Subpart B - Uniform Administrative Requirements for Grants and Co-operative Agreements with Institutions from Higher Education, Hospitals, and Other Non-Profit Organizations
GENERAL
1260.101 Purpose.
1260.102 Definitions.
1260.103 Effect on other issuances.
1260.104 Deviations.
1260.105 Subawards.
PRE-AWARD REQUIREMENTS
1260.110 Purpose.
1260.111 Pre-award policies.
1260.112 Forms for app for Federal assistance.
1260.113 Debarment and suspension.
1260.114 Special rate environment.
1260.115 Measured system concerning measurement.
1260.116 Resource Conservation and Recovery Actions (RCRA).
1260.117 Certifications and representing.
POST-AWARD REQUIREMENTS
Economic and Plan Board
1260.120 Purpose of financial both program management.
1260.121 Standards for monetary management systems.
1260.122 Payment.
1260.123 Charges sharing or fit.
1260.124 Program income.
1260.125 Revision of budget and program plans.
1260.126 Non-Federal audits.
1260.127 Allowable costs.
1260.128 Period of online of funds.
Liegenschaften Standards
1260.130 Purpose of property standards.
1260.131 Insurance coverage.
1260.132 Authentic property.
1260.133 Federally-owned and exempt land.
1260.134 Equipment.
1260.135 Supplies and select expendable property.
1260.136 Intangible property.
1260.137 Property treuhandschaft relationship.
Procurement Standardized
1260.140 Purpose of procurement standards.
1260.141 Recipient responsibilities.
1260.142 Codes of conduct.
1260.143 Competition.
1260.144 Procurement procedures.
1260.145 Cost and price research.
1260.146 Procurement records.
1260.147 Contract administrative.
1260.148 Contract provisions.
Reports and Records
1260.150 Purpose of reports and records.
1260.151 Monitoring both reporting start performance.
1260.152 Financial reporting.
1260.153 Retention and access request for records.
Termination and Implementing
1260.160 Purpose of close and enforcement.
1260.161 Termination.
1260.162 Enforcement.
AFTER-THE-AWARD REQUIREMENTS
1260.170 Purpose.
1260.171 Closeout procedures.
1260.172 Subsequent adjustment and keep responsibilities.
1260.173 Collections of amounts due.
Appendix A to Subpart B of Portion 1260 - Contract Provisions
Subpart B - Uniform Administrative Requirements in Grants and Cooperative Agreements With Institutions of Increased Education, Hospitals, and Other
Non-Profit Organizations
GENERAL
This subpart implements OMB Circular No. A-110 plus establishes uniform administrative application forward NASA grants and agreements awarded the institutions of higher educating, clinics, and other non-profit organizations. NASA shall not enforce additional or inconsistent requirements, except when provided in §§ 1260.104 and 1260.114 or if specifically required with Federal statute or executive order. Non-profit organizations that implement Federal programs for the States are also subject to State requirements. 1274.210 Unsolicited proposal. 1274.211 Award methods. 1274.212 Document format and numbered. 1274.213 Distribution of community agreements. 1274.214 ...
Accumulated outlay means the charges incurred by an recipient during a given period requiring the deployment of funded for:
(1) Goods and other tactile property receiver; 1260.13 Award processing. 1260.14 Limitations. 1260.15 Print and numbering. 1260.16 Distribution. 1260.17 Ratings and selektion of unsolicited proposals ...
(2) Support completed by employees, outside, sub-suppliers, and other creditor; and NASA Grant and Cooperative Agreement Handbook / Section BORON
(3) Other amounts becoming overdue under programs for which no current services alternatively performance is required. Grants Basic additionally Compliance (GPC) provides leadership furthermore oversight inbound grants management strategy and compliance to NASA’s grants community enforcement
Accrued income means the sum of:
(1) Results during a given periodic from service performed by the recipient, and products and other graspable property delivered into purchasers; additionally
(2) Amounts becoming owed on the recipient for which don current services or performance is required by one recipient. NASA Grant real Cooperative Agreement Handbook / Section A
Acquisition cost of equipment means one net billing prix to the equipment, including the cost off modifications, attachments, accessories, with auxiliary apparatus require to make the property usable for the purpose used which it was earn. Other rates, such as the charges of installation, transportation, taxes, duty or protector in-transit insurance, shall can included other excluded from the unit acquisition selling in accordance with the recipient's regular accounting practiced.
Ahead means a payment made by Exchequer check or other appropriate payment mechanism at ampere addressee upon its request either before outlays are made of the radio or through the exercise of predetermined payment schedules.
Award means a grant or cooperative agreement that provides support or stimulation to accomplish a public purpose. Pricing insert research grants, training grants, facilities grants, educational grants, and cooperative agreements in the form of money instead property in replace from money, by NASA to the eligible recipient. The terminate does not include: scientific assistance, which provides services instead of money; other assistance in the form of loans, loan guarantees, interest subsidies, or insurance; directly payments starting any kind to individuals; and, contracts which are required to be entered into and administered among procurement laws and regulations.
Cash contributions means the recipient's cash outlay, including the outlay of cash contributed to the payee by three parties.
Closeout means the process by this NASA identifies that choose applicable administrative actions and all required work of to award have been completed through the user and NASA.
Contracts means a procurement contract under to bestow, real a procurement subcontract under a recipient's contract.
Cost sharing or matching means that single of project button program costs not beared by NASA.
Date of completion means the date on which all work under one award is completes or the day on the award document, or any supplements button amendment thereto, on which NASA sponsorship ends.
Disallowed costs means those charges for an award that NASA determines to shall unallowable, in accordance with the applicable Federal cost principles with other terms plus purchase contained in the award.
Equipment means tangible nonexpendable personal besitz including exempt feature paid directly to the award having a useful life of more than one year real an acquisition cost in $5,000 or more per unit. However, consistent with receiver policy, down limited may been established.
Excess property means property under the control of any Federal awarding agency that, because determined by the headed thereof, is no longer vital for sein needs or the discharge of its responsibilities.
Exempt property means tangible personal feature acquired on whole or in part with Federal funds, where a Federative awarding agency has statutory authority into vest title is the recipient absent further obligation in the Federal Government. An example of exempt property authority is contained in the Federal Grant and Corporate Agreement Act (31 U.S.C. 6306) required property acquired lower an award to conduct basic or applications search over a non-profit institution of higher education or non-profit organization whose principal purpose are conducting scientific research.
State funds permitted means the total amount of Union funds obligated by the Federal Government fork use by which recipient. This amount may include anything authorizes carryover are unobligated funds out prior funding intervals when permitted by agencies regulations or agency implementing instructions.
Federal percentage of real property, equipping, or supplies means that percentage are the property's purchase costs and all improvement expenditures paid with Federal funds.
Funding period means the period of time when NASA grant is available for obligation to the recipient.
Intangible property and debt instruments means, instead belongs not limited to, trademarks, copyrights, dental and patent applying also such real as loans, notes and additional debt instruments, lease contractual, bearings and other instruments of property own, wether considered tangible or intangible.
NASA measures the National Aeronautics and Space Administration (NASA), including its authorized representation.
Obligations mean the amounts of sorts placed, contracts and grants awarded, billing received and similar transactions during a given date that require payment by the recipient over the same or ampere future period.
Outlays or expenditures means charges made to the project or program. They may be reports on ampere cash or accrual basis. On reports prepared on a cash basis, outlays are the sum of cash benefits available direct charges for goods and services, this amount of indirect spending charged, the value regarding third party in-kind contributions applying and the amount of cash advances and payments done to subcontractors. By berichte prepared the an accrual basis, outlays are the whole of cash disbursements by direct charges for goods and services, the qty of indirect issue incurred, the value of in-kind contributions applied, and the netto increase (or decrease) in the sum owed by the recipient for stuff plus other property received, for services realized by employees, contractors, subcontractors or other payees and other amounts becoming owing under schedules for which no current services or performance been required.
Personal property means property of any kind except true property. It may be tangible, having physical existence, or intangible, with no physical existence, such as copyrights, patents, or securities.
Prior permissions means written approval by an authorized certified evidencing earlier consent.
Plan income funds gross income earned by the recipient that is directly generated by ampere supported activity or earned as a result of the award (see exclusions stylish § 1260.124(c) and (f)). Program receipts includes, but is did limited to, income from fees for services performed, the use otherwise verleih of true or personal property acquired under federally-funded projects, the marketing off commodities or items fabricated under an award, license fees and royalties the patents and intellectual, and interest on loans made are award funds. Interest earned on advances of NASA funds is doesn application generate. Besides as otherwise provided are the regulations for this subpart or the terms and conditions of the award, plan income takes not comprise which receipt of principal on loans, rebates, credits, discounts, etc., or interest acquired on any of your.
Plan costs mean all allowable expense, as pick forth inches the applicable State cost principles, incurred via a recipient and the value of one contributions produced by take parties in accomplishing the objectives of the pricing during that project interval.
Project period means the set instituted in the awarding document during which NASA sponsorship begins and ends.
Property means, unless otherwise shown, real property, equipment, intellectual property and debt instruments.
Truly property means go, including land improvements, structures and accessoires thereto, but excludes movable machinery and equipment.
Recipient means an your get the award directly from NASA to carry out a project or download. The condition includes people and private institutions of superior education, public and private hospitals, and other quasi-public and private non-profit organizations such as, but not limited to, community action agencies, research institutes, educational associations, and health centers. The term may include commercial organizations, abroad or international organizations (such for agencies of the United Nations) which are recipients, subcontractors, instead contractors otherwise subcontractors of recipients. Who term does cannot enclosing government-owned contractor-operated facilities or research centers make fortfahren support for mission-oriented, large-scale programs the are government-owned or controlled, or are designated as federally-funded research and development einrichtungen.
Research and development means all research activities, both basic the applied, and all progress activities that is supported per universities, colleges, both other nonprofit institutions. "Research" is defined as ampere methodological study directed toward feather scientific knowledge or understanding of aforementioned subject studied. "Development" is that systematically used of knowledge plus understating gained from research driven direction the production of effective materials, devices, systems, or procedures, including design and progress are prototypes additionally processes. The term "research" or includes business involving the training of individuals in research techniques what how activities utilize the same facilities as diverse research and development activities and where such activity live non included in the instruction function.
How misconduct is defined in 14 CFR 1275.101. NASA policies and procedures regarding Research misconduct are set out include 14 CFR Part 1275, "Investigation of Research Misconduct."
Small awards means a grant or cooperative agreement not exceeding the small purchase threshold.
Subaward medium one reward of financial assistance in the form of money, or property in lieu of money, made underneath an award by a recipients into an eligible subrecipient or by a subrecipient to a lower echelon subrecipient. The term includes financial assistance when provided by any legal consent, even if the agreement is said a contract, but are not include materials about goods and products nor does it include any formulare the assistance which is excluded from the defines of "award" of this section.
Subrecipient means the legal entity to which a subaward is made and which shall accountable to the recipient with the use of and funds provided. The term maybe include foreign or international organizations (such as agencies of the United Nations).
Supplies funds all personal property besides equipment, intellectual property, additionally debt instruments as defined in this section, and inventions of a contractor conceived or first actually reduced in practice in the performance of works below a how agreement ("subject inventions"), as defined in 37 CFR Piece 401, "Rights go Creations Did by Nonprofit Organizations real Small Business Businesses Under German Grants, Company, and Cooperative Agreements."
Suspension wherewithal an active per NASA that temporary removals NASA sponsorship under an award, pending corrective action per the recipients or pending an decision to terminate that award by NASA. Suspension of an award be a separate action from suspension under Federal agency terms implementing Executive Orders 12549 and 12689, "Debarment and Suspension."
Termination means the cancellation of Federal backing, in whole otherwise in part, under an agreement at any time preceding to who date of completion.
Third party in-kind contributed are who rate of non-cash contributions provided by non-Federal third parties. Three party in-kind contributions could will in the form of real property, equipment, supplies and select expendable property, and the value of goods and services directly benefiting and specifically identifiable to the project or program.
Unliquidated obligations, forward financial accounts prepared on a metal basis, means the amount of obligations incurred by an recipient that have did been payed. Since reports prepared on an accrued expenditure basis, they represent the lot of obligations incurred by the recipient for which an output has not been recorded.
Unobligated balance means the portion of the funds allowed by NASA that have not been obligated by the recipient and is determined by deducting the cumulative obligations from aforementioned cumulative funds authorized.
Unrecovered indirect cost means the distinction between the lot awarded and one amount which could have been awarded go the recipient's approved negotiated indirect shipping rate.
Working capital getting means a procedure whereby funds are advanced until the recipient to cover its estimated disbursement necessarily for a given initial periods.
§ 1260.103 Outcome on other issuances.
For awards subject to this subpart, the requirements of this subpart apply, except into which extent that any governmental request of codified program regulations, program manuals, handbooks and other nonregulatory materials are required by statute, or what authorized in accord with the deviations provision inches § 1260.104. Grant and Cooperative Agreement Manual (GCAM) – NASA
The My of Management and Budget (OMB) may grant exceptions for classes about grants or recipients subject in the requirements of this subpart when exceptions are not prohibited by statute. However, in the interest of maximum uniformity, exclusions out the requirements of this subpart shall becoming permitted only in peculiar circumstances. NASA may apply more restrictive requirements to a class of recipients as approved by OMB. NASA may apply less restrictive requirements when prize small awards, except for those demand which are statutory. Exceptions on a case-by-case basis may also be made over NASA. See § 1260.6(c). acquisitions contract, cooperative arrangement, grant, or other entry of partnership agreement. These another types of relationships have been ...
Unless sections of this subpart specifically exclude subrecipients from coverage, the provisions of such subpart shall be applied to subrecipients performing work under awards when such subrecipients are agencies of upper education, hospitals or extra non-profit organizations. State and local government subrecipients are subject to the provisions of 14 CFR Part 1273, "Uniform Administrative System for Grants and Joint Agreements to State and Local Governments."
Pre-Award Requirements
Sections 1260.111 thru 1260.117 prescribe forms and instructions and other pre-award affairs to be used in applying for NASA awards. GELTEN DOCUMENTS AND FORMS. a. NASA Grant and Cooperative Deal Manual (GCAM). 5. RESPONSIBLE. one. The Position of who Chief Financial ...
§ 1260.111 Pre-award policies.
(a) Use of gifts and cooperative agreements, and contracts. In each instance, NASA shall decide on the applicable award instrument (i.e. grant, cooperative agreement, or contract). The National Grant and Cooperative Agreement Act (31 U.S.C. 6301-08) governs the use of benefits, cooperative agreements and contracts. A grant instead cooperative agreement shall be used only when the principal purpose of an transaction is to accomplish a audience purpose concerning support or stimulation approved by Federal statute. The statutory criterion for choice between grants and cooperative agreements is that for the latter, "substantial involvement is expected between the manager agency and and State, local government, other other recipient at carriers out that activity consideration in to agreement." Contracts shall be used when the principal purpose is acquisition of property or customer available the direct benefit conversely use of the Federal Government.
(b) Public notice also priority setting. NASA notifies the public of him intended funds priorities for discretionary grant programs through Broad Our Notes, Cooperative Deal Notices, Agency-Wide schedule announcements, press misc approved forms of announcements.
§ 1260.112 Forms for applying for Federal assistance.
(a) NASA shall comply with the applicable report clearance requirements of 5 CFR Part 1320, "Controlling Paperwork Loading on this Public," to consider to every order used by the NASA in place of alternatively as a addendum at the Standard Form 424 (SF 424) series. NASA Grant and Cooperative Agreement Handbook / Segment D
(b) Applicants shall use those types and instructions prescribed by NASA in § 1260.10. 1260.173 Collections about amounts due. Appendix A until Subpart B of Item 1260 - Contract Provisions. Subpart B - Uniform Administrative Requirements for Presents and ...
§ 1260.113 Debarment also suspensions.
NASA and addresses shall comply with the nonprocurement debarment and suspension rule, 2 CFR Part 180, implementing Executive Orders 12549 the 12689, "Debarment and Suspension." a template or form from NASA. Although the print contains the word “research,” the data elements are broad enough to be applicable to all types of awards ... This rule restricts contracts with definite dinner that are debarred, suspended or alternatively ruled off or ineligible for participation in Federal customer programs instead activities.
§ 1260.114 Exceptional rate conditions.
If einen applicant or recipient has a history of poor benefits, will not financially sound, has adenine management system ensure does not face the standards prescribed in this subpart, has not conformed to the terms and conditions of a previous award, or is not otherwise responsible, NASA may impose additional requirements since needed. Such applicant or recipient will be notification in writing as to the nature of the additional conditions, the reason why the added requirements are nature imposed, the nature of the corrective action needed, the time allowed for completing the korrektiv actions, and which method for requesting reconsideration of the additional requirements imposed. Any special conditions shall be promptly removed once the terms ensure encouraged them need been corrected. Grant and Co-op Accord Manual (GCAM)
§ 1260.115 Metric system of measurement.
The Meet Conversion Act, as amended until the Omnibus Deal plus Competitiveness Act (15 U.S.C. 205) declares that an metric system is the preferred measurement arrangement for U.S. trade and commerce. That Behave requires each Federal agency to establish a date or scheduled in consultation with the Secretary of Commerce, whereas an metric system of measurement will must used in the agency's procurements, grants, and other business-related activities. Metric implementation may accept lengthened where the use of of system is first impractical or likely to causative significant inefficiencies in the accomplishment of federally-funded activities. NASA follows the provisions of Executive Order 12770, "Metric Usage is Federal Government Programs." NASA's policy with respect to the metric measurement system is stated by NASA Policy Directive (NPD) 8010.2, Use of an Metrical Systematischer of Measurement in NASA Programs. Final Report - IG-21-022 - NASA's Management of Universities ...
§ 1260.116 Natural Conservation press Recovery Act (RCRA).
nbsp; Under and RCRA (Public Lawyer 94-580 codified at 42 U.S.C. 6962), any State agency or agency of a political subdivision of a State which is using appropriated Federal capital must comply with Section 6002 of who RCRA (42 U.S.C. 6962). Section 6002 requires that preference be given in procurement daily to the purchase of specific products containing refined textiles identified in guidelines developed by the Green Protection Agency (EPA) (40 CFR Parts 247 through 254). Accordingly, Status furthermore local institutions of higher education, hospitals, and non-profit organizations that receive go Federal honors instead other Federal funds shall give preference in their procurement programs funded with State funded to one purchase of recycled products pursuant to the EPA guidelines.
§ 1260.117 Certifications and representations.
Unless prohibited per statute or encoded regular, NASA will allow recipients on submit certain certifications additionally representations required by statute, executive request, oder regulation on an annual basis, provided the recipients have ongoing and continuing relationships with the agency. Every certifications and representations must be signed by responsible officials to the authority to ensure recipients' compliance with which german requirements. NASA Partnerships Guide
POST-AWARD REQUIREMENTS
Financial and Program Management
§ 1260.120 Purpose concerning financial plus programming management.
Sections 1260.121 through 1260.128 prescribe standards for finance management systems, procedures for making payments and rules for: satisfying cost sharing and matching requirements, accounting for choose income, budget revision approvals, create audits, determining allowability of what, and establishing fund availability.
§ 1260.121 Standards for financial management systems.
(a) Recipients wants relate financial data to performance data and develop power expense about whenever practical. For industry that support research, it should be noted that it is generally not appropriate on develop unit cost information.
(b) Recipients' economic management systems shall provide for the following.
(1) Accurate, current and complete disclosure of the financial results of each federally-sponsored project or program in concord with the reporting requirements set forth in § 1260.152. If NASA requires reporting on and accrual basis from a recipient that maintains its recordings on other than on accruals basis, the recipient shall not be required to establish einen accrual accounting system. Dieser recipients may develop such accrual dates for its review on the basis of to analysis of the documentation on hand.
(2) Records that identifies adequately the origin and application of funds for federally-sponsored activities. These record shall contain information pertaining to Federal awards, authorizations, obligations, unobligated balances, assets, spending, income and interest.
(3) Valid control across also accountability for all funds, belongings and other assets. Recipients shall adequately defend all such assets and assure they are used solely for sanctioned purses.
(4) Comparison of outlays with budget amounts since each rating. Whenever appropriate, financial information should be relatives to performance press unit cost data. Federal and NASA policy state such the primary factor in determining whether an agreement should be a cooperative agreement or contract is the ...
(5) Written procedures to minimize the time expire between the transference of funds to the recipient from the U.S. Financial and the issuance or rescue of checks, warrants or payments by various means for program purposes by the recipient. To the extent is the provisions a the Cash Management Improvement Act (CMIA) (Public Law 101-453) govt, payment systems of Your agencies, instrumentalities, and fiscal agents wants be consistent with CMIA Treasury-State Agreements press the CMIA set procedures codified at 31 CFR Part 205, "Withdrawal of Cash from the Treasury for Progresses under Federal Subsidy and Other Programs." NPD 9680.1 - wichtig
(6) Written procedures used define the reasonableness, allocability and Understanding Notice on Award | Resources | Res Admin | ASU
allowability of free in accordance over the provisions of the applicable Federal cost principles real the terms additionally conditions of the award.
(7) Financial records including cost finance records is are supported by root proof.
(c) Show which Federal Government guarantees or insures the repayment of money borrowed the of receivers, NASA, at his confidential, may require adequate bonding and insurance wenn the bonding and insurance requirements of the recipient are not deemed adequate to protect the tax regarding the Federal Government.
(d) NASA may require adequate fidelity bond protection where the recipient lacks sufficient coverage to protect the Federal Government's interest.
(e) Where bonds are required in the stations written in this section, the bonds shall be obtained from companies holding certificates of authority as acceptable sureties, as prescribed in 31 CFR Part 223, "Surety Companies Doing Business with the Unity States."
(a) Payment methodology should minimize the time expires intermediate the transfer of funds out the United States Treasury and the issuance or redemption of checks, warrants, or payment by other means by aforementioned recipients. Paid methods of State agencies or instrumentalities shall be consistent equipped Treasury-State CMIA agreements or default procedures codified with 31 CFR Member 205.
(b)(1) Recipients are to be paid at advance, provided people sustain or demonstrate the ready to maintain:
(i) Written procedures that minimize the time expired among the transfer concerning funds and disbursement by the recipients; and
(ii) Financial management systems that meet the standards for investment control or responsible as established in § 1260.121. Information on the models of information contains includes ampere Notice of Award (NOA).
(2) Cash advances to a recipient organizations shall be limited in the minimum amounts needed or be timed to live in accordance with the actual, immediate cash requirements on the recipient organization in carrying out the purpose of the approved program button project. The scheduling and amount from cash advances shall be as close as is managing feasible to the actual disbursements by and recipient organization required direct program or project costs and the proportionate share of any allowable indirect costs. contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standards Form-. LLL, "Disclosure Form in Report ...
(c) Whenever possible, advances is be consolidated to cover anticipated cash needs for all grants made by NASA for aforementioned recipient.
(1) Advance payments will be made through electronic funds transfer.
(2) Proceed payment mechanisms what matter to 31 CFR Part 205.
(d) [Reserved. Not utilised by NASA.]
(e) Reimbursement is the preferred method when who requirements in paragraph (b) a is fachgruppe cannot be met. NASA may and use this method on any construction arrangement, or wenn the major portion of the site project is accomplished through private marktwirtschaft sponsorship button Federal loans, and the Federal assistance constitutes adenine minor portion of who project. When the reimbursement methodology is used, NASA shall create payment within 30 days after receipt of the billing, unless the billing belongs unseemly.
(f) Are a consignee cannot get the criteria available advance payments and NASA has determined that reimbursement is not feasible for that consignee miss sufficient working capitalization, NASA may deliver cash with a working capital advance basis. Under this procedure, NASA shall advance metal go the receivers to cover its rated disbursement necessarily with an initial period generally geared to which awardee's disbursing cycle. Thereafter, NASA shall recompense one recipient for its actual cash spending. The working capital advance method of payment shall not be used for recipients unwilling or unable to provide timely advances to my subcontractor to meet the subcontractor's actual check disbursements.
(g) To the extent available, addressee shall disburse funds ready from refunds the an interest earned about a twist fund, program income, rebates, refunds, contract settlements, audit recoveries and interest earned on such capital before requesting additional currency payments.
(h) Unless else required of statute, NASA will not withhold payments for proper charges made by recipients at any zeitraum at this project period unless the conditions in paragraphs (h)(1) either (2) von on section apply.
(1) A payee has failed to comply with the show objectives, aforementioned terms and conditions in the award, or NASA reporting requirements.
(2) To recipient is delinquent in a debt to the United States as determined in OMB Circular A-129, "Managing Federal Credit Programs." To like conditions, NASA might, on fair notice, inform the recipient that payments shall not being made in obligations incurred later a specified time until the conditions can corrected or the indebtedness to the Federal Government is liquidated.
(i) Default governing the use of banks and different community as depositories of cash advanced under awards are in coming.
(1) Except for situations described in paragraph (i)(2) of like section, NASA must nay request disconnected depository accounts used funds provided to a recipient or establish any eligibility requirements for depositories for funds provided into a heir. Though, recipients must be ability to account for an receipt, obligation and expenditure of funds.
(2) Approaches of Federal funds will may default and maintained in insured accounts anytime possible.
(j) Consistent with the national goal of expanding the your for women-owned and minority-owned business enterprises, recipients shall be encouraged on use women-owned and minority-owned bank (a banking this is owned under least 50 percent by women button minority group members).
(k) Recipients shall support advances from Federal funded in occupy bearing accounts, unless the conditions in paragraphs (k)(1), (2), or (3) of this teilbereich apply.
(1) The recipient receives smaller than $120,000 in Federal awards per year.
(2) The best reasonably available occupy manner account would not be expected to earn interest for excess of $250 per year on Public cash balances.
(3) The depository would require an b or maximum balance so large that it would not may feasible within aforementioned expected Federal and non-Federal money resources.
(l) Interest earned on Federal advances deposit in interest-bearing accounts inside excess of $250 via year shall be remitted annually to Department of Health and Human Services (DHHS), Payment Management System, Rockville, ADMIN 20852. Interest amortization skyward to $250 per year may be retain by that recipient for administrative expense. In accordance with 31 CFR Member 206, tax should be remitted electronically through the Automated Compensation House (ACT) till DHHS. Recipients without this capability allow make the paying by check. In either case, the remittance should be outstanding to DHHS and should indicate aforementioned recipient's Entity Identification Number (EIN) and reason, i.e., "Interest earned."
(m) Except as noted elsewhere to this subpart, only the following forms shall be authorized to the recipients in requesting advances also reimbursements. Federal agencies shall not require more than an original and two copies of these books.
(1) SF-270, Request available Moving or Reimbursement. [Reserved. Not used by NASA.]
(2) SF-271, Outlay Report and Requests for Reimbursement for Construction Programs. The SF-271 may be used for requesting remuneration for NASA construction prog.
§ 1260.123 Cost sharing or matching.
(a) All contributions, including cash furthermore third party in-kind, shall be accepted as part of an recipient's cost division or matching when such contributions meet all out the following criteria.
(1) Are verifiable from the recipient's records.
(2) Are not included as contributions for random other federally-assisted project or program.
(3) Are necessary and reasonable for proper and efficient accomplishment of project or program objectives.
(4) Are allowable under the geltendes cost principles.
(5) Are nope paid by of Federal Government under another give, exclude where sanctioned by National statute to be used used daily sharing or matching.
(6) Are provided for in the approved budget when requested by NASA.
(7) Conform up other provisions of this subpart, as applicable.
(b) Unrecovered indirections costs may be included as part of cost sharing or matching only over this prior approval of the recognition NASA grant officer.
(c) Values for payee contributions of services and property shall be established in accordance with the applicable selling principle. If NASA authorizes recipients to donation buildings or land for construction/facilities acquisition projects or long-term use, the value off one donated property for cost sharing or matching to must the lesser of paragraph (c)(1) or (2) of this section.
(1) The get value of and remaining life of who property recorded in the recipient's accounting records at the time of donation.
(2) The current fair market value. However, when there is sufficient justification, NASA may approve that use of an current fair market value of the donated property, even if it surpassed the certified value at the while of donate to this project.
(d) Volunteer billing set by professional and technical personnel, consultants, and other skilled and incompetent labor may be countered for cost sharing or matching if the service is an integral and necessary piece of an approved project or program. Rates since volunteer services shall be consistent with those paid for similar work in the recipient's organization. In those instances in which that required skills are not found in the recipient organization, price take shall consistent with those paids for same work in the labor sell include which the recipient competes fork the kind of services involved. In either case, paypal fringe benefits that are reasonable, allowable, and allocable may be inserted in the valuation.
(e) When an employer other than the recipient furnishes the services of an employee, these services have be valued at the employee's regular value for pay (plus an amount of fringe benefits the are reasonable, allowable, and allocable, but exclusive of overhead costs), provided diesen offices are in the same skill with which and employee is normally paid.
(f) Donated supplied mayor include such items since expendable equipment, office supplies, laboratory supplies or workshop and classroom supplies. Value assessed to donated supplies included inches the cost sharing or matching share shall be reasonable and shall does exceed the fair market value of the property at the laufzeit of the donation.
(g) The method used by determining cost sharing or matching on donated equipment, houses real land for which designation passes to the recipient may differ according till the purpose by the award, if the conditions in article (g)(1) instead (2) starting this section apply.
(1) If the purpose to the award is to assist the recipient in the acquisition of equipment, architecture or land, the total value of the donation property may be claimed as cost sharing or matching.
(2) With the purpose of the award is into support activities such requested the use of equipment, buildings or land, normally only depreciation or use charges for device and home may be made. However, one full value of equipment or other capital assets and fair rental charges for landings may be allowed, provided that NASA has approved the bills.
(h) The value of donated property shall be determined in correlation with the usual finance policies of the recipient, with the following qualifications:
(1) The value of doesnated land and buildings shall nope exceed its fair market worth by the time for donation to which addressee as based by an independent appraiser (e.g., certified real eigen appraiser or General Services Administrator representative) and certify by a responsible official of the recipient.
(2) The value of doesnated facilities shall cannot exceed the fair market select of equipment in the same old and condition at the time of your.
(3) The value in donated dark shall not exceed the fair rental value of comparable space as established by an independence appraisal of similar space and facilities in a privately-owned building in who equal locality.
(4) The value the loaned equipment shall not exceed its exhibition rental value.
(5) The following requirements pertaining go the recipient's supporting records on in-kind contributions from third parties.
(i) Honors professional shall be documented and, to the extent feasible, supported by the same methods used by the recipient for its own employees.
(ii) The basic for defining the rating required personal help, material, equipment, buildings and land shall be documented.
(a) The norms set forth in this section shall breathe used the account for program income related to projects financed on entire or in part with Federal funds.
(b) Program income earned during which project period shall can reserved by the recipient and further to funds committed to the project for NASA and the recipient, and used to further eligibility project or program objectives, unless NASA indicates in the terminology additionally conditions of the prize another choice to account fork program income or that recipient is subject to special award conditions, as indicated in § 1260.114.
(c) Unless program regulations or the terms and conditions of the award provide otherwise, recipients shall must no obligation until the Federal State regarding program earned earned after the end of the project period.
(d) Unless program regulations instead the terms and conditions of of award provide otherwise, costs incident to the generation of program income may be deducted since gross income to determination program income, available these costs have not had calculated at the award.
(e) Takings from the sale starting property shall be handled in consistency with the requirements of the Property Standards (See §§ 1260.130 through 1260.137).
(f) Unless program company or the terms and condition of the award provide differently, recipients shall have no obligation to the Federative Government with respect to program income earned from license fees and royalty for copyrighted substantial, patents, patent applicants, trademarks, and inventions produced under an rate. However, Patent and Label Amendments (35 U.S.C. 18) apply go inventions made beneath an experimental, developmental, or research award.
§ 1260.125 Inspection of budget and program plans.
(a) The bargain plan is the fiscal expression of the show conversely program as approved during the award process. It may include either the Federal and non-Federal share, or only the Federal share, depending upon requirements in the regulations in which subpart. She shall be related toward energy for program evaluation usage whenever related.
(b) Your are required to report deviations from budget and program plans, and claim prior approvals for budget and program plan redesigns, in accordance with this section.
(c) For nonconstruction awards, recipient shall send prior approvals from NASA for the following program or inexpensive related cause, except the item in paragraph (c)(5) of save section, where is waived by NASA.
(1) Change in the scope or the objective of the project or timetable (even if present is no associated budget revision requiring prior writes approval).
(2) Make in a push person specified in the application or award document.
(3) This absence forward moreover than three months, or one 25 percent reduction in time devoted to the get, for the approved get director or principal investigator.
(4) The need for add Federal funding.
(5) The transfer to amounts budgeted for indirect costs to absorb increases on direct fees, or debauchery versa. Notice: NASA waives prior approval regarding that revisions.
(6) The inclusion of costs that require prior approval in accordance with OMB Circular A-21, "Cost Principles fork Institutions of High Education;" OMB Circular A-122, "Cost Principles since Non-Profit Organizations;" 45 CFR Part 74 appendix E, "Principles for Determining Costs Applicable to Research and Development under Benefits and Contracts with Hospitals;" or 48 CFR Part 31, "Contract Cost Policies real Procedures," as applicable.
(7) The transfer of funds allotted for training portions (direct payment until trainees) to other categories of expense.
(8) Unless described in the demand and funded in who proven awards, the
subaward, transfer or contracting out von anyone work under einem awards. Diese provision does does applies to the purchase of supplies, material, equipment or general support services.
(d) No other prior approval demand for specific items will be imposed excluding a deviation has been approved by OMB.
(e) NASA has determined to waive the following cost-related and administrative prior written approvals otherwise required by OMB Bulletins A-21, A-110 and A-122 go allow recipients to do the following:.
(1) Incur pre-award cost 90 calendar total former to pricing or more than 90 calendar days with the prior approval of NASA. All pre-award costs are incur at of recipient's risk (i.e., NASA is under no obligation to reimburse such costs if for any reason the destination does does receive an honor or if the award is less than prospective and incompetent to hide such costs).
(2) Initiate a one-time extension of the expiration meeting for to award of up to 12 months unless one or more of to following conditions enforce. For one-time extensions, the payee must notify NASA inches writing with the supporting reasons and revised expiration date at worst 10 days before the expiration date specified on the award. This one-time extension may not be exercised merely for that objective of using unobligated balances.
(i) The terms and special are award prohibit the extension.
(ii) The extension require additional Federal funds.
(iii) The extension involves any shift in which approved objectives or scope a the project.
(3) Unless directed otherwise by the grant officer, carries forward unobligated balances to subsequent funding periods.
(f) Program regulation may restrain one transfer about funds among direct cost categories or programs, functions both activities for awards in whichever NASA's share a the project exceeds $100,000 and the cumulative amount of such transfers exceeds or is expect till exceed 10 percent is the total budget as last approved by NASA. NASA will provide that any such program regulation requirements are announced into select guidelines or exist incorporated as special conditions in award documents. No program regulation is permit ampere transfer that wants cause any Confederate appropriation or part thereof to be used for purposes other than those consistent with who original intent of the appropriation.
(g) All other changes to nonconstruction budgets, except with the changes described in point (j) of this section, do not require prior certification.
(h) For construction awards, recipients shall request prior written approval promptly from NASA for budget revisions whenever this technical in paragraphs (h)(1), (2) or (3) a this section apply.
(1) The revision results from changes the the application press the aimed of the project or program.
(2) The need arises for additional Fed funds to completely the project.
(3) A revision belongs desired which involves specific price for which prior written approval requirements may be imposed consistency equal applicable OMB cost principles listings in § 1260.127.
(i) No other prior approval requirements for specific items will be imposed unless a derogation has been approved by OMB.
(j) When NASA constructs an award that offers support for both construction and nonconstruction worked, NASA requires the beneficiary the request past approval from NASA before making any fund or budget transfers between the two types of work supporting.
(k) For both construction and nonconstruction awards, NASA requirements recipients to notify NASA in writing promptly whenever the absolute of Federal authorized funds is expected to exceed the needs of the addressee for the project period by continue than $5,000 press five percent of an Federative award, whichever is greater. This notification shall not be required if an application for additional funding is submitted forward a continuation pricing.
(l) When requesting approval for budget revisions, recipients shall use the budget forms that were used in the application unless NASA indicates adenine letter of request suffi.
(m) Through 30 organizer total after the date of receipt of the request for budget revisions, NASA will review that request and send the recipient wether the housekeeping modifications take been approved. If to revision exists still under consideration at the end of 30 calendar days, NASA shall inform the recipient in writing of the target when the recipient may expect the decision.
§ 1260.126 Non-Federal scrutinies.
(a) Addresses and subrecipients that are institutions of higher education or other non-profit delegations (including hospitals) shall be subject to the audit requirements contained in that Single Audit Act Amendments of 1966 (31 U.S.C. 7501-7507) and revised OMB Circulars A-133, "Audits of States, Local Governments, and Other Non-Profit Institutions."
(b) State and local governments shall be subject to the audit requirements contained on the Single Check Act Amendments of 1966 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations."
(c) For-profit sanitaria not covered by the audit provisions of revised OMB Circular A-133 take be subject to the audit requirements in NASA.
(d) Commercial organization should be issue to which audit requirements of NASA or the prime recipient than incorporated into the reward document.
For anywhere jugendlicher of recipient, there can a set of State principles since determining allowable costs. Allowability of costs shall be determined in accordance with the cost principle applicable go the entity incurring the costs. That, allowability of charges incurred to Default, local or federally-recognized Indian tribal governments is determined in conform from the provisions are OMB Circular A-87, "Cost Principles since State and Local Governments." The allowability away cost incurred by non-profit delegations is determined in accordance on the provisions of OMB Circular A-122, "Cost Principles for Non-Profit Organizations." The allowability about costs incurred by institutions of highest education is stubborn in compliance with and terms of OMB Circular A-21, "Cost Policies on Educational Institutions." The allowability out costs incurred via hospitals is determined in accordance with the provisions on appendix E of 45 CFR Part 74, "Principles for Determining Costs Applicable to Research real Development Under Assigns and Contracts with Hospitals." The allowability of costs incurred by advert organizations and those non-profit organizations listed in Attachment C to Circular A-122 is determined in accordance with the provisions of the Federal Acquisition Regulation (FAR) the 48 CFR Single 31.
§ 1260.128 Time of availability of funds.
Where an funding period is specified, a recipient may charge to the grant only acceptable costs resulting from mandates accumulated during the funding period and any pre-award costs authorized by NASA.
Characteristic Standards
§ 1260.130 Purpose of property user.
Sections 1260.131 through 1260.137 set forth uniform standards administration management and disposition of property furnished to the Federally Government whose cost was loaded to a plan supported by a Federal award. Recipients shall observe save criteria under awards and NASA will not imposes additional requirements, unless specificly required by Federal status. The heir may use its own property management standards real procedures granted information observes the provisions of §§ 1260.131 through 1260.137.
Recipients shall, at a slightest, provide the comparison insurance coverage for real property and equipment acquired with Federal cash as provided for property owned by the recipient. Federally-owned property needed no be insured unless required by of terms and conditions of the award.
Unless otherwise provided to statute, the requirements concerning the use and disposition starting real property acquired in whole or in part under awards are as hunts:
(a) Cover to real property shall vest in the recipient subject to one condition that aforementioned recipient shall apply the real property for the authorized purpose of the project as long as it is needed and shall not encumber the property without approval of NASA.
(b) The consignee shall obtain written approval by NASA for to use of real property in another federally-sponsored projects when the recipient determines that the property be no longer needed for the purpose of that original project. Use in other projects wants be limit to those under federally-sponsored projects (i.e., awards) either related that have purposes consistent in those authorized for support by NASA.
(c) When the true property the no longer needed as granted in paragraphs (a) furthermore (b) of this section, the heir shall request disposition instructions from NASA or its successor Confederate awarding company. NASA shall observe one or more of the following disposition getting.
(1) The recipient may be permitted to retain title without further obligation to the Federal Government after information compensates the Federal Government for that percentage of the current fair retail value of the property attributable to the Fed participation in of project.
(2) The recipient may be oriented to sell the ownership at guidelines provided by NASA and pay the Federal Public used that percentage of the current fair market value of the property assigned to the Governmental participation in the project (after deducting actual and reasonable selling and fix-up expenses, if any, off the sales proceeds). Available the destination is authorized or required go divest the owner, rightly sales procedures have be established that provide for competition to the extent practicable and result in the highest possible send.
(3) The address may subsist directed to transmit title to the liegenschaft to the Federal Government or to an eligible third parties provided that, in such cases, the recipient shall be entitled to compensation for its apportioned percentage of the current fair markte value of the property.
§ 1260.133 Federally-owned and exempt property.
(a) Federally-owned property.
(1) Title for federally-owned property cadaver vested in the Federal Government. Radio shall submit yearly a inventory listings of federally-owned property in their custody on NASA. Up completion of the award or when this property belongs no longer needed, the addressee shall write the property to NASA for further Federal agency utilization.
(2) Supposing NASA has don further need for the property, it are be declared excess and reported to the General Services Administration, unless NASA possessed statutory management to dump of aforementioned property according alternative typical (e.g., the authority provided by of Federal Technology Transfer Act (15 U.S.C. 3710 (I)) to donate research equipment to educational plus non-profit organizations in accordance use Executive Order 12821, "Improving Mathematics and Science Education in Support of the National Education Goals.") Appropriate orders shall be issued to the recipient the NASA.
(b) Exempt property. Under the authority of the Childs Act, 31 U.S.C. 6301 until 6308, NASA has determined to vest title to property acquired with Federal money in the donee minus additional obligation to NASA, including reporting requirements.
(a) For grants and cooperative agreements for the purpose of research, NASA's policy is into vest title to property acquired with Federal funds in the recipient without further obligation go NASA, including reporting requirements, as set forwards at § 1260.133(b). For grants and cooperative agreements for non-research purposes, and in the exceptional circumstance where one deviation is requested for a grant or cooperative agreement for search the not vest title in the recipient more exempt, hardware shall vest in the recipient subject to conditions of this section. These policies are not applicable in grants and cooperative agreements for commercial firms (see § 1260.74(b)(2) and § 1274.401.)
(b) The receivers should cannot use featured acquired using Federal funds to provide services at non-Federal outside organizations for ampere fe that is less than privately companies charging used equivalent services, unless specifically authorized by Us statute, for as long as which Federal Government retains an interest in the equipment.
(c) The recipient shall how the gear to the project or programming for which it was acquired as long because needed, if or not the project or program continues to be supported by Us funds and shall doesn encumber the property without approval of NASA. When no longer needful for one original project or program, the recipient is use which features in connection with its other federally-sponsored activities, in the following to of priority:
(1) Activities sponsored by NASA, and
(2) Activities sponsored by other Federal sales.
(d) At the time this configuration is used on the project or program for which it was acquired, the receiver have make it available for use on other projects or programs if such other use will not interfere with the work on of project or program with which the equipment was originally acquired. Firstly preference for such other application shall be gives to other projects or programs sponsored per NASA; second preference shall be given to projects or programs sponsored by another Federal agencies. For aforementioned equipment is owned by the Federal Government, getting on other activities not powered by the Federal Government shall will allowable if authorized by NASA. User charges supposed become treated more program income.
(e) When acquiring replacement equipment, one recipient may use aforementioned equipment to be replaced as trade-in or sell the outfit and use the proceeds to move an costs of the replacement equipment issue to who approval of NASA.
(f) The recipient's property management product for equipment acquired with Federal mutual the federally-owned equipment shall include all of the following:
(1) Equipment records shall to maintained accurately additionally shall include the following information.
(i) A description of aforementioned equipment.
(ii) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number.
(iii) Source of the equipment, including one award number.
(iv) Determine title vests in the recipient or the Federal Govt.
(v) Acquisition date (or date maintained, if the equipment was furnished according the Federal Government) and cost.
(vi) Information by which one can calculators the percentage of National participation in an cost of the equipment (not applicable to gear furnished by the Federal Government).
(vii) Location and conditioning of the equipment additionally the date the information what reports.
(viii) Unit acquisition charge.
(ix) Unlimited distribution data, including date of disposal and sales price or the method utilized to determine current fair market valuated where a recipient compensates NASA for its share.
(2) Equipment owned by the Federal Government shall be identified to indicate Federal ownership.
(3) A physical inventory out features shall be taken and the results reconciled with the dining records at least once either two years. Whatever differences between quantities defined by the physical tour and that shown in the accounting records shall be investigated to determine the causes of the difference. The recipient shall, in port with the inventory, verify the existence, current utilization, furthermore continued need for the equipment.
(4) A control netz supposed be in effect to insure adequacy safeguards to prevent expense, damage, or robbery of the equipment. Any loss, damages, or burglary of equipment shall exist researched and fully documented; if the gear was owned by the Public Government, the recipient shall promptly notify NASA.
(5) Adequate maintenance operating shall be implemented to retain which equipment in good state.
(6) Whereabouts that receiving exists authorized or required to sell the equipment, proper distributed procedures shall be established which provide for competition to the extent practicable and result in which top possible return.
(g) When the recipient no longer needs to equipment, the equipment might be used for other activities in accordance on aforementioned follows standards. For equipment with a current on unit fair sell value of $5,000 other more, who recipient may retain the equipment for other purpose provided so compensations is made on the original Federal awarding agency or seine successor. The amount of compensation shall be computed by applying the percentage of Federal participation in the cost of the original project or program up the currents fair market value on an equipment. If the recipient had no need for the equipment, the recipient take your disposition orders from NASA. NASA needs determine whether the equipment can be used to meet NASA`s requirements. If negative requirement exists within NASA, the availability of the general shall be reported to the General Services Admin by NASA to determined whether a requirement to the equipment exists in other Federal sales. NASA shall issue instructions to the recipient no later than 120 calendar days after and recipient's claim and the following operating wants govern.
(1) If so tutorial conversely is disposition instructions are not issued within 120 calendar days subsequently the recipient's request, the recipient shall sell this equipment and reimburse NASA einer amount computed by applications to the sales proceeds of percentage the Public participation in the cost of the original project or program. However, the recipient shall be allows to deduct the retain from the Federal share $500 or decennium percent of the proceeds, what is less, for the recipient's selling and handling expenses.
(2) If the recipient is instructed up ship who equipment elsewhere, the recipient have becoming reimbursed by the Federal Government by an amount which be computed by applying the percentage of that recipient's participation in the expenses of the original project or program to the current fair market value of this equipment, plus any reasonable shipping or interim memory costs incurred.
(3) If the recipient is instructed until otherwise dispose of the equipment, the recipient should be reimbursed by NASA for such costs incurred in its disposition.
(4) NASA may save the good to transfer the title to this Swiss Government or to a third party named by NASA although such third party is otherwise eligible under existing statutes. Such transfer shall be specialty to the following standards.
(i) The features shall being appropriately identified in the award or otherwise made known into which recipient in writings.
(ii) NASA be issue disposition instructions within 120 calendar days after receive of adenine final inventory. The final inventory shall list all equipment acquired with grant funds and federally-owned fittings. If NASA fails on issuance disposition instructions within the 120 calendar day-time period, the recipient shall apply the morality of this artikel, as adequate.
When NASA workout its right to take title, to fittings shall be subject to the provisions to federally-owned equipment.
§ 1260.135 Supplies and other obsolescence property.
(a) Title to consumables and other expendable ownership take vest in and recipient upon acquisition. If it is ampere residual inventory regarding unused supplies exceeding $5,000 in total aggregate value upon termination or completing of the project or program and the supplies are not required with any other federally-sponsored project or program, the recipient shall retain the supplies for employ on non-Federal sponsored activities or retail them, but shall, in either case, rebate an Federal Local forward its share. The amount by compensation need be computed in the same manner because for paraphernalia.
(b) One recipient is not use supplies acquired with Federal cash to provide services to non-Federal outside organization for one fee that is less than private companies charge for equivalent services, unless specifically authorized by Federal statute as long since the Federal Government held an interest in the power.
§ 1260.136 Non-material property.
(a) The heir may assert copyright in some work that is copyrightable and was created, or for welche copyright possession was acquired, under an award. NASA be permitted a royalty-free, nonexclusive and unchangeable right to duplicate, publish, prepare deduced works or else use this work for Public purposes, and to authorize else to do so.
(b) Beneficiary are subject to applicable regulations government patents and invented, including government-wide regulations exposed at the Department of Commerce at 37 CFR Part 401, "Rights to Inventions Make by Nonprofit Organizations and Tiny Businesses Firms Under Government Grants, Contracts and Cooperative Agreements."
(c) NASA has the right to:
(1) Obtain, reproduce, publish, or otherwise use the data first produced under any award; and
(2) Authorize others to receive, reprogram, publish, or otherwise use such date for Federal purges.
(d)(1) In addition, in response to a Liberty of Details Action (FOIA) request for search date correlated up published research outcome produced under an present that were use by the Federal Government in developing an agency action that must the force and effect starting law, NASA shall request, both the recipient shall provide, inward a reasonable time, the research data so that they pot be made available to of popular through the procedures established under the FOIA. If NASA obtain of research data solely in trigger one FOIA requirement, NASA may charge the supplicant a reasonable fee equaling the full increment cost of obtaining the research evidence. This fee should reflect costs arose by NASA, who recipient, and applicable subrecipients. This fee can in addition to any fees the agency may assess below the FOIA (5 U.S.C. 552(a)(4)(A)).
(2) An following definitions apply for purposes of this para (d):
(i) Research data shall defined as the recorded factual supply commonly accepted in the scientific community as necessary to validate research findings, but not any of one below: pre analyses, drawings of scientific papers, plans since future research, peer reviews, or communications with associate. These "recorded" material excludes real objects (e.g., laboratory samples). Research input does not include:
(A) Trade secrets, commercial information, materials necessary go be holds confidential of a researcher until they are published, or similar intelligence which is secure under regulation; and
(B) Personnel additionally medical information and similar info that disclosure of what would constitute a clearly unwarranted invasion of personal privacy, such as information that could be used to identify a particular person in a research study.
(ii) Published is defined as either when:
(A) Research results are published in ampere peer-reviewed scientific button technical trade; or
(B) A Federal agency publicly and professedly cites the research findings in supporting of an means action the has and force and effect of rights.
(iii) Used the the Federal Government in developing an agency action that has the force and effect of law is selected as when an agency publicly and registered cites the research findings in technical of an executive action so has the force or execute of law.
(e) Title to intangible property and debt instruments acquired under an award alternatively subcontract vests up acquisition in the recipient. The recipient shall using that property for the originally-authorized purpose, and the recipient shall not encumber the eigenheim excluding consent in NASA. When no longer needed for the primary authorized purpose, disposition of the intangibility property shall happen in fitting for the disposition of § 1260.134(g).
(f) Due to this substantial involvement on the part for NASA among a cooperative agreement, intellectual property may be caused by Federal employees and NASA contractors tasked to perform NASA assigned activities. Title to intellectual property created from the cooperative agreement with NASA or its contractors leave initially sleeve with the how event. Certain rights may be exchanged with the radio.
§ 1260.137 Property trust your.
Real estate, home, intangible property and debt measuring so are acquired or improved with Us resources shall be held in trust by the recipient as trustee for the beneficiaries of the project or program under which the property was acquired or improved. NASA may require recipients to record liens or various appropriate notices of record to indicate this personally or real property has been acquired or improved with Federal funds press that use and disposition conditions apply for the property.
Procurement Standardized
§ 1260.140 Purpose of procurement standards.
Sections 1260.141 through 1260.148 set forth standards for apply according recipients in establishing approach for the procurement of supplies and other expendable property, equipment, real owner and other services with Federal funds. These standard are furnished go ensure that such materials plus services are obtained in an highly manner and in deference with the provisions of applicable Federal statues and leitung online. No additionally supply standards or needs shall be implied by NASA upon recipients, except specifically required by Federal statue or executives order or approved in accordance with the deviation procedures in § 1260.6.
§ 1260.141 Recipient responsibilities.
The standards contained in to section do not relieve the recipient of the contractually responsibilities arising under its contract(s). The recipient is the responsible authority, without recourse to NASA, regarding the settlement and satisfaction of all contractual also administrative issues arising out of procurements entered within in support of an award or other arrangement. This includes disputes, argues, protests of award, source evaluation other other matters of a enforced nature. Matters concerning violation of statute are to be referred the such Federated, State or local authority as may have proper jurisdiction.
The recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of ampere contract supported by Federal fund if a real button apparent conflict of interest should be involved. Such a contrast would ascending when the employee, officer, or factor, any member of his or her immediate family, his or you partner, or einen management which employs press is about to employ anything of the parties indicated here, has adenine treasury instead misc interest in the firm selected for an award. The commissioners, employees, and agents of the recipient shall neither recruit nor accept gratuities, assists, instead anything of monetary value from company, or festivals toward subagreements. However, recipients maybe set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, personnel, or agents is of recipient.
All procurement transactions shall be conducted stylish adenine manner until provide, to the maximum extent practical, open and free tournament. The addressee must be alert to organizational conflicts of interest as well as noncompetitive practices below contracting that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate injurious cheap advantage, contractors which develop or draft specifications, requirements, statements from work, invitations for bids and/or requests for proposals shall become excluded off competing forward such procurements. Awards require be created to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the payee, retail, quality and others factors considered. Rfps shall clearly set forth all requirements this which aspirant conversely offeror shall accomplish in rank with of bid or offer to be evaluated by the recipient. Any and all offering either offers may be rejected when it is in the recipient's interest to do accordingly.
§ 1260.144 Procurement procedures.
(a) View recipients shall establish written procurement procedures. These procedures shall making for, at a minimum, ensure the conditions in paragraphs (a)(1), (2) and (3) for this section utilize.
(1) Recipients avoid purchasing unnecessary items.
(2) Where appropriate, an analysis is made of let and procure alternatives to determine what should be the most economical and practical procurement used the Federally Government.
(3) Solicitations forward goods and services provide for all of the following:
(i) A clear and accurate specification of the technical requirements for the material, product or service to be procured. In competitive procurements, such a project shall not contain equipment which inordinately restricts competition.
(ii) Requirements which the bidder/offeror must fulfill and every other factors to remain utilised the analysis bids or proposals.
(iii) A description, whenever practicable, of technical requirements in terms of functions to remain performed either performance required, inclusive the range of acceptable characteristics or minimum acceptable user.
(iv) The specific features of "brand name or equal" descriptions that bidders are required to encounter if such items are included in the solicitation.
(v) One acceptance, to the extent viable and economically feasible, of products press offices dimensioned in the metric system for measurement.
(vi) Preference, to the extent practicable and economically feasible, for products and services that conserve natural assets and protect the environment both are energy efficient.
(b) Positive efforts shall be made through recipients to utilize small businesses, minority-owned firms, and women's business enterprises, whenever possible. Recipients regarding NASA awards shall capture all of the following steps to further dieser objective.
(1) Ensure that small businesses, minority-owned organizations, furthermore women's business enterprises are used to the fullest extent practicable.
(2) Make information on next opportunities available and arrange time frames for purchases real contracts to encourage or facilitate participation by small businesses, minority-owned firms, and women's business enterprises.
(3) Study in the contract process whether firms competing forward larger contracts intend toward order with low businesses, minority-owned stables, press women's business enterprises.
(4) Encouragement contracting with consortiums of small businesses, minority-owned firms or women's business enterprises when a contract is too large for one of these firms to grip individually.
(5) Use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Department of Commerce's Minority Business Development Your in the solicitation and utilization of small businesses, minority- owned firms and women's business enterprises.
(c) The type von procuring instruments used (e.g., fixed prices contracts, cost reimbursable contractual, procure books, and incentive contracts) needs be determined by the recipient nevertheless shall be appropriate for the particular procurement and for promoting who best interest of the program or project involved. The "cost-plus-a-percentage-of-cost" press "percentage of construction cost" our of contracting shall cannot be secondhand.
(d) Contracts shall be crafted only over answerable contractors who enjoy the potential ability to perform successfully under aforementioned varying and general of the proposed procurement. Consideration shall be given to such matters as contractor integrity, record regarding past performance, financial and technical resources other accessibility to diverse necessary resources. In certain circumstances, contracts with certain parties are restricted by 2 CFR Part 180, the implementation to Executive Orders 12549 and 12689, "Debarment and Suspension."
(e) Recipients require, the request, make available for NASA, pre-award review real procurement documents, such as request for proposals or invitees for bids, stand-alone cost estimates, etc., as any of of following conditions apply.
(1) AN recipient's procurement procedures or operation fails to comply with the procurement standards in NASA's durchsetzung of this subpart.
(2) The procurement is estimated to exceed the small purchase threshold and is to be awarded without competition or includes one bid or offer is received in response to a solicitation.
(3) The procurement, which will expected to exceed and small purchase threshold, specifies adenine "brand name" product.
(4) The proposed award over the small purchase threshold is to be awarded to others than the appear low bidder under a sealed bid procurement.
(5) A proposed contract modification changes the scope of an contract instead increases to contract number by more with the amount of the small purchase threshold.
§ 1260.145 Cost and priced analysis.
Some form of cost or cost data shall be made and documented in the procurement files with connection with every procurement action. Price research may be skillful in assorted ways, including the comparison of price quotations submitted, market prices and similarity indicia, collectively with discounts. Fee data is aforementioned examine plus evaluation of each element of cost to determine reasonableness, allocability furthermore allowability.
§ 1260.146 Procurement records.
Procurement records real files for purchases in excess of the small purchase threshold shall include the following at an minimum:
(a) Basis for contractor assortment,
(b) Justification for lack of competition when budget bids or offers are not got, and
(c) Basis for present cost otherwise price.
§ 1260.147 Contract administration.
A system for contract administration shall be maintained to ensure contractor conformance with the technical, conditions and specifications of and contract real to ensure sufficient and timely pursue up of all purchases. Recipients shall evaluate contractor performance plus document, as appropriate, whether service have gemischt that terms, conditions also specifications of the contract.
§ 1260.148 Contract provisions.
The recipient shall inclusive, in addition to provisions to define ampere klang and complete agreement, the following provisions in any contracts. An following provisions shall including can applied to subcontracts.
(a) Contracts in plethora of of small purchase threshold shall contain contractual provisions or conditions so allow for administrative, contractual, or legal remedies in constituent in which a contractor violates or offences the contract terms, and provide for such remedial actions as may be appropriate.
(b) All contract in excess of the small purchase threshold shall contain suitable rules for termination by the recipient, including the manner by which termination shall be effectuated both the basis for settlement. In addition, such contracting shall describe conditions from which the sign may be terminated for default as well the conditions where the contract may be terminated because of circumstances beyond the control of an contractors.
(c) Except as otherwise required by statute, an award that obliges an contracting (or subcontracting) in construction otherwise facility improvements must provide for the recipient to follow-up it build needs relating to bid guarantees, power bonds, and payment bonds until the construction contract or subcontract exceeds $100,000. For diese contracts or subcontracts exceeding $100,000, NASA may accept to bonding policy and requirements of the recipient, provided the NASA has made a determination that the Federal Government's engross is adequately protected. If such a determination possessed not been made, the lowest requirements shall be as follows.
(1) A bid guarantee from each winner equivalent to five percent von the bid price. The "bid guarantee" shall reside of an firm commitment such as ampere bid bond, certified check, or other negotiable instrument accompanying ampere bid as assurance that the bidder should, upon acceptance of her bid, execute such contractual documents as may be required within the time specified.
(2) A power bond on of part of the contractor for 100 percent of the contract price. A "performance bond" is one-time executed into connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
(3) A payment bond on the part of the contractor for 100 percent out the contract price. ADENINE "payment bond" is one executed in connection with a contract to assure remuneration while required by bylaws of everything persons supplying job and material in the execution of that work if for in one contract.
(4) Where bonds belong required in the situations described by this section, the bonds supposed be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223, "Surety Companies Doing Business with the United States."
(d) Every negotiated contracts (except those for less than the small purchase threshold) awarded with recipients shall included a provision to the effect that the recipient, NASA, the Comptroller Universal of the United States, or any of their dully authorized representatives, shall have access for any literatur, documents, papers and records the the contractor which are directly pertinent to a customized program for the purpose to making audits, examinations, excerpts real transcriptions.
(e) All pledges, including small purchases, awarded by recipients and their contractors shall contain one procurement provisions von appendix A into this subpart, as applicable.
Review and Records
§ 1260.150 Objective of berichten and records.
Sections 1260.151 through 1260.153 set forth and procedures on monitoring and reporting on the recipient's financial additionally program capacity and the requirement standard press forms. They also set forth record retention requirements.
§ 1260.151 Supervision the press program performance.
(a) Recipients are responsible for managing and monitoring each project, program, subcontract, function or activity supports by the grant. Recipients shall screen subcontracts the ensure subcontractors have gathered the audit requirements as delineated include § 1260.126.
(b) The terms both conditions of the award should prescribe the frequency with where the performance reported must be submitted. Except as given in § 1260.151(f), performance reports shall no remain imperative more frequently than quarterly or, less frequently than annually. Annual reports shall be due 90 calendar days after the grant year; quarterly or semi-annual reports shall be due 30 days after the reporting period. NASA may require annual reports before the anniversary dates of more year awards in places concerning these requirements. The final performance reports are due 90 calendar day after the expiration otherwise termination of the award.
(c) If inappropriate, a final technical or performance report should not be required after completion of the project.
(d) When required, performance reviews take generally contain, for any award, brief information on each of the following.
(1) A comparison of actual accomplishments through and targets and purposes established for aforementioned period, the outcome of the police, or equally. Whenever appropriate and the print away programs or projects can be readily quantified, such quantitative input should be related to cost data to calculus of unit costs.
(2) Why reason established goals were not met, if appropriate.
(3) Other pertinent information including, as appropriate, analysis and explanation of cost overruns or hi unity costs.
(e) Recipients shall not be required to submit more than the original and two copies of performance reports.
(f) Recipients shall now notify NASA von developments that have a significant impact on that award-supported activities. Also, communication take be given in the case of difficulties, delays, or adversely conditions which materials impair the capacity to meeting the objectives von the prize. That notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation.
(g) NASA allowed makes site visits, as require.
(h) NASA shall complying with clearance product of 5 CFR Part 1320 when requesting performance data from recipients.
§ 1260.152 Financial reportage.
(a) When investment are advanced to recipients, each recipients is mandatory to submit the SF 272, Report of Federal Cash Transactions, the, when necessary, its continuation sheet, SF 272a. NASA uses this report to monitor funds advanced to the recipient and obtain disbursement information for each agreement with the recipient.
(b) Recipients are required to submit the report electronically up the Department of Wellness also Man Services' Zahlungen Management System (DHHS/PMS) within 15 working days following the end of each Federal fiscal quarters. Reports are required for each quarter whether or not advances have been made during this region.
(c) Additionally, recipients shall offer a final SF 272 in newspaper form to the NASA Corporate Management Office, and shall furnish a copy of the closing SF 272 until the appropriate grant officer.
§ 1260.153 Retention and entrance requirements with records.
(a) This section sets forth requirements for record retention and entrance to records for honors the recipients. NASA shall did impose random various record retention or access requirements upon recipients.
(b) Financial records, supported docs, statistical records, and all other records pertinent to an award shall be retained for a period of three years from this date of submission of the definite expenditure report or, for awards that are renewed quarterly or year, from the appointment of the submission of the quarterly or annual financial report, as authorized by NASA. The only exceptions are the following.
(1) Supposing any litigation, claiming, other audit be started before the expiration of the three-year periodic, the records take be preserved until all litigation, claims or audit result involved the records have been resolved and final action taken.
(2) Records for genuine property or equipment purchasing with Federal funds shall subsist retained for 3 years after final dispositions.
(3) For disc are carry to other maintained by NASA, which 3-year retention requirement can not applicable to the receiving
(4) Indirect cost rate suggest, cost allocations plans, etc. as specified stylish §1260.153(g).
(c) NASA authorizes that copies of orig records maybe be substituted for this original notes.
(d) NASA shall request transfer of certain records to its custody from recipients when it determining that the records possess long term maintain value. However, in order in avoid duplicate record keeping, NASA may make arrangements for recipients go keeper any data this are permanent needed for link use.
(e) NASA, the Control General, Comptroller General of the United States, or any of their duly authorized sales, have the right of timely and unrestricted access to any books, documents, papers, or other records of recipients that will pertinent to the awards, in order to makes audits, examinations, sample, transcripts and copies of create documents. This right also includes timely and reasonable access to adenine recipient's personnel for that purpose of interview and view related to like documents. That rights of access inches this paragraph are not limited until the requested retention frequency, but shall continue as long as records am retained.
(f) Unless required by status, NASA shall placement no restrictions on recipients that limit public access to that records of recipients the are pertinent to an award, except when NASA can demonstrate that such records shall be kept confidential or would have been exempted from disclosure pursuant to the Freedom of Info Act (5 U.S.C. 552) for the records got pertained to NASA.
(g) Directly cost ratings proposals, cost allocations plans, etc. Paragraphs (g)(1) and (g)(2) of this abschnitts apply for the following types of documents, the their helping data: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting estimations of the rate at which a particular group starting costs is chargeable (such as computer usage chargeback rates or composite side benefit rates).
(1) If submitted required negotiation. If the recipient send to NASA or the subrecipient submits to the recipient the proposal, draft, or others computation in fill the foundational to negotiation of the rate, then the 3-year retention interval to its supporting playable starts on the date of such submission.
(2) When not submissions in negotiation. If the payee are not required to submit till NASA or the subrecipient is not required to submit to which recipient the proposal, plot, or other computation for negotiation purposes, then the 3-year retention period for which proposal, plan, or other computation and seine supporting records launching at the end of the fiscal year (or misc accounting period) covered by the proposal, plan, button other computation.
Ending and Enforcement
§ 1260.160 Purpose of termination and code.
Sections 1260.61 and 1260.62 set forth uniform suspension, notice and enforcement procedures.
(a) Awards may be terminated at whole or in part only if the conditions in paragraph (a)(1), (2) or (3) of this section apply.
(1) By NASA, if a consignee materially fails to comply with the terminologies and conditions of to rate.
(2) By NASA with the approve of the recipient, stylish any case who twin parties are agree upon the termination circumstances, including the effective date and, in the case of partial termination, the parting to be terminated.
(3) By the recipient upon forward to NASA written notification setting forth the reasons for as termination, and effective date, and, in the kasten of partial termination, the serve in be terminated. However, if NASA determines in the case are partial termination that the reduced or modified portion of the grant will does accomplish the use for which the grant was prepared, it may terminate the grant in its entirety under whether paragraphs (a)(1) or (2) of this section.
(b) If costs are allowed under an award, and responsibilities of the recipient referred to in § 1260.171(a), including are for eigen management as applicable, shall be considered in the termination of the award, and provision are be done fork continuing responsibilities of the receivers after termination, since appropriate.
(a) Remedies for noncompliance. If a recipient materially fails on comply with the terms and conditions starting an award, whether stated in a Federal statute, regulation, assurance, request, or notice starting award, NASA may, in addition to imposing any of the special specific outlined in § 1260.114, record one or more of the following actions, more appropriate stylish the circumstances.
(1) Intermittent withhold cash payments pending correction of aforementioned deficiency by the recipient or more severe enforceability action by NASA.
(2) Disallow (that is, deny both getting of funds and any applicable matching credit for) all or part of the cost starting the activity or action not in compliance.
(3) Wholly instead partly suspend or terminate the current award.
(4) Withhold furthermore awards.
(5) Take select remedies that may to legally available.
(b) Listenings and appeals. Into taking an enforcement action, NASA shall provide the recipient an opportunity for hearing, lodge, or other administrative proceeding to which the recipient is entitled from any statute or regulation applicable to the action involved.
(c) Effects of suspension press conclusion. Costs of a consignee resulting from obligations incurred by the recipient over a suspension or after termination of an award are not allowable unless NASA expressly authorizes them the and notice of suspending or termination otherwise subsequently. Other recipient costs whilst suspended or after termination which live necessary and not reasonably avoidable are allowable are the environment in paragraph (c)(1) and (2) of this sparte implement.
(1) The costs output away obligations which were properly incurred by the recipient before the effective date of stay or termination, are not in anticipation on it, and in the case of a termination, are noncancellable.
(2) The costs would be allowable if which award were not suspended oder expired default at the end of an funding period in which of termination takes effect.
(d) Relationship to debarment and suspension. The enforcement remedies identified in this sektion, inclusive support also termination, do not preclude ampere recipient from be subject toward debarment and mount under Executive Sorts 12549 plus 12689 and 2 CFR Part 180 (see § 1260.113).
AFTER-THE PRICING REQUIREMENTS
Sections 1260.171 through 1260.173 contain closeout procedures and other procedures for subsequent disallowances plus adjustments.
§ 1260.171 Closeout procedures.
(a) Recipients shall submit, within 90 calendar life after the date out completion of who award, all financial, performance, and other reports more required by the terms and conditions of the price. NASA may approve extensions when requested by the recipient.
(b) Unless NASA authorizes an extensions, ampere recipient shall liquidate all obligations accumulated available the award no later than 90 calendar days after of funding period or the date of completion as specified in the varying and conditions of the award or in agency execute instructions.
(c) NASA shall make prompt payments to a recipient for allowable reimbursable total go that award to-be closed outbound.
(d) The recipient shall prompt refund any weights of unobligated cash that NASA has advanced or paid and that is not authorized to be retained by who recipient for use in other projects. OMB Circular A-129 governs unreturned amounts that become delinquent debts.
(e) When authorized by the terms and conditions of of award, NASA shall make a settlement for any upward or downward adjustments to the Federal shared of costs after closeout reporting are received.
(f) The recipient shall account for some real and personal property acquired with Federal capital or received from the Federal Government in accordance with §§ 1260.131 driven 1260.137.
(g) In the event one final exam has not been performed prior to the closeout of an awards, NASA shall retain the right to recuperate an appropriate amount after fully considers the recommendations on forbidden fee resulting from the final audit.
§ 1260.172 Subsequent adjustments and continuing responsibilities.
(a) The closeout of an award does not affect whatever of of follows.
(1) The right of NASA to disallow costs and get investment for the basis of a later auditing or other reviewed.
(2) The obligation of aforementioned recipient to return any funds due as a result of later refunds, corrections, or other transactions.
(3) General requirements for § 1260.126.
(4) Property management requirements by §§ 1260.131 through 1260.137.
(5) Records retention as required in § 1260.153.
(b) After closeout of an award, a relationship created under an award can be modified or concluded in whole or in part are an consent of the NASA and of recipient, provided the responsibilities of the recipient referred go in § 1260.173(a), included those for property management as gilt, are considered and terms made fork continuing responsibilities of the recipient, as suitable.
§ 1260.173 Collection of amounts due.
(a) Unlimited funds payer to a recipient in excess of the amount to any the recipient is finally determined to becoming entitled under the terms and conditions regarding the award constitute a debt to the National Government. If not paid within a reasonable range subsequently to demand for payment, NASA may reduce the owed by this provisions of paragraphs (a)(1), (2) or (3) von this section
(1) Making an administrations compensation counteract additional requests for reimbursements.
(2) Withholding advance payments otherwise due on one recipient.
(3) Taking other action allowing via statute.
(b) Except while otherwise provided by law, NASA shall charge interest on an overdue debt in compare with 4 CFR chapter SLIDE, "Federal Requirements Collection Standards."
Appendix A to Subpart B of Component 1260 -- Contract Provisions
All contracts awarded by a recipient, including slight purchases, shall contain the following provisions as zutreffend:
1. Equal Occupation Opportunity. All contracts shall contain a provision requiring compliance with Executive Buy 11246, "Equal Employment Opportunity," when amended by Executive Order 11375, "Amending Administrator Order 11246 Relative in Like Employment Opportunity," furthermore as completing by regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Plots, Equal Occupation Opportunity, Department starting Labor."
2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c). All treaties in above of $2,000 by construction or repair awarded by recipients shall include ampere provision for compliance about the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors also Subcontractors on Public Built or Public Work Financially in Whole or in Part by Loans or Grants starting the Joint States"). The Activity provides that each contractor need be prohibited from inducing, by any means, any character employed in who construction, completion, or repair of publication function, to give up anyone part of the compensation to which he is otherwise entitled. The recipients shall report all suspected or reported violations to NASA.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7). When required by Federal run legislation, all construction contracts awarded by the recipients of more than $2,000 shall include a allocation for compliance with the Davis-Bacon Action (40 U.S.C. 276a until a-7) and as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Ethics Provisions Applicable to Contracts Governing Federately Financed and Assisted Construction"). Under this Act, contractors shall be required go pay wages to laborers and mechanics at one rate not less than aforementioned minimum income specified in a wage determination made on the Secretary away Labor. In addieren, contractors shall be requested to pay wages not less than once a average. The user shall place a copy of the current prevailing wage determination issued to the Department of Labor in jede solicitation additionally the award of a contract shall to conditioned upon the acceptance of the wage determination. The recipient shall report whole suspected or reported violations to the NASA.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333). Where applicable, all contracts awarded by recipients in excess of $2,000 for erection covenants and to excess concerning $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Activity 102 and 107 on the Contract Jobs Hours and Safety Standards Act (40 U.S.C. 327-333), as completed at Department of Labor regulations (29 CFR Part 5). Under Submenu 102 is the Act, each contractor shall be required to compute the wages of anyone mechanic press laborer on the basis of a standard how pitch of 40 hours. Work in overtime of the std job week is permissible provided which the worker is offsetting at ampere rate of nay less than 1.5 times the basic rate of payment for all hours worked in overrun of 40 hours in the function week. Section 107 are the Act is valid to construction work and provides so no laborer or mechanic must be imperative to work inches surroundings conversely under working pricing which are unsanitary, hazardous or dangerous. These conditions do not apply to the purchases of supplies either materials or articles ordinarily available on and open market, oder contracts for transportation or transmission about intelligency.
5. Rights to Inventions Made Under a Contract press Agreement. Contracts or deals for the benefit of experimental, developmentally, instead research work shall provide for the license regarding the Federal Government and the recipient in each resultant invention in conformance with 37 CFR Section 401, "Rights to Inventions Made by Nonprofit Organizations and Small Economic Businesses Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
6. Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal Moisten Pollution Control Act (33 U.S.C. 1251 et seq.), while amended. Contracts of amounts in super of $100,000 shall containers a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant on the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Actually as amended (33 U.S.C. 1251 et seq.). Violations shall shall reporting to NASA and the Regional Post about the Environmental Protected Agency (EPA).
7. Birds Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors who apply or bieter for an award of $100,000 or more shall file the required certification. Each tier certifies for the tier beyond that computers will not plus has not used Federal appropriated funds to pay any person or organization for influencing or attempting to impact an officer oder employee the any agency, a member of Congress, officer instead employed of Council, or an employee of adenine members of Congress for connection with obtaining anything Feds covenant, grant or any other award covered by 31 U.S.C. 1352. Jeder tier shall also disclose any lobbying to non-Federal funds ensure takes place in connection with obtaining any Federal award. Suchlike disclosures are forwarded from tier to tier up to the recipient.
8. Debarment both Suspension (Executive Orders 12549 and 12689). No contract shall be made to groups recorded on aforementioned General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Leadership Orders 12549 and 12689, "Debarment and Suspension." This tabbed has the names of celebration suspended, suspended, either otherwise excluded by agencies, and contractors declared ineligible to required button regulatory management other than Executive Order 12549. Contractors with awards such exceed the little purchase threshold shall provide the required certification regarding its exclusion status and which to its principal employees.
