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(b) One copy, plus a copy of the grantee's proposal, will be furnished to the NASA Scientific and Technical Information Facility, P.O. Box 8757, BWI Airport, MD 21240. Attn: Acquisitions.

[51 FR 2626, Jan. 17, 1986, as amended at 54 FR 43051, Oct. 20, 1989]

§ 1260.308 Retention of documents for onsite audit.

NASA's grants, cooperative agreements, and grant supplements designated in § 1260.307 are subject to onsite audit by the General Accounting Office. The original or a signed copy of each document, with supporting data, shall be retained by the installation to be available to the General Accounting Office for audit purposes. Records shall be retained for 3 years after completion.

§ 1260.309 Requirement for this part.

Proper administration of NASA grants and cooperative agreements requires that the recipents have access to this part because the grant provisions incorporate by reference part 1260 material on foreign travel, financial management, equipment and

property, procurement standards and patent rights. Therefore, the following statement shall be included in or accompany letters transmitting grant and cooperative agreement instruments or supplements:

Proper administration of this award requires access to the current edition of the NASA Grant and Cooperative Agreement Handbook (NHB 5100.1), which is referenced in the award provisions. The Handbook, including running changes, is available only on a purchased subscription basis from Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

A subscription price should not be quoted, as it is set by GPO, not NASA and is subject to change.

§ 1260.310 Program income.

For conferences and awards in which there is high potential for the generation of income (other than royalties from patents or copyrights), the following special condition may be used (except with institutions participating

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PROGRAM INCOME (JUNE 1989) Program income shall be retained by the grantee and shall be ***

(Complete the sentence with one of the following phrases, as appropriate:

* added to funds already committed to the project and used to further project objectives.

used to finance the non-Federal share of the program.

*** deducted from the total project costs in determining the net costs on which NASA's share of costs will be based.)

[54 FR 43052, Oct. 20, 1989]

Subpart 4-Research Grant and Cooperative Agreement Provisions § 1260.400

General.

The provisions set forth in this subpart shall be inserted in and made a part of all NASA grants and cooperative agreements subject to this part. Whenever the words "grant" or "Grantee" appear in these provisions, they shall be deemed to include, as appropriate, the words "cooperative agreement" and "recipient of cooperative agreement" respectively.

§ 1260.401 Technical reports and publications.

TECHNICAL REPORTS AND PUBLICATIONS
(APRIL 1984)

(a) All measurement values employed in technical reports prepared under this grant shall be expressed in the International System of Units (SI). Expression in both SI units and customary units is acceptable where the use of SI units alone would obviously impair communications or reduce the usefulness of the report to the primary recipients. When both systems of units are used, SI units are to be stated first and customary units afterwards in parentheses. In each such case, the report shall state which system of units was used for the principal measurements and calculations.

(b) Publication to accomplish widest practicable and appropriate dissemination of research results is encouraged at any time during the course of the investigation. Examples of appropriate media for such dissemination are the learned journals, the proceedings of professional groups, conference presentations, and NASA scientific and technical publications. NASA Grantees may submit the results of their work for publication by whichever media they feel most ap

propriate. Publications and reports prepared under a grant shall contain a statement which acknowledges NASA's support 15 and identifies the grant by number. Submissions for NASA scientific and technical publications shall be accompanied by manuscripts provided initially in draft. Upon agency review and approval, a reproducible #1 copy shall be submitted in the style and format specified by NASA.

(c) Copies of preprints or manuscripts of each publication shall be provided to NASA for information at the time of submission for publication. Prior approval for publication is not required unless security classifi- ' cation is involved or the grant contains special conditions pertinent to publication of results. Should the preprint or manuscript contain a description of a "Subject Invention," such invention is to be disclosed to S NASA as required by the "Patent RightsRetention by Grantee" provision.

(d) Brief, informal Semiannual Status Reports, which shall include concise statements of the research accomplished during the report period, including full bibliographic references to, or abstracts of, publications, shall be submitted. This is a mini- * mum reporting requirement, and Grantees are urged to submit interim reports to publish in the open literature or to present conference papers whenever the research has reached a point where it is logical to summarize the results, a research phase has been completed, or significant new findings are made.

(e) A final technical report will be submitted upon termination of support under a specific grant, whether or not support is continued under another grant number. The final report may be a comprehensive report of all research findings, suitable for printing as a permanent contribution to knowledge, or it may be a brief summary of the entire project. In either case, cumulated bibliographic references to, or abstracts of, all publications issued during the course of the research shall be included.

(f) Status and final technical reports shall have a title page that displays the title of the grant, the type of report, the name of the Principal Investigator, the period covered by the report, the name and address of the Grantee's institution, and the grant number.

(g) Five copies of all preprints, reprints, manuscripts, status and interim reports, and the final technical report shall be submitted to NASA. Three of these copies shall be sent to the NASA Technical Office designated on the cover page of the grant. The remaining two copies, one of which shall be of a quality suitable for microreproduction, shall be sent to: NASA Scientific & Technical Information Facility, P.O. Box 8757, Baltimore/

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Washington International Airport, Maryland 21240.

(h) In the event any status, interim, or final technical report submitted to NASA contains information describing a “Subject Invention" for which the Grantee has elected or may elect title, NASA will use reasonable efforts to delay public release by NASA or publication by NASA in a NASA technical report series, up until 6 months from the date of receipt, in order for a patent application to be filed provided that the Grantee identify the information and the “Subject Invention" to which it relates at the time of submittal.

§ 1260.402 Extensions.

EXTENSIONS (JANUARY 1981)

(a) It is NASA policy to provide maximum possible continuity in funding grant-supported research, and grants may be extended for additional periods of time. Any extension requiring additional funding must be supported by an unsolicited proposal submitted at least 4 months in advance of the expiration date of the grant. The period of performance shown in the grant documents is approximate, but extension for more than 30 days must be requested by application to the Grants Officer and approved in writing.

(b) When a grant is a continuing award or step funded, NASA will, if circumstances permit, make available additional funding to extend the period. The step funding is based on unsolicited proposals received prior to the completion of each year of full support. NASA shall be the sole judge of whether circumstances will permit this increase. This statement of policy should not be taken as a commitment by NASA.

§ 1260.403 Revocation and change in principal investigator.

REVOCATION AND CHANGE IN PRINCIPAL
INVESTIGATOR (AUGUST 1982)

It is a condition of each grant that it may be revoked in whole or in part by NASA after consultation with the Grantee. In the event of revocation, the Grantee shall refund to NASA any unexpended funds that it has received under the grant, except such portion thereof as may be required by the Grantee to meet commitments which had in the judgment of NASA become firm prior to the effective date of revocation and are otherwise appropriate. Significantly reduced availability of the services of the principal investigator(s) named in the grant instrument may be grounds for revocation, unless alternative arrangements are made. The Grantee shall obtain the approval of the NASA Grants Officer to change the principal investigator or to continue the research work during a continuous period in excess of

3 months without the participation of an approved principal investigator.

§ 1260.404 Travel.

TRAVEL (JULY 1984)

(a) Domestic travel is an appropriate charge to research grants, and NASA authorization for specific trips is not required. Expenditures for domestic travel shall not exceed $500 or 25% of the amount allotted for such travel in the approved proposal budget, whichever is greater, without the prior authorization of the NASA Grants Officer.

(b) All foreign travel must be clearly essential to the research effort and must, to be charged to a grant, have the prior approval of the NASA Grants Officer for each specific trip regardless of its inclusion in a proposal budget. Approvals will be made in accordance with the policies and procedures set forth in paragraph 516 of the Grant and Cooperative Agreement Handbook.

§ 1260.405 Allowable costs.

ALLOWABLE COSTS (JULY 1984)

(a) OMB Circular A-21, "Cost Principles for Educational Institutions," OMB Circular A-122, "Cost Principles for Nonprofit Organizations," and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospital and other Nonprofit Organizations," as applicable, govern the allowability of costs chargeable to research sponsored by NASA under Grants and Cooperative Agreements.

(b) Payments to individuals for consultant services under a NASA Grant or Cooperative Agreement shall not exceed the daily equivalent of the maximum rate paid to a GS-18 Federal employee (exclusive of indirect cost, travel, per diem, clerical services, vacation, fringe benefits, and supplies).

§ 1260.406 Financial management.

FINANCIAL MANAGEMENT (APRIL 1987)

(a) Payment. Advance payments by the Letter-of-Credit-Treasury Financial Communications System or Direct Treasury Check method will be made in accordance with procedural instructions furnished to the grantee by the Financial Management Office of the NASA installation which issued the grant. The grantee shall submit Federal Cash Transaction Reports (SF 272) to the aforementioned office within 15 working days following the end of each Federal fiscal quarter, containing current estimates of the cash requirements for each of the four months following the quarter being reported.

(b) Management. The Grantee's financial management system shall meet the standards set forth in paragraph 511 of the NASA Grant and Cooperative Agreement Handbook.

(c) Records. Financial records, supporting documents, statistical records, and all other records (or microfilm copies) pertinent to this grant shall be retained for a period of 3 years, except that (1) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved, and (2) Records for nonexpendable property acquired with grant funds shall be retained for 3 years after its final disposition. The retention period starts from the date of the submission of the final Federal Cash Transactions Report (SF 272). The Administrator of NASA and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any pertinent books, documents, papers, and records of the Grantee and of subrecipients to make audits, examinations, excerpts, and transcripts. All of the foregoing provisions shall apply to any subrecipient performing substantive work under this grant.

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

§ 1260.408 Equipment and other property. EQUIPMENT AND OTHER PROPERTY (MARCH 1981)

(a) NASA research grants permit acquisition of technical property required for the conduct of research. Acquisition of property costing in excess of $1,000 and not included in the approved proposal budget requires the prior approval of the NASA Grants Officer unless the item is merely a different model of an item shown in the approved proposal budget.

(b) NASA grant funds shall not be used to purchase items such as furniture, furnishings, office equipment or other items of a nontechnical nature; exceptions to this require approval of the NASA Grants Officer and must be fully justified as essential to the research under the grant. Under no circumstances shall grant funds be used to acquire land or any interest therein, to acquire or construct facilities, or to procure passenger carrying vehicles.

(c) Title to equipment purchased with grant funds shall vest in the Grantee unless otherwise provided. The Government reserves the right to require transfer to itself title to items purchased at a cost of $1,000 or more. Such reservation is subject to the conditions of paragraph 505 of the NASA Grant and Cooperative Agreement Handbook.

(d) Title to Government-furnished property (including equipment, title to which has been transferred to the Government pursuant to subparagraph (c) prior to completion of the work) will remain with the Government.

(e) Title to expendable property shall vest in the recipient upon acquisition. If there is a residual inventory of such property exceeding $1,000 in total aggregate fair market value, upon termination or completion of the grant or other agreement, and the property is not needed for any other Federally sponsored project or program, the recipient shall retain the property for use on nonFederally sponsored activities, or sell it, but must in either case, compensate the Federal Government for its share. The amount of compensation shall be computed in accordance with subparagraph 6c, Attachment N to OMB Circular A-110.

(f) The Grantee shall maintain property records and otherwise manage nonexpendable personal property utilized in the performance of this grant in accordance with the provisions of Paragraph 509 of the NASA Grant and Cooperative Agreement Handbook. Grantees will submit annually an inventory listing of Government owned property in their custody to the Grants Officer. Such listings will be as of June 30, will be submitted by July 31, and will reflect the record elements required in Paragraph 509(b)(1) and beginning and ending dollar value totals for the period. Upon completion of the agreement or when the property is no longer needed, the recipient shall notify the Grants Officer, who will provide disposition instructions. The Grants Officer will provide a copy of each annual inventory listing to the NASA installation Financial Management Office upon receipt.

§ 1260.409 Patent rights-retention by the grantee.

PATENT RIGHTS-RETENTION BY THE GRANTEE (APRIL 1984)

(a) The disposition of rights to inventions made in the performance of work under this grant will be made in accordance with Pub. L. 96-517 (94 Stat. 3019, 35 U.S.C. 200 et seq.) and NASA's implementing regulations, Exhibit G. The provisions (clause), entitled "Patent Rights-Retention by the Grantee" is set forth as Exhibit G of the NASA Grant and Cooperative Agreement Handbook, and is hereby made applicable to this Grant. The Grantee shall include an appropriate patent rights provision in accordance with paragraph (g) of Exhibit G in all subcontracts.

(b) All disclosures of Subject Inventions, election of rights, utilization reports, and other reports and information required by the aforementioned "Patent Rights" clause

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81260.412 Civil rights.

CIVIL RIGHTS (OCTOBER 1983)

Work on NASA Grants is subject to the provisions of Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d-1), Title IX of the Education Amendments of 1972 (20 U.S.C. 1680 et seq.), section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and the NASA implementing regulations (14 CFR 1250).

81260.413 Safety.

SAFETY (JANUARY 1981)

(a) The Grantee shall act responsibly in matters of safety and shall take all reasonable safety measures in performing under this grant. The Grantee shall comply with all applicable Federal, State, and local laws relating to safety. The Grantee shall maintain a record of, and will notify the NASA Grants Officer of any accident involving death, disabling injury or substantial loss of property. The Grantee will advise NASA of hazards that come to its attention as a result of the work under the grant through routine status reports furnished in compliance with the Grant.

(b) Where the work under this grant involves flight hardware, the hazardous aspects, if any, of such hardware will be identified, in writing, by the Grantee. Compliance with the provisions of this clause by

subcontractors shall be the responsibility of the Grantee.

§ 1260.414 Subcontracts.

SUBCONTRActs (August 1982)

(a) Approval of subcontracts for the purchase of property or equipment under this grant shall be obtained in accordance with the provision herein entitled "Equipment and other Property." All other subcontracts not provided for in the approved proposal budget require the prior consent of the Grants Officer.

(b) In accordance with the Small Business Amendments, Pub. L. 95-507, small and disadvantaged firms shall be utilized as subcontractors to Grantees to the maximum extent.

§ 1260.416 Communications.

COMMUNICATIONS (JULY 1984)

The Principal Investigator may expect to be contacted by the NASA Technical Officer named on the cover page of the Grant in connection with the research aspects of the work under the grant. Inquiries regarding the research aspects of the grant should be directed to the NASA Technical Officer. However, written or oral communications of an administrative nature, such as approval of foreign travel, property matters, patent matters, extension of the term of the grant, etc., shall be channeled through the Grantee's business office to the Grants Officer, unless otherwise specified by the Grants Officer.

§ 1260.417 Clean air-water pollution control acts.

CLEAN AIR-WATER POLLUTION CONTROL ACTS (JULY 1984)

If this grant or supplement thereto is in excess of $100,000, the Grantee agrees to notify the Grants Officer promptly of the receipt, whether prior or subsequent to the Grantee's acceptance of this grant, of any communication from the Director, Office of Federal Activities, Environmental Protection Agency (EPA), indicating that a facility to be utilized under or in the performance of this grant or any subgrant or subcontract thereunder is under consideration to be listed on the EPA "List of Violating Facilities" published pursuant to 40 CFR 15.20. By acceptance of a Grant in excess of $100,000, the Grantee:

(a) Stipulates that any facility to be utilized thereunder is not listed on the EPA "List of Violating Facilities" as of the date of acceptance;

(b) Agrees to comply with all requirements of section 114 of the Clean Air Act, as

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