disclose this technical data to the extent provided in the contract or grant. This restriction does not limit the Government's right to use or disclose any technical data obtained from another source without restriction. (18) Signature of a responsible official of the proposing organization or a person authorized to obligate such organization. (d) Proposals for new projects should be submitted well in advance of the desired beginning date of support, while renewal proposals should be submitted at least 4 months in advance of the expiration date of the grant. Five copies of renewal proposals, 10 copies of initial proposals and 15 copies of bioscience research proposals (either new or renewals) are required to allow simultaneous study by all reviewers. (e) All unsolicited proposals from educational and nonprofit scientific institution, proposals to NASA Headquarters from other sources, and requests for additional information regarding the preparation of unsolicited proposals should be submitted to: National Aeronautics and Space Administration, Proposal Control Officer, Office of University Affairs (Code PY), Washington, D.C. 20546. (f) Proposals from nonuniversity sources, that relate particularly to the activities of a NASA field installation, may be submitted directly to the installation. (g) Policies and procedures governing the submission and processing of unsclicited proposals for research which, if accepted, would result in a contract are contained in Chapter 18, Title 41. § 1260.203 Processing unsolicited proposals. (a) All unsolicited proposals shall be processed in an expeditious manner. Proposals shall be acknowledged as soon after receipt as possible. Submitters shall be notified as to the ultimate disposition of their proposals. (b) Prior to making a comprehensive evaluation of a document apparently submitted as an unsolicited proposal, the initial receiving office shall determine that the document: (1) Contains sufficient technical and cost information to enable meaningful evaluation; (2) Has been approved by a responsible official of the proposing organization or a person authorized to obligate such organization; and (3) Does not merely offer to perform standard services or to provide "offthe-shelf" articles. If the document does not meet these requirements, a comprehensive evaluation need not be made, and the document may be considered and handled as correspondence or advertising. In such cases a prompt reply shall be sent to the submitter, indicating how the document is being interpreted and the reason for not considering it a proposal. (c) Every unsolicited proposal that is circulated for comprehensive evaluation shall be subject, where applicable, to the requirements of § 18-1.304 Restrictions on data and other information (41 CFR 18-1.304). (d) In evaluating a proposal, the evaluating office(s) shall consider, in addition to any other criteria, the following factors: (1) The overall scientific, technical merit of the proposed effort; (2) The potential contribution which the proposed effort is expected to make to NASA's specific program objective(s), if supported at this time; (3) The unique capabilities, related experience, facilities, instrumentation, or techniques which the proposer possesses and offers, and which are considered to be integral factors for achieving the scientific, technical, or technological objective(s) of the proposal; and (4) The unique qualifications, capabilities and experience of the proposed principal investigator and/or key personnel. Comprehensive evaluations of the university proposals and of proposals to Headquarters from nonuniversity sources shall be coordinated according to procedures to be established by the Office of University Affairs. If such a proposal is not to be accepted, the submitter shall be informed by a suitable letter, and a copy of the letter and associated proposal shall be retained in the files of the Office of University Affairs. § 1260.204 Criteria for selection of grant. Selection of the research support instrument (grant or contract), normally (but not necessarily) based upon an unsolicited proposal, shall be made by the contracting officer of the funding installation, taking into account NASA policies for dealing with universities, the special needs of the cognizant technical office, the nature of the proposed research, the manner in which it will be performed, and the nature and extent of technical direction and management control planned by NASA. Research grants may be made only to support basic scientific research at nonprofit institutions of higher education or at nonprofit organizations whose primary purpose is the conduct of scientific research. Subject to these basic requirements, some of the significant factors to be considered in determining whether to select the grant as the research support instrument are set forth in paragraphs (a) and (b) of this section: (a) Factors generally indicating the use of the grant instrument are as follows: (1) The primary purpose is to aid or support the acquisition of knowledge or understanding of the subject or phenomena under study; (2) The exact course of the work and its outcome are not defined precisely and specific points in time for achievement of significant results are not specified; (3) NASA desires, or the nature of the proposed investigation is such, that the grantee will bear prime responsibility for the conduct of the research, and exercise judgment and original thought toward attaining the scientific goals within broad parameters of the research areas proposed and the related resources provided; (4) The research problem is such that long term support (i.e. in excess of 1 year) is required for the study to mature to maximum scientific effectiveness (however, this does not preclude shorter-term grants in special cases); (5) Meaningful technical reports (as distinguished from the Semiannual Status Reports required pursuant to § 1260.401) will be prepared only as new findings are made, rather than on a predetermined time schedule; (6) Simplicity and economy in execution and administration are mutually desirable; and (7) Simplified advance payment is desired by the institution and is acceptable to NASA. (b) Factors generally indicating the use of a contract rather than the grant instrument are as follows: (1) The primary purpose is to buy or procure well-defined research or development in direct support of a programed NASA mission or project; (2) The work to be conducted is directed closely toward the solution of a specific problem; (3) A specific service, piece of hardware, or improved performance of a specific device is the end product; (4) NASA considers it necessary to exercise control over the objectives, direction, specifications, costs or methods of the research, and schedule control is desirable and feasible; (5) The work to be conducted is classified (however, access to security classified information may be given grantees where a demonstrated need exists); (6) The end result is clearly defined and/or parameters and specifications are prepared in advance of the work; and (7) A significant portion of the total effort will be performed by an organization other than the one submitting the proposal, and such portion will involve the development, fabrication or acquisition of instruments or hard ware. § 1260.205 Recommendation for acceptance of unsolicited proposal. (a) Where it is known that the grant will be used as the research instrument to support the unsolicited proposal, a "Recommendation for Acceptance of Unsolicited Proposal" shall be prepared by the technical office sponsoring the research and shall include findings set forth in paragraph (a)(1) or (a)(2) of this section: (1) The grant will provide support to an educational institution for the development or improvement of that institution's capability to contribute to the national aeronautical and space program; the contemplated work consists of basic scientific research; and the proposal was selected on the basis of its overall merit, cost and contribution to NASA program objectives. (2) The grant is for basic scientific research at a nonprofit institution of higher education or at a nonprofit organization whose primary purpose is the conduct of scientific research; and the proposal was selected on the basis of its overall merit, cost, and contribution to NASA program objectives. (b) In addition, the recommendation shall include the facts and circumstances that support the proposed action. The following illustrations represent factors which should be considered, as appropriate, in preparing the recommendation: (1) The scientific/technical merits of the unsolicited proposal and its potential contribution to NASA's program objectives; (2) The qualifications, capabilities and related experience of the submitting institution, principal investigator and/or key personnel; and (3) Unique facilities, instrumentation or techniques. § 1260.206 Processing the grant instrument. (a) If the grant is selected as the research support instrument, negotiations with the grantee shall not begin until a proposal control number has been assigned by the Office of University Affairs (Code PY), NASA Headquarters. (See § 1260.306(a)(2).) (b) Grants Officers at field installations will furnish to the Office of University Affairs copies of the technical evaluation and procurement request, identified by assigned proposal control number, at the time negotiation is begun, and a copy of the executed grant after award. (c) Grants Officers at field installations and the Headquarters Contracts Division will furnish to the Office of University Affairs completed NASA Forms 1356, "Committee on Academic Science and Engineering (C.A.S.E.) Report on Support of Colleges and Universities" after award. (See § 1260.603.) § 1260.207 Civil Rights Act of 1964-Nondiscrimination in federally assisted programs. (a) Section 602 of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d-1), provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance, and requires that each Government agency which is empowered to extend such financial assistance shall issue rules or regulations effectuating title VI (sections 601-605) of the Act with respect to such programs or activities administered by the agency. NASA's Civil Rights regulation is published in the FEDERAL REGISTER of January 9, 1965, 30 FR 301-305, 14 CFR Part 1250. (b) Research grants made under the authority of Pub. L. 85-934, approved September 6, 1958 (42 U.S.C. 18911893) are within the purview of title VI of the Act. (c) Further implementation, setting forth procedures and guidance, and assigning responsibility to NASA officials, is contained in NASA Management Instruction 2090.1. (d)(1) No grant shall be made unless and until an Assurance of Compliance, NASA Form 1206 (Exhibit A) has been obtained in accordance with the requirements of NMI 2090.1 or until proceedings pursuant to § 1250.107 of the NASA Civil Rights regulation (14 CFR 1250.107(c)) have been conducted and terminated in favor of the prospective grantee. NASA shall not be obligated to provide assistance in such a case during the pendency of any administrative proceedings under the NASA Civil Rights regulation. (2) If an unsolicited proposal relating to a covered program does not contain or refer to a prescribed Assurance and it does not appear that the proposer is aware of the requirement for the Assurance, prior to making any grant, the proposer shall be furnished a copy of the desired form of Assurance and shall be informed of the requirements of the NASA Civil Rights regulation and of this § 1260.207. (e) If a grantee under a grant prior to February 8, 1965, refuses to furnish an Assurance required under § 1250.104 of the NASA Civil Rights regulation (14 CFR 1250.107(b)), or otherwise fails or refuses to comply with a requirement imposed by or pursuant to that Section, NASA shall institute proceedings under the NASA Civil Rights regulation but shall continue assistance during the pendency of the proceedings. § 1260.208 Aircraft noise research and development programs. NASA and the Department of Transportation have executed an agreement (NMI 1052.103A) to coordinate their research and development efforts in aircraft noise reduction, control, prediction techniques and other aircraft noise related problems. Proposed grant actions relating to this program will be coordinated with the Deputy Associate Administrator (Programs), NASA Headquarters in accordance with the provisions of the NASA Management Instruction 1052.103A. § 1260.209 Barring of recruiting personnel. (a) The NASA Authorization Acts for 1969 and 1970 prohibited the use of appropriated funds authorized thereunder for grants to any nonprofit institution of higher learning which bars recruiters of the Armed Forces of the United States from the premises or property of such institution. This prohibition is continued in the Authorization Act for 1971, Pub. L. 91-303, 84 Stat. 370, approved July 2, 1970, as follows: (Sec 1. (h)) No part of the funds appropriated pursuant to subsection (a) of this section may be used for grants to any nonprofit institution of higher learning unless the Administrator or his designee determines at the time of the grant that recruiting personnel of any of the Armed Forces of the United States are not being barred from the premises or property of such institution except that this subsection shall not apply if the Administrator or his designee determines that the grant is a continuation or renewal of a previous grant to such institution which is likely to make a significant contribution to the aeronautical and space activities of the United States. The Secretary of Defense shall furnish to the Administrator or his designee within 60 days after the date of enactment of this Act and each January 30 and June 30 thereafter the names of any nonprofit institutions of higher learning which the Secretary of Defense determines on the date of each such report are barring such recruiting personnel from premises or property of any such institution. (b) In order to implement this statutory prohibition, all grants awarded to nonprofit institutions of higher learning and using appropriated funds subject to the above restrictions shall be processed as follows: (1) The Office of University Affairs will furnish each installation, for the use of grants officers, a current list of the institutions which bar Armed Forces recruiters. (2) If a proposed grantee institution is not on the foregoing list, but the grants officer nevertheless has reason to believe it is barring recruiting personnel from its premises or property, the circumstances and all the available pertinent information shall be forwarded to the Director of Procurement for further processing and coordination with the Director, Office of University Affairs. (3) If a proposed grantee institution is not on the list, and in the absence of any other evidence that the institution may be barring recruiters, the grants officer may proceed with negotiation of the grant. Immediately prior to mailing the grant, the grants officer shall verify, with an appropriate official of the grantee institution, that recruiters are not, in fact, being barred at that time. If such verification is obtained, and other necessary agreements have been reached in the negotiation, the grant may be forwarded to the grantee. Prior to forwarding the grant, a statement reading substantially as follows shall be imprinted on the grant document and completed by the grants officer: Pursuant to telephone conversation between -(NASA representative) and (Date), the grantee represents that at that Officer Executing) (4) Upon mailing the grant to the grantee institution, the grants officer shall include a signed statement reading substantially as follows in the grant file: In accordance with the procedures prescribed in paragraph 209 of the NASA Grant Handbook, I hereby find that -(Name of institution) is not listed on the report of the Secretary of Defense of institutions barring recruiters of the Armed Forces of the United States and that ---(Name), --(Position), representing the Grantee, has stated -(Date) that recruiters of the Armed Forces of the United States are not being barred from its premises or property and I, therefore, hereby determine that -(Name of institution) is not barring recruiting personnel of the Armed Forces of the United States from the premises or property of the institution at the time of award of this grant. on (5) Where it has been established, at the time of a proposed continuation or renewal of a grant, that the grantee institution bars recruiting personnel from its premises or property, the grants officer shall so notify the cognizant NASA program official. If the program official believes (considering the project's potential contribution to the space program, its cost, and any other relevant factors) that the grant should nonetheless be awarded, he shall provide the grants officer with a written statement to the effect that the grant is considered likely to make a significant contribution to the aeronautical and space activities of the United States, including a clear demonstration as to how and why such contribution is likely to come about. If the grants officer agrees with the opinion of the program official, he shall prepare the following determination and submit it, together with all supporting documentation, to the Director of Procurement for processing and coordination with the Director, Office of University Affairs. The authority to sign such determination has not been delegated and rests with the Administrator or his designee: I hereby determine that Grant No. -is a continuation or renewal of a previous grant to (Name of institution), which is likely to make a significant contribution to the aeronautical and space activities of the United States." The grant document shall not be released to the grantee institution until the foregoing determination has been executed. (c) When a university embodies two or more schools or divisions, and any individual school or division thereof bars recruiting personnel from its premises or property, the statutory prohibition cited in paragraph (a) of this section will apply to any and all schools or divisions of the university if the university as a whole is a single legal entity (i.e., where the individual schools and divisions do not have separate and individual entities of their own). Grants officers shall refer questionable cases in this connection to the Director of Procurement for coordination with the Director, Office of University Affairs. (d) Grants officers, through official channels, shall advise the Director of Procurement and the Director, Office of University Affairs, of any significant actions, problems or matters of substance related to the implementation of this procedure. § 1260.210 Printing, binding, and duplicating Printing, binding, and duplicating required by NASA shall be obtained in accordance with the Government Printing and Binding Regulations published by the Joint Committee on Printing, Congress of the United States, and NMI 1490.2, "Responsibilities, Procedures, and Standards for NASA Printing, Duplicating, and Binding." Technical proposals should be carefully reviewed to assure that unauthorized printing, binding, or volume duplicating constituting printing are not included in grants. When a proposed grant may involve printing, binding, or duplicating, close coordination will be effected with the Installation Central Printing Management Officer in the review process to insure compliance with these regulations. § 1260.211 Denial of funds resulting from disruption of activities of educational institutions. (a) Beginning with the Authorization Act for 1970, the National Aeronautics and Space Administration Authorization Acts have contained a pro |