[Federal Register Volume 63, Number 51 (Tuesday, March 17, 1998)]
[Rules and Regulations]
[Pages 12992-12994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6675]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1274
Miscellaneous Revisions to the NASA Grant and Cooperative
Agreement Handbook, Section D
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The NASA Grant and Cooperative Agreement Handbook regulation
is published in the Code of Federal Regulations. This is a final rule
to amend the Handbook to: require the centers to discuss whether any
special provisions might be needed for a cooperative agreement which
extends over three years or requires a NASA cash contribution of more
than $20M; require that NASA non-cash contributions reflect the total
cost of those contributions; require that a NASA Form 1678 be used to
designate the NASA Technical Officer on cooperative agreements; require
that a new provision be used which summarizes the reports required to
be submitted under the cooperative agreement; and miscellaneous changes
made to conform to the new FAR Part 15.
EFFECTIVE DATE: March 17, 1998.
FOR FURTHER INFORMATION CONTACT: Thomas L. Deback, NASA, Office of
Procurement, Contract Management Division (Code HK), (202) 358-0431.
SUPPLEMENTARY INFORMATION:
Background
The NASA Grant and Cooperative Agreement Handbook is the NASA
regulation for awarding and administering grants and cooperative
agreements (14 CFR Part 1260). Subpart D provides the policy and text
of provisions for cooperative agreements with commercial firms and
addresses NASA's authority, definitions, applicability, amendments,
publications, deviations, pre-award
[[Page 12993]]
requirements and post-award requirements.
Impact
NASA certifies that this regulation will not have a significant
economic impact on a substantial number of small business entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This final
rule does not impose any reporting or recordkeeping requirements
subject to the Paper Reduction Act.
List of Subjects in 14 CFR Part 1274
Grant programs--science and technology.
Tom Luedtke,
Associate Administrator for Procurement.
Accordingly, 14 CFR Part 1274 is amended as follows:
1. The authority citation for 14 CFR Part 1274 continues to read as
follows:
Authority: 42 U.S.C 2473(c)(1).
2. In Sec. 1274.105, paragraph (b)(8) is added to read as follows:
Sec. 1274.105 Approval of Cooperative Agreement Notices (CANs) and
cooperative agreements.
* * * * *
(b) * * *
(8) If the term of the cooperative agreement is anticipated to
exceed 3 years and/or if the Government cash contribution is expected
to exceed $20M, address anticipated changes, if any, to the provisions
(see Sec. 1274.202(f)).
* * * * *
3. In Sec. 1274.202, paragraph (c)(6) is amended by adding three
sentences at the end of the paragraph, and a new paragraph (f) is added
to read as follows:
Sec. 1274.202 Solicitations and proposals.
* * * * *
(c) * * *
(6) * * * The Government's resource share should fully reflect the
total cost of the cash and non-cash contributions. With respect to the
non-cash contribution, a fully burdened cost estimate of personnel,
facilities, and other expenses should be utilized. It is recognized
that this will be an estimate in some cases, but the cost principles in
Section 9091-5 of the NASA Financial Management Manual should be
adhered to.
* * * * *
(f) The provisions set forth in Sec. 1274.901 are generally
considered appropriate for agreements not exceeding 3 years and/or a
Government cash contribution not exceeding $20M. For cooperative
agreements expected to be longer than 3 years and/or involve a
Government cash contribution exceeding $20M, consideration should be
given to provisions which place additional restrictions on the
recipient in terms of validating performance and accounting for funds
expended.
4. In Sec. 1274.204, paragraph (b)(1), the third and last sentences
in paragraph (b)(3), and the last sentence in paragraph (d)(2) are
revised to read as follows:
Sec. 1274.204 Evaluation and selection.
* * * * *
(b) * * * (1) Competitive technical proposal information shall be
protected in accordance with 48 CFR (FAR) 15.207, Handling proposals
and information. Unsolicited proposals shall be protected in accordance
with 48 CFR (FAR) 15.608, Prohibitions, and 48 CFR (FAR) 15.609,
Limited use of data.
* * * * *
(3) * * * The use of outside evaluators shall be approved in
accordance with 48 CFR (NFS) 1815.207-70(b). * * * A cover sheet with
the following legend shall be affixed to data provided to outside
evaluators:
Government Notice for Handling Proposals
This proposal shall be used and disclosed for evaluation
purposes only, and a copy of this Government notice shall be applied
to any reproduction or abstract thereof. Any authorized restrictive
notices which the submitter places on this proposal shall also be
strictly complied with.
* * * * *
(d) * * *
(2) * * * An analysis consistent with 48 CFR (FAR) 15.404-1(c),
15.404-1(c), and 15.404-2 should be performed.
* * * * *
5. In Sec. 1274.301, the following sentence is added at the end of
the paragraph to read as follows:
Sec. 1274.301 Delegation of administration.
* * * NASA Form 1678 will be used to delegate responsibilities to
the NASA Technical Officer.
6. In Sec. 1274.901, the second sentence is revised to read as
follows:
Sec. 1274.901 Other provisions and special conditions.
* * * The provisions at Secs. 1274.902 through Sec. 1274.909 and
the provision at Sec. 1274.933 are to be incorporated in full text
substantially as stated in this part. * * * *
7. Section 1274.933 is added to read as follows:
Sec. 1274.933 Summary of recipient reporting responsibilities.
Summary of Recipient Reporting Responsibilities (DEC 1997)
This cooperative agreement requires the recipient to submit a
number of reports. These reporting requirements are summarized
below. In the event of a conflict between this provision and other
provisions of the cooperative agreement requiring reporting, the
other provisions take precedence.
[The Grants Officer may add/delete reporting requirements as appropriate.]
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Report Frequency Reference
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Report of Joint NASA/Recipient As required........................ 1274.911 Patent Rights (Paragraph
Inventions. (b)(4).
Interim Report of Reportable Every 12 months.................... 1274.912 Patent Reportable Items Rights--
Items. Retention by the Recipient (Large
Business) (Paragraph (e)(3)(i)).
Final Report of Reportable Items. 3 months after completion.......... 1274.912 Patent Rights--Retention by the
Recipient (Large Business) (Paragraph
(e)(3)(ii)).
Disclosure of Subject Inventions. Within 2 months after inventor 1274.912 Patent Rights--Retention by the
discloses it to Recipient. Recipient (Large Business) (Paragraph
(c)(2)) or 1274.913 Patent Rights--
Retention by the Recipient (Small
Business) (Paragraph (c)(1)).
Election of Title Subject 1 year after disclosure of the 1274.913 Patent Rights--Retention by the
Invention. subject invention if a statutory Recipient (Small Business) (Paragraph
bar exists, otherwise within 2 (c)(2)).
years.
Listing of Subject Inventions.... Every 12 months from the date of 1274.913 Patent Rights--Retention by the
the agreement. Recipient (Small Business) (Paragraph
(f)(5)(i)).
Subject Inventions Finall Report. Prior to close-out of the agreement 1274.913 Retention by the Recipient
(Small Business) (Paragraph
(f)(5)(ii)).
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Notification of Decision to 30 days expiration of the response 1274.913 Patent Rights--Retention by the
forego Patent Protection. period. Recipient (Small Business) (Paragraph
(f)(3)).
Notification of a Subcontract Promptly upon award of a 1274.912 Patent Rights--Retention by the
Award. subcontract. Recipient (Large Business) (Paragraph
(g)(3)) or 1274.913 Patent Rights--
Retention by the Recipient (Small
Business) (Paragraph (g)(3)).
Utilization of Subject Invention. Annually........................... 1274.913 Patent Rights--Retention by the
Recipient (Small Business) (Paragraph
(h)).
Notice of Proposed Transfer of Prior to transferring technology to 1274.915 Restrictions on Sale or
Technology. foreign firm or institution. Transfer of Technology to Foreing Firms
or Institutions (Paragraph (b)).
Performance Report............... 60 days prior to the anniversary 1274.921 Publications Reports: Non-
date of the agreement (except Proprietary Research Results (Paragraph
final year). (d)(1)).
Summary of Research.............. 90 days after completion of 1274.921 Publications and Reports: Non-
agreement. Proprietary Research Results (Paragraph
(d)(2)).
Annual Inventory Report.......... Annually by October 31............. 1274.923 Equipment and Other Property
(Paragraph (g)).
Final Inventory Report........... 60 days after expiration date of 1274.923 Equipment and Other Property
agreement. (Paragraph (g)).
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[FR Doc. 98-6675 Filed 3-16-98; 8:45 am]
BILLING CODE 7510-01-P
