ment programs should contact the nearest SBA field office and give all pertinent information concerning their personnel, facilities and research accomplishments other than proprietary data.

(b) SBA field offices will have available for use and guidance of small concerns, information on technical fields of interest to the Government, and names of the specific offices of Government procurement agencies which are responsible for technical management of various research and development programs of the Government.

§ 125.9-2 Research and development pools; purposes.

Small concerns may form pools through such corporate or other mechanisms deemed most appropriate for the purpose.

Joint research and development programs conducted through small business research and development pools may, among other things, include the following purposes:

(a) To construct, acquire, or establish laboratories and other facilities for the conduct of research.

(b) To undertake and utilize applied research.

(c) To collect research information related to a particular industry and disseminate it to participating members.

(d) To conduct applied research on a protected, proprietary, and contractual basis with member or nonmember concerns, Government agencies, and others.

(e) To prosecute applications for patents and render patent services for participating members.

(f) To negotiate and grant licenses under patents held under the joint program, and to establish corporations designed to exploit particular patents obtained by it.

§ 125.9-3 Procedures for organizing a research and development pool.

(a) Concerns desiring to organize a research and development pool will file an application (Form 419) with detailed information to be included, with the local SBA Regional Office.

(b) Upon receipt of the application, the Regional Office will review the application as to its sufficiency and if it is fully completed will refer it to the Administrator for his action.

(c) On reviewing the application; the Administrator will consult with the Attorney General and the Chairman of the Federal Trade Commission on the

application under consideration for approval. Upon receiving the written approval of the Attorney General, the Administrator may approve any agreement between small business concerns providing for a joint program of research and development, if the Administrator finds that the joint program proposed will maintain and strengthen the free enterprise system and the economy of the Nation. A copy of the statement of any such finding and approval shall be published in the FEDERAL REGISTER. § 125.9-4

Types of research and development pools.

(a) Incorporated: A pool which has been incorporated by the member firms under the laws of a State.

(b) Unincorporated: A pool in which the activities are directed and controlled by an executive committee, and no action is taken on behalf of the pool without prior authorization or approval of the committee.

[Amdt. 1, 28 F.R. 12311, Nov. 21, 1963]

§ 125.9-5 Antitrust exemption.

No act or omission to act pursuant to and within the scope of any joint program for research and development, under an agreement approved by the Administrator, under this section, shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act. Upon publication in the FEDERAL REGISTER of the notice of withdrawal of the approval of the agreement granted under this subsection, either by the Administrator or by the Attorney General, the provisions of this subsection shall not apply to any subsequent act or omission to act by reason of such agreement or approval. § 125.9-6 Withdrawal of approval of a research and development pool.

126.11-2 126.11-3 126.11-4 126.11-5

126.11-6

Procedures.

Types of defense production pools.
Antitrust exemptions.

Withdrawal of approval of a small
business defense production pool.
Reports.

126.11-7 New members.

AUTHORITY: The provisions of this Part 126 issued under 64 Stat. 798, as amended, secs. 5, 11, 72 Stat. 385, 394; 50 U.S.C. App. 2061 et seq., 15 U.S.C. 634, 640, E.O. 10493; 3 CFR, 1949-1953 Comp.

SOURCE: The provisions of this Part 126 appear at 23 F.R. 10529, Dec. 31, 1958, unless otherwise noted.

§ 126.11 Statutory provisions.

SEC. 11 (a) The President is authorized to consult with representatives of small-business concerns with a view to encouraging the making by such persons with the approval of the President of voluntary agreements and programs to further the objectives of this Act.

(b) No act or omission to act pursuant to this Act which occurs while this Act is in effect, if requested by the President pursuant to a voluntary agreement or program approved under subsection (a) of this section and found by the President to be in the public interest as contributing to the national defense, shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act of the United States. A copy of each such request intended to be within the coverage of this section, and any modification or withdrawal thereof, shall be furnished to the Attorney General and the Chairman of the Federal Trade Commission when made, and it shall be published in the FEDERAL REGISTER unless publication thereof would, in the opinion of the President, endanger the national security.

(c) The authority granted in subsection (b) of this section shall be delegated only (1) to an official who shall for the purpose of such delegation be required to be appointed by the President by and with the advice and consent of the Senate, (2) upon the condition that such official consult with the Attorney General and the Chairman of the Federal Trade Commission not less than ten days before making any request or finding

Defense production pools are authorized to enter into defense contracts with the Government and may perform such contracts or assign subcontracts to the members of the pool, or may in the case of an unincorporated pool designate a member as prime contractor. The Secretary of Labor has exempted such pools from the requirement of section 1(a) of the Walsh-Healey Public Contracts Act as to the certification that such pool is a "Manufacturer" or "Regular Dealer" under said Act.

§ 126.11-2 Procedures.

(a) Concerns planning to organize a small business defense production pool will file an application (Form 418) with detailed information to be included, with the SBA Regional Office.

(b) Upon receipt of an application, the Regional Office will review it as to sufficiency and if it is fully completed will refer it to the Administrator for his action.

(c) Upon receipt of the application, the Administrator will forward a copy to the Attorney General and the Chairman of the Federal Trade Commission and request consultation with them.

(d) Upon completing the consultation and upon a finding by the Administrator that the action is in the public interest as contributing to the national defense, the Administrator will request written approval of the Attorney General.

(e) Upon receipt of approval by the Attorney General, the Administrator notifies the pool and each applicant that the plan has been approved and asks each to participate in the pool's operation.

(f) The pool may commence operations upon its written acceptance and each member thereof may participate as a pool member upon their written acceptances transmitted to the Administrator. The Administrator will publish in the FEDERAL REGISTER copies of his

ment programs should contact the nearest SBA field office and give all pertinent information concerning their personnel, facilities and research accomplishments other than proprietary data.

(b) SBA field offices will have available for use and guidance of small concerns, information on technical fields of interest to the Government, and names of the specific offices of Government procurement agencies which are responsible for technical management of various research and development programs of the Government.

§ 125.9-2

Research and development pools; purposes.

Small concerns may form pools through such corporate or other mechanisms deemed most appropriate for the purpose. Joint research and development programs conducted through small business research and development pools may, among other things, include the following purposes:

(a) To construct, acquire, or establish laboratories and other facilities for the conduct of research.

(b) To undertake and utilize applied research.

(c) To collect research information related to a particular industry and disseminate it to participating members.

(d) To conduct applied research on a protected, proprietary, and contractual basis with member or nonmember concerns, Government agencies, and others.

(e) To prosecute applications for patents and render patent services for participating members.

(f) To negotiate and grant licenses under patents held under the joint program, and to establish corporations designed to exploit particular patents obtained by it.

§ 125.9-3 Procedures for organizing a research and development pool.

(a) Concerns desiring to organize a research and development pool will file an application (Form 419) with detailed information to be included, with the local SBA Regional Office.

(b) Upon receipt of the application, the Regional Office will review the application as to its sufficiency and if it is fully completed will refer it to the Administrator for his action.

(c) On reviewing the application; the Administrator will consult with the Attorney General and the Chairman of the Federal Trade Commission on the

application under consideration for approval. Upon receiving the written approval of the Attorney General, the Administrator may approve any agreement between small business concerns providing for a joint program of research and development, if the Administrator finds that the joint program proposed will maintain and strengthen the free enterprise system and the economy of the Nation. A copy of the statement of any such finding and approval shall be published in the FEDERAL REGISTER. § 125.9-4

Types of research and development pools.

(a) Incorporated: A pool which has been incorporated by the member firms under the laws of a State.

(b) Unincorporated: A pool in which the activities are directed and controlled by an executive committee, and no action is taken on behalf of the pool without prior authorization or approval of the committee.

Amdt. 1, 28 F.R. 12311, Nov. 21, 1963] § 125.9-5 Antitrust exemption.

No act or omission to act pursuant to and within the scope of any joint program for research and development, under an agreement approved by the Administrator, under this section, shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act. Upon publication in the FEDERAL REGISTER of the notice of withdrawal of the approval of the agreement granted under this subsection, either by the Administrator or by the Attorney General, the provisions of this subsection shall not apply to any subsequent act or omission to act by reason of such agreement or approval. § 125.9-6 Withdrawal of approval of a research and development pool.

126.11-2 126.11-3 126.11-4 126.11-5

126.11-6

Procedures.

Types of defense production pools.
Antitrust exemptions.

Withdrawal of approval of a small
business defense production pool.
Reports.

126.11-7 New members.

AUTHORITY: The provisions of this Part 126 issued under 64 Stat. 798, as amended, secs. 5, 11, 72 Stat. 385, 394; 50 U.S.C. App. 2061 et seq., 15 U.S.C. 634, 640, E.O. 10493; 3 CFR, 1949-1953 Comp.

SOURCE: The provisions of this Part 126 appear at 23 F.R. 10529, Dec. 31, 1958, unless otherwise noted.

§ 126.11 Statutory provisions.

SEC. 11 (a) The President is authorized to consult with representatives of small-business concerns with a view to encouraging the making by such persons with the approval of the President of voluntary agreements and programs to further the objectives of this Act.

(b) No act or omission to act pursuant to this Act which occurs while this Act is in effect, if requested by the President pursuant to a voluntary agreement or program approved under subsection (a) of this section and found by the President to be in the public interest as contributing to the national defense, shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act of the United States. A copy of each such request intended to be within the coverage of this section, and any modification or withdrawal thereof, shall be furnished to the Attorney General and the Chairman of the Federal Trade Commission when made, and it shall be published in the FEDERAL REGISTER unless publication thereof would, in the opinion of the President, endanger the national security.

(c) The authority granted in subsection (b) of this section shall be delegated only (1) to an official who shall for the purpose of such delegation be required to be appointed by the President by and with the advice and consent of the Senate, (2) upon the condition that such official consult with the Attorney General and the Chairman of the Federal Trade Commission not less than ten days before making any request or finding

Defense production pools are authorized to enter into defense contracts with the Government and may perform such contracts or assign subcontracts to the members of the pool, or may in the case of an unincorporated pool designate a member as prime contractor. The Secretary of Labor has exempted such pools from the requirement of section 1(a) of the Walsh-Healey Public Contracts Act as to the certification that such pool is a "Manufacturer" or "Regular Dealer" under said Act.

§ 126.11-2 Procedures.

(a) Concerns planning to organize a small business defense production pool will file an application (Form 418) with detailed information to be included, with the SBA Regional Office.

(b) Upon receipt of an application, the Regional Office will review it as to sufficiency and if it is fully completed will refer it to the Administrator for his action.

(c) Upon receipt of the application, the Administrator will forward a copy to the Attorney General and the Chairman of the Federal Trade Commission and request consultation with them.

(d) Upon completing the consultation and upon a finding by the Administrator that the action is in the public interest as contributing to the national defense, the Administrator will request written approval of the Attorney General.

(e) Upon receipt of approval by the Attorney General, the Administrator notifies the pool and each applicant that the plan has been approved and asks each to participate in the pool's operation.

(f) The pool may commence operations upon its written acceptance and each member thereof may participate as a pool member upon their written acceptances transmitted to the Administrator. The Administrator will publish in the FEDERAL REGISTER copies of his

ment programs should contact the nearest SBA field office and give all pertinent information concerning their personnel, facilities and research accomplishments other than proprietary data.

(b) SBA field offices will have available for use and guidance of small concerns, information on technical fields of interest to the Government, and names of the specific offices of Government procurement agencies which are responsible for technical management of various research and development programs of the Government.

§ 125.9-2

Research and development pools; purposes.

Small concerns may form pools through such corporate or other mechanisms deemed most appropriate for the purpose.

Joint research and development programs conducted through small business research and development pools may, among other things, include the following purposes:

(a) To construct, acquire, or establish laboratories and other facilities for the conduct of research.

(b) To undertake and utilize applied research.

(c) To collect research information related to a particular industry and disseminate it to participating members.

(d) To conduct applied research on a protected, proprietary, and contractual basis with member or nonmember concerns, Government agencies, and others.

(e) To prosecute applications for patents and render patent services for participating members.

(f) To negotiate and grant licenses under patents held under the joint program, and to establish corporations designed to exploit particular patents obtained by it.

§ 125.9-3 Procedures for organizing a research and development pool.

(a) Concerns desiring to organize a research and development pool will file an application (Form 419) with detailed information to be included, with the local SBA Regional Office.

(b) Upon receipt of the application, the Regional Office will review the application as to its sufficiency and if it is fully completed will refer it to the Administrator for his action.

(c) On reviewing the application; the Administrator will consult with the Attorney General and the Chairman of the Federal Trade Commission on the

application under consideration for approval. Upon receiving the written approval of the Attorney General, the Administrator may approve any agreement between small business concerns providing for a joint program of research and development, if the Administrator finds that the joint program proposed will maintain and strengthen the free enterprise system and the economy of the Nation. A copy of the statement of any such finding and approval shall be published in the FEDERAL REGISTER. § 125.9-4

Types of research and development pools.

(a) Incorporated: A pool which has been incorporated by the member firms under the laws of a State.

(b) Unincorporated: A pool in which the activities are directed and controlled by an executive committee, and no action is taken on behalf of the pool without prior authorization or approval of the committee.

Amdt. 1, 28 F.R. 12311, Nov. 21, 1963] § 125.9-5 Antitrust exemption.

No act or omission to act pursuant to and within the scope of any joint program for research and development, under an agreement approved by the Administrator, under this section, shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act. Upon publication in the FEDERAL REGISTER of the notice of withdrawal of the approval of the agreement granted under this subsection, either by the Administrator or by the Attorney General, the provisions of this subsection shall not apply to any subsequent act or omission to act by reason of such agreement or approval. § 125.9-6 Withdrawal of approval of a research and development pool.