§ 1259.603 Responsibilities.

(a) The Panel shall advise the Administrator and the Director, Educational Affairs Division, with respect to: (1) Applications or proposals for, and performance under, awards made pursuant to sections 206 and 207 of Title II of the Act;

(2) The Space Grant fellowship program;

(3) The designation and operation of Space Grant colleges and Space Grant regional consortia, and the operation of Space Grant and fellowship programs;

(4) The formulation and application of the planning guidelines and priorities pursuant to section 205 (a) and (b)(1) of Title II of the Act; and

(5) Such other matters as the Administrator refers to the Panel for review and advice.

(b) The Panel shall meet biannually and at any other time at the call of the Chair or upon a request from a majority of the voting members or at the call of the Administrator.

(c) The Panel may exercise such powers as are reasonably necessary in order to carry out the duties enumerated in paragraph (a) of this section.

(d) The Director, Educational Affairs Division, shall appoint an Executive Secretary who shall perform administrative duties for the Panel.

(e) Federal members of the Panel will have their agencies reimbursed by NASA for any travel costs and per diem expenses required to attend Panel meetings.

(f) Nonfederal members of the Panel will be reimbursed by NASA for travel costs and per diem expenses required to attend Panel meetings.

Sec.

1260.106 Deviations.

1260.107 Definitions.

1260.108 Federal Acquistion Regulation (FAR, 48 CFR Ch. 1). 1260.109 Prohibitions. 1260.110

Grants Officer Qualifications.

Subpart 2-Basic Policies

1260.200 Authority. 1260.201 Policy. 1260.202 Proposals.

1260.203 Criteria for selection of award in

strument.

1260.204 Processing the instruments. 1260.205 Civil Rights requirements, nondiscrimination in certain federally funded programs.

1260.206 Printing, binding, and duplicating.

1260.208 Clean Air and Federal Water Pollution Control Acts.

1260.209 Property rights in inventions. 1260.210 Debarment and suspension; and drug-free workplace.

Subpart 3-Award of Grants and Cooperative Agreements

1260.301 Instruments. 1260.302 Format. 1260.303

Allowable costs. 1260.304 Cost sharing. 1260.305 Long term stability.

1260.306 Numbering of instruments. 1260.307 Distribution of grants, cooperative agreements, and grant supplements. 1260.308 Retention of documents for onsite audit.

1260.309 Requirement for this part. 1260.310 Program income.

Subpart 4-Research Grant and Cooperative Agreement Provisions

1260.400 General.

1260.401 Technical reports and publications.

1260.402 Extensions.

(a) This Part 1260 constitutes NASA's implementation of the public laws, executive orders, Executive Branch agency circulars, acquisition regulations, and NASA management issuances applicable to NASA grants and cooperative agreements (see Exhibit F for a detailed listing). Using various techniques ranging from explicit guidance to directing the use of other documents, it prescribes for NASA and grantee use the essential requirements for negotiation, award, and administration of grants and cooperative agreements.

(b) All aspects of this Part 1260 are fully coordinated at the Headquarters level, including review by General Counsel. This affords the individual user uniform, agency-wide interpretation of the material cited in Exhibit F. For example, the applicable parts of OMB Circular A-110 are substantially included (although not always identified) in the appropriate sections. Thus, use of A-110 is unnecessary, except for those instances where this Part 1260 specifically directs the use of A-110 sections.

(c) Every attempt is made to keep the Part 1260 current; however, users are encouraged to contact the Headquarters Procurement Policy Division (Code HP) regarding questions, suggestions, and errors of omission or commission.

[51 FR 2626, Jan. 17, 1986, as amended at 54 FR 43050, Oct. 20, 1989]

§ 1260.104 Amendment.

(a) NASA Grant and Cooperative Agreement Handbook Instruction. This handbook will be amended by issuance of printed loose-leaf Instructions containing revised or additional pages, sections, or subparts. Each revised or new page will bear, at the top, the date and the Instruction number. Instructions will be numbered consecutively. Changes to this part will be published in the FEDERAL REGISTER.

(b) Procurement Information Circulars. Non-regulatory changes to the Handbook which require immediate dissemination may be made by a Procurement Information Circular, issued by Headquarters, Procurement Policy Division, Code HP.

[51 FR 2626, Jan. 17, 1986, as amended at 52 FR 12378, Apr. 16, 1987]

§ 1260.105

Dissemination

and effective date of the part and amendments. (a) The NASA Grant and Cooperative Agreement Handbook and Instructions will be distributed by Code HP directly to NASA Headquarters offices and to installation distribution points. These NASA elements must inform the Office of Procurement, NASA Headquarters, Procurement Policy Division (Code HP) of the numbers of copies required. Requests for additional copies should be sent directly to Code HP by Headquarters offices or through installations' distribution points.

(b) Heads of installations will ensure that copies of the NASA Grant and Cooperative Agreement Handbook are distributed to all interested activities and individuals within their installation.

(c) Subscriptions to the NASA Grant and Cooperative Agreement Handbook and Instructions may be purchased by private concerns, universities, and individuals from the Superintendent of Documents, United States Government Printing Office, Washington, DC 20402. Instructions are automatically forwarded to subscribers upon issu

ance.

(d) Compliance with an amendment to the NASA Grant and Cooperative Agreement Handbook shall be effective with the date of issuance thereof,

(a) Applicability. A deviation shall be considered to be any of the following:

(1) When a prescribed grant or cooperative agreement clause is set forth verbatim in this part, use of a clause covering the same subject matter which varies from, or has the effect of altering, the prescribed clause, or changing its application;

(2) When a grant or cooperative agreement clause is set forth in this part, but not for use verbatim, use of a clause covering the same subject matter which is inconsistent with the intent, principle, and substance of the part clause or related coverage of the subject matter;

(3) Omission of any mandatory grant or cooperative agreement clause;

(4) When a NASA or other form is prescribed by this Handbook, use of any other form for the same purpose;

(5) Alteration of a NASA or other form prescribed in this part, except as authorized herein;

(6) When limitations are imposed by this part upon the use of a grant or cooperative agreement clause, form, procedure, or any other grant or cooperative agreement action, the imposition of lesser or greater limitations; or

(7) When a policy, procedure, method, or practice of conducting grant actions is prescribed in this part, any policy, procedure, method, or practice inconsistent therewith.

(8) Creation of a form for grantee use which constitutes a "Collection of Information" within the meaning of the Paperwork Reduction Act of 1980 (44 U.S.C. 35) and its implementation in 5 CFR Part 1320.

(9) Any other action described elsewhere in this Handbook as a deviation.

(b) Approval of deviations. Deviations from this Part 1260 will be authorized only when essential to effect necessary grant or cooperative agree

ment actions or where special circumstances make such deviations clearly in the best interests of the Government. Such deviations will be approved only by the Assistant Administrator for Procurement or a duly authorized representative after review by Office of General Counsel.

(c) Request for Deviations. Requests for authority to deviate from this part 1260 shall be submitted to the Assistant Administrator for Procurement, NASA Headquarters (Code HP). Such requests shall be reviewed by local counsel, signed by the Procurement Officer of a field instation (or the Director of the Division in the case of the Headquarters Contracts and Grants Division) and shall be submitted as far in advance as exigencies of the situation will permit. Each request for a deviation shall contain as a minimum:

(1) Identification of the part requirement from which a deviation is sought;

(2) A full description of the deviation and the circumstances in which it will be used;

(3) A description of the intended effect of the deviation;

(4) A statement as to whether the deviation has been requested previously, and, if so, circumstances of the previous request.

(5) The name of the grantee or party to a cooperative agreement and identification of the grant or cooperative agreement affected, including the dollar value; and

(6) Detailed rationale for the request, including any pertinent background information that will contribute to a fuller understanding of the deviation sought.

[51 FR 2626, Jan. 17, 1986, as amended at 54 FR 43050, Oct. 20, 1989]

and cooperative agreement unless otherwise indicated.

(a) Administrator. The Administrator or Deputy Administrator of NASA.

(b) Assistant Administrator for Procurement. The head of the Office of Procurement, NASA Headquarters

(Code H).

(c) Basic Research. Systematic, intensive study directed toward greater knowledge or understanding of the subject studies.

(d) Educational Institution. Any institution which (1) has a faculty, (2) offers courses of instruction, and (3) is authorized to award a degree upon completion of a specific course of study.

(e) Equipment. As used in this part, equipment is another term for nonexpendable personal property.

(1) Government Furnished Equipment. Equipment in the possession of, or acquired directly by, the Government and subsequently delivered or otherwise made available to a grantee.

(2) Acquired Equipment. Equipment purchased or fabricated with grant or cooperative agreement funds by a recipient, for the performance of research under its grant or cooperative agreement.

(f) Grants officer. A qualified NASA employee who has been delegated the authority to award and administer grants and cooperative agreements.

(g) Grant Specialist. Any employee of NASA who is assigned the responsibility of negotiating with potential grantees the terms and conditions of specific grants and cooperative agreements, and the administration of such grants or cooperative agreements.

(h) NASA. The National Aeronautics and Space Administration.

(i) Subcontract. A written agreement between a grantee and a third party for the furnishing of services or supplies necessary to carry out the research under a grant or cooperative agreement.

(j) Support. Funding of a research project meeting NASA mission objectives.

(k) Technical Officer. The official of the cognizant NASA program office who is responsible for monitoring the technical aspects of the work under a grant or cooperative agreement.

[51 FR 2626, Jan. 17, 1986, as amended at 53 FR 38286, Sept. 30, 1988]

§ 1260.108 Federal Acquisition Regulation (FAR, 48 CFR Ch 1).

(a) The FAR is the primary regulation for use by all Federal Executive Agencies in their acquisition of supplies and services with appropriated funds. On April 1, 1984, the FAR, together with agency supplemental regulations, replaced the Federal Procurement Regulation System (FPR), the Defense Acquisition Regulation (DAR), and the NASA Procurement Regulation (NPR, 41 CFR Ch. 18). At the same time, NASA issued its FAR Supplement (NFS, 48 CFR Ch. 18), which established agency-wide, uniform policies and procedures that implement and supplement (but do not repeat, paraphrase, or otherwise restate) the FAR.

(b) As the FAR deals only with procurement, it does not replace the general guidance for issuing and administering grants and cooperative agreements. However, NASA, as in the past, applies certain of its procurement regulations to grants and cooperative agreements. Previously, this was indicated by textual citations of or references to the NPR. Subsequent to April 1, 1984, a formerly unique reference may be replaced by a reference to the FAR, a reference to the NFS, or a reference to both.

(c) The numbering systems in both the FAR and NFS are essentially identical, except that the NFS is identified by a prefixed "18." For example, the government-wise guidance on unsolicited proposals appears in FAR 48 CFR Subpart 15.5, while NASA implementation and additional policies appear in NASA FAR Supplement 48 CFR Subpart 1815.5.

(d) Copies of the FAR and the NFS may be purchased from the Superintendent of Documents, Government Printing Office (GPO), Washington, DC 20402. They are not available to the general public directly from NASA.

possible. Therefore, this Handbook is silent in various areas where long-established pre- and post-award contractual procedures exist. As such, policies, procedures, representations, certifications, forms or requirements (regardless of modifications) applicable to contracts shall not be used for grants or cooperative agreements unless otherwise authorized by this Handbook or by a deviation thereto.

(b) Installation regulations, handbooks or similar guidance documents shall not unnecessarily repeat, paraphrase, extract, condense, be inconsistent with or otherwise restate the material contained in this Handbook.

(c) Pursuant to NFS 18-37.204-70(c), grants and cooperative agreements shall not be used as legal instruments for consulting service arrangements.

(d) Grants and cooperative agreements shall not be used as legal instruments when the primary purpose of the award is to pay the costs of travel ("Travel Grant") or for the purchase of equipment or supplies ("Equipment Grant"). (This restriction does not preclude otherwise allowable expenditures for travel, equipment or supplies in support of awards made pursuant to § 1260.203.)

[52 FR 12378, Apr. 16, 1987, as amended at 54 FR 43050, Oct. 20, 1989]