
(Register 94, No. 6).

10 CCR s 5451, 10 CA ADC s 5451
1CAC

10 CA ADC s 5451

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