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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.

8 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.

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, nondis

crimination in certain federally funded

programs. 1260.206 Printing, binding, and duplicat

ing. 1260.208 Clean Air and Federal Water Pol

lution 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, coopera

tive agreements, and grant supplements. 1260.308 Retention of documents for on.

site audit. 1260.309 Requirement for this part. 1260.310 Program income.

Subpart 4-Research Grant and Cooperative

Agreement Provisions

PART 1260—GRANTS AND COOPERATIVE AGREEMENTS

1260.400 General. 1260.401 Technical reports and publica

tions. 1260.402 Extensions. 1260.403 Revocation and change in princi.

pal investigator. 1260.404 Travel. 1260.405 Allowable costs. 1260.406 Financial management. 1260.408 Equipment and other property. 1260.409 Patent rights-retention by the

grantee. 1260.410 Rights in data. 1260.411 Security. 1260.412 Civil rights. 1260.413 Safety. 1260.414 Subcontracts. 1260.416 Communications. 1260.417 Clean air-water pollution control

acts.

Subpart 1-General

Sec. 1260.100 Purpose. 1260.101 Applicability. 1260.102 Arrangement of part. 1260.103 Contents. 1260.104 Amendment. 1260.105 Dissemination and effective date

of the part and amendments.

Sec. 1260.418 Procurement standards. 1260.419 Additional provision for coopera

tive agreements. 1260.420 Special conditions.

with educational institutions and other nonprofit organizations, under the authority of Pub. L. 97-258 (31 U.S.C. 6301 et seq.). § 1260.101 Applicability.

This part applies to all research grants and cooperative agreements made by NASA with educational insti. tutions and other nonprofit organizations.

Subpart 5-Administration of Research Grants

and Cooperative Agreements 1260.501 General. 1260.502 Instrument. 1260.503 Instrument period. 1260.504 Adherence to original budget esti

mates. 1260.505 Use, disposition, and vesting of

title to research equipment. 1260.506 Revocation. 1260.507 Transfer of grants or cooperative

agreements to other institutions. 1260.508 Delegation of administration. 1260.509 Property management standards. 1260.510 Screening of request for govern

ment-furnished equipment. 1260.511 Standards for grantee's financial

management systems. 1260.512 Procurement standards. 1260.514 Closeout procedures. 1260.515 Novation and change of name

agreements. 1260.516 Foreign travel.

8 1260.102 Arrangement of part.

This part is divided into subparts. Each one deals with a separate aspect of research grants and cooperative agreements, and is further subdivided into sections.

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Subpart 6—Reports 1260.600 General. 1260.601 Individual procurement action

report (NASA Form 507). 1260.602 Committee on academic science

and engineering (CASE) reports. 1260.603 Federal cash transactions report

(SF 272). 1260.604 Annual inventory listing of gov

ernment-owned property. 1260.605 Status and final reports. APPENDIX TO PART 1260-LISTING OF EXHIB

ITS EXHIBIT G-PATENT RIGHTS RETENTION BY

THE GRANTEE (JUNE 1989) AUTHORITY: Pub. L. 97-258, 31 U.S.C. 6301 et seq. SOURCE: 51 FR 2626, Jan. 17, 1986, unless otherwise noted.

8 1260.103 Contents.

(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)

Subpart 1-General

8 1260.100 Purpose.

This Part 1260, issued by the Assistant Administrator for Procurement under authority delegated by the Administrator, establishes for the National Aeronautics and Space Administration (NASA) uniform policies and procedures relating to the negotiation, award, and administration of research grants and cooperative agreements

8 1260.104 Amendment.

and shall be mandatory effective 60 (a) NASA Grant and Cooperative

days thereafter, except as may be othAgreement Handbook Instruction.

erwise prescribed in the Instruction or This handbook will be amended by is

Procurement Information Circular. suance of printed loose-leaf Instruc- (51 FR 2626, Jan. 17, 1986, as amended at 52 tions containing revised or additional FR 12378, Apr. 16, 1987; 54 FR 43050, Oct. pages, sections, or subparts. Each re 20, 1989) vised or new page will bear, at the top, the date and the Instruction number.

8 1260.106 Deviations. Instructions will be numbered con (a) Applicability. A deviation shall secutively. Changes to this part will be be considered to be any of the followpublished in the FEDERAL REGISTER. ing:

(b) Procurement Information Circu. (1) When a prescribed grant or cooplars. Non-regulatory changes to the erative agreement clause is set forth Handbook which require immediate verbatim in this part, use of a clause dissemination may be made by a Pro- covering the same subject matter curement Information Circular, issued which varies from, or has the effect of by Headquarters, Procurement Policy altering, the prescribed clause, or Division, Code HP.

changing its application; (51 FR 2626, Jan. 17, 1986, as amended at 52

(2) When a grant or cooperative FR 12378, Apr. 16, 1987)

agreement clause is set forth in this

part, but not for use verbatim, use of a 8 1260.105 Dissemination and effective clause covering the same subject

date of the part and amendments. matter which is inconsistent with the (a) The NASA Grant and Coopera

intent, principle, and substance of the tive Agreement Handbook and In

part clause or related coverage of the structions will be distributed by Code subject matter; HP directly to NASA Headquarters of

rs of. (3) Omission of any mandatory fices and to installation distribution grant or cooperative agreement clause; points. These NASA elements must (4) When a NASA or other form is inform the Office of Procurement, prescribed by this Handbook, use of NASA Headquarters, Procurement any other form for the same purpose; Policy Division (Code HP) of the num. (5) Alteration of a NASA or other bers of copies required. Requests for

form prescribed in this part, except as additional copies should be sent direct authorized herein; ly to Code HP by Headquarters offices (6) When limitations are imposed by or through installations' distribution this part upon the use of a grant or copoints.

operative agreement clause, form, pro(b) Heads of installations will ensure cedure, or any other grant or cooperathat copies of the NASA Grant and tive agreement action, the imposition Cooperative Agreement Handbook are of lesser or greater limitations; or distributed to all interested activities (7) When a policy, procedure, and individuals within their installa- method, or practice of conducting tion.

grant actions is prescribed in this part, (c) Subscriptions to the NASA Grant any policy, procedure, method, or and Cooperative Agreement Handbook practice inconsistent therewith. and Instructions may be purchased by (8) Creation of a form for grantee private concerns, universities, and in use which constitutes a “Collection of dividuals from the Superintendent of Information” within the meaning of Documents, United States Govern the Paperwork Reduction Act of 1980 ment Printing Office, Washington, DC (44 U.S.C. 35) and its implementation 20402. Instructions are automatically in 5 CFR Part 1320. forwarded to subscribers upon issu. (9) Any other action described elseance.

where in this Handbook as a deviation. (d) Compliance with an amendment (b) Approval of deviations. Devi. to the NASA Grant and Cooperative ations from this Part 1260 will be auAgreement Handbook shall be effec- thorized only when essential to effect tive with the date of issuance thereof, necessary grant or cooperative agree

ment actions or where special circum- and cooperative agreement unless othstances make such deviations clearly erwise indicated. in the best interests of the Govern (a) Administrator. The Administrament. Such deviations will be ap tor or Deputy Administrator of NASA. proved only by the Assistant Adminis (b) Assistant Administrator for Protrator for Procurement or a duly au curement. The head of the Office of thorized representative after review by Procurement, NASA Headquarters Office of General Counsel.

(Code H). (c) Request for Deviations. Requests (c) Basic Research. Systematic, infor authority to deviate from this part tensive study directed toward greater 1260 shall be submitted to the Assist- knowledge or understanding of the ant Administrator for Procurement, subject studies. NASA Headquarters (Code HP). Such (d) Educational Institution. Any inrequests shall be reviewed by local stitution which (1) has a faculty, (2) counsel, signed by the Procurement offers courses of instruction, and (3) is Officer of a field instation (or the Di- authorized to award a degree upon rector of the Division in the case of completion of a specific course of the Headquarters Contracts and study. Grants Division) and shall be submit (e) Equipment. As used in this part, ted as far in advance as exigencies of equipment is another term for nonexthe situation will permit. Each request pendable personal property. for a deviation shall contain as a mini. (1) Government Furnished Equipmum:

ment. Equipment in the possession of, (1) Identification of the part require or acquired directly by, the Government from which a deviation is ment and subsequently delivered or sought;

otherwise made available to a grantee. (2) A full description of the devi. (2) Acquired Equipment. Equipm ation and the circumstances in which purchased or fabricated with grant or it will be used;

cooperative agreement funds by a re(3) A description of the intended

cipient, for the performance of reeffect of the deviation;

search under its grant or cooperative (4) A statement as to whether the

agreement. deviation has been requested previous

(f) Grants officer. A qualified NASA ly, and, if so, circumstances of the pre

employee who has been delegated the vious request.

authority to award and administer (5) The name of the grantee or party

grants and cooperative agreements. to a cooperative agreement and identi

(g) Grant Specialist. Any employee fication of the grant or cooperative

of NASA who is assigned the responsiagreement affected, including the

bility of negotiating with potential dollar value; and

grantees the terms and conditions of (6) Detailed rationale for the re

specific grants and cooperative agreequest, including any pertinent back

ments, and the administration of such ground information that will contrib

grants or cooperative agreements. ute to a fuller understanding of the

(h) NASA. The National Aeronautics deviation sought.

and Space Administration.

(i) Subcontract. A written agreement (51 FR 2626, Jan. 17, 1986, as amended at 54 between a grantee and a third party FR 43050, Oct. 20, 1989)

for the furnishing of services or sup

plies necessary to carry out the re8 1260.107 Definitions.

search under a grant or cooperative As used throughout this Part 1260, agreement. the words and terms defined in this (j) Support. Funding of a research section shall have the meanings set project meeting NASA mission objecforth below, unless the context in tives. which they are used clearly requires a (k) Technical Officer. The official of different meaning, or a different defi. the cognizant NASA program office nition is prescribed for a particular who is responsible for monitoring the subpart or portion thereof. In particu- technical aspects of the work under a lar, the term grant applies to grant grant or cooperative agreement.

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

8 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 (regard. less 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 8 1260.203.) (52 FR 12378, Apr. 16, 1987, as amended at 54 FR 43050, Oct. 20, 1989)

8 1260.110 Grants officer qualifications.

Procurement officers shall (1) establish installation requirements for experience, education, and training of grants officers and (2) develop procedures to ensure that only individuals meeting these requirements are designated as grants officers. (53 FR 38286, Sept. 30, 1988)

Subpart 2—Basic Policies § 1260.200 Authority.

NASA is authorized to award grants and cooperative agreements under Pub. L. 97-258, Money and Finance (63 U.S.C. 6301 et seq.). Pub. L. 97-258 saves the authority of Pub. L. 95-224 (31 U.S.C. 501 et seq.) which, in turn, saved the authority of the original Grants Act” (42 U.S.C. 1891-2), including authorization for vesting title

8 1260.109 Prohibitions.

(a) The negotiation, award, administration and renewal of grants are purposefully intended to be as simple as

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