Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 54701-54713 [2015-21434]

Agencies

• National Aeronautics and Space Administration

[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Rules and Regulations]
[Pages 54701-54713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21434]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / 
Rules and Regulations

[[Page 54701]]



NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

2 CFR Part 1800

RIN 2700-AE18


Uniform Administrative Requirements, Cost Principles and Audit 
Requirements for Federal Awards

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NASA has adopted as final, with changes, an interim rule to 
implement regulations for Uniform Administrative Requirements, Cost 
Principles and Audit Requirements for Federal Awards.

DATES: Effective: October 13, 2015.

FOR FURTHER INFORMATION CONTACT: Barbara Orlando, NASA, Office of 
Procurement, Contract and Grants Policy Division (Suite 5L34); (202) 
358-3911; email: barbara.j.orlando@nasa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    An interim rule was published on 19 December, 2014 (79 FR 75872) 
implementing the Uniform Administrative Requirements, Cost Principles 
and Audit Requirements for Federal Awards. This part establishes 
policies and procedures for grants and cooperative agreements awarded 
by National Aeronautics and Space Administration (NASA) to non-Federal 
entities, commercial firms (when cost sharing is not required), and 
foreign organizations as allowed by 2 CFR 200.101 Applicability. The 
policies and procedures that recipients must follow are those appearing 
in subparts A through F of 2 CFR part 200 and as supplemented by 2 CFR 
part 1800. For the supplemental guidance, NASA has adopted section 
numbers that correspond to those in the OMB guidance in 2 CFR part 200.

II. Discussion

    No public comments were received. However, upon internal review 
NASA identified some areas that needed changing and/or clarifying. The 
first group of changes were editorial changes to provide clarification. 
NASA added definitions to provide clarity to the various sections of 
this regulation. Notable definition changes occurred as follows:
     Referencing the term ``award'' when referring to both 
grant and cooperative agreement awards.
     Clarifying the roles of the Administrative Grant Officer, 
Grant Officer and NASA Technical Officer. And
     Including definitions of ``original signature'' and 
''prescription.''
    Language was added to 2 CFR 1800.306 clarifying that NASA may 
require matching funds on some research opportunities.
    A second group of changes was made to Appendix B, Terms and 
Conditions. The most substantive changes were to 2 CFR 1800.900, 
1800.906, 1800.907, 1800.909, 1800.918, 1800.923, 1800.924 and 1800.925 
as follows:
     2 CFR 1800.900 was changed by adding clarification that 
State laws supersede the terms and conditions of a grant award; as 
required in the Presidential Memorandum on Preemption.
     2 CFR 1800.906 was changed to assure compliance with laws 
regarding the use of appropriated funds.
     2 CFR 1800.907 was changed to expand the exemption for 
prior approval to include any research grant not just those awarded 
through the Federal Demonstration Partnership.
     2 CFR 1800.909 and 1800.923 were changed to remove 
references to the Federal Acquisition Regulation (FAR) and remove those 
segments that apply to contracts, such as withholding payments, that 
are not applicable to assistance awards.
     2 CFR 1800.918 was changed to clarify flow down 
requirements.
     2 CFR 1800.924 was changed to reflect a new structure for 
reporting to the New Technology Officers. and
     2 CFR 1800.925 Invention Reporting and Rights was 
eliminated since it duplicated parts 2 CFR 1800.902. All subsequent 
sections were renumbered to reflect the elimination of this section.
    NASA determined that the changes implemented with this revision 
will benefit the NASA financial assistance community by reducing 
administrative costs through clarifying ambiguous terms, reducing the 
reporting burden, and eliminating duplicative regulations.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

V. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 104-13) does not apply because 
this final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 2 CFR Part 1800

    Federal financial assistance.

Manuel Quinones,
Federal Register Liaison.
    Accordingly, NASA adopts the interim rule published December 19, 
2014, at 79 FR 75871, as final with the following revision of part 
1800:

PART 1800--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, 
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS

Sec.
1800.1 Authority.
1800.2 Purpose.
1800.3 Applicability.
1800.4 Amendment.
1800.5 Publication.
1800.6 Deviations.

[[Page 54702]]

Subpart A--Acronyms and Definitions
1800.10 Acronyms.
1800.11 Definitions.
Subpart B--Pre-Federal Award Requirements and Contents of Federal 
Awards
1800.208 Certifications and representations.
1800.209 Pre-award costs.
1800.210 Information contained in a Federal award.
Subpart C--Post Federal Award Requirements

Standards for Financial and Program Management

1800.305 Payment.
1800.306 Cost sharing or matching.

Property Standards

1800.312 Federally owned and exempt property.
1800.315 Intangible property.

Remedies for Noncompliance

1800.339 Termination.
1800.400 Policy guide.
    Appendix A to Part 1800--Certifications, Assurances, and 
Representations
    Appendix B to Part 1800--Terms and Conditions

    Authority:  51 U.S.C. 20113 (e), Pub. L. 97-258, 96 Stat. 1003 
(31 U.S.C. 6301 et seq.), and 2 CFR part 200.


Sec.  1800.1  Authority.

    The National Aeronautics and Space Administration (NASA) awards 
grants and cooperative agreements under the authority of 51 U.S.C. 
20113 (e), the National Aeronautics and Space Act. This part 1800 is 
issued under the authority of 51 U.S.C. 20113 (e), Pub. L. 97-258, 96 
Stat. 1003 (31 U.S.C. 6301 et seq.), and 2 CFR part 200.


Sec.  1800.2  Purpose.

    This part adopts the Office of Management and Budget (OMB) guidance 
in subparts A through F of 2 CFR part 200, as supplemented by this 
part, as the NASA policies and procedures for uniform administrative 
requirements, cost principles, and audit requirements for Federal 
awards. It thereby gives regulatory effect for NASA to the OMB guidance 
as supplemented by this part.


Sec.  1800.3  Applicability.

    (a) This part establishes policies and procedures for grants and 
cooperative agreements awarded by NASA to non-Federal entities, 
commercial firms (when cost sharing is not required), and foreign 
organizations as allowed by 2 CFR 200.101 Applicability. The policies 
and procedures that you must follow are those appearing in subparts A 
through F of 2 CFR part 200 and as supplemented by 2 CFR part 1800. For 
supplemental guidance, NASA has adopted section numbers that correspond 
to those in the OMB guidance in 2 CFR part 200.
    (b) Throughout this part, the term ``award'' refers to both 
``grant'' and ``cooperative agreement'' unless otherwise indicated.
    (c) When commercial firms are required to provide cost sharing 
pursuant to 2 CFR 200.306, Cost Sharing, the regulations at 14 CFR part 
1274 apply.
    (d)(1) In general, research with foreign organizations will not be 
conducted through grants or cooperative agreements, but instead will be 
accomplished on a no-exchange-of-funds basis. In these cases, NASA 
enters into agreements undertaking projects of international scientific 
collaboration. NASA policy on performing research with foreign 
organizations on a no-exchange-of-funds basis is set forth at NASA FAR 
Supplement (NFS) 1835.016-70. In rare instances, NASA may enter into an 
international agreement under which funds will be transferred to a 
foreign recipient.
    (2) Grants or cooperative agreements awarded to foreign 
organizations are made on an exceptional basis only. Awards require the 
prior approval of the Headquarters Office of International and 
Interagency Relations and the Headquarters Office of the General 
Counsel. Requests to issue awards to foreign organizations are to be 
coordinated through the Office of Procurement, Program Operations 
Division.


Sec.  1800.4  Amendment.

    This part will be amended by publication of changes in the Federal 
Register. Changes will be issued as final rules.


Sec.  1800.5  Publication.

    The official site for accessing the NASA Grant and Cooperative 
Agreement Regulation, including notices, internal guidance, 
certifications, Grants and Cooperative Agreements Manual and other 
source information is on the internet at https://prod.nais.nasa.gov/pub/pub_library/srba.


Sec.  1800.6  Deviations.

    (a) A deviation is required for any of the following--
    (1) When a prescribed term or condition set forth verbatim in this 
Part 1800 is modified or omitted.
    (2) When a term or condition is set forth in this Part, but not for 
use verbatim, and the Center substitutes a term or condition which is 
inconsistent with the intent, principle, and substance of the term or 
condition.
    (3) When a form prescribed by this Part is altered or another form 
is used in its place.
    (4) When limitations, imposed by this regulation upon the use of an 
award term or condition, form, procedure, or any other award action, 
are changed.
    (5) When a form is created for recipient use that constitutes a 
``Collection of Information'' within the meaning of the Paperwork 
Reduction Act (44 U.S.C. 35) and its implementation in 5 CFR part 1320.
    (b) Requests for authority to deviate from this part shall be 
submitted, by appropriate NASA staff, to the Office of Procurement, 
NASA Headquarters, Program Operations Division. Requests, signed by the 
procurement officer, shall contain the following--
    (1) A full description of the deviation, the circumstances in which 
it will be used, and identification of the requirement from which a 
deviation is sought;
    (2) The rationale for the request, pertinent background 
information, and the intended effect of the deviation;
    (3) The name of the recipient, identification of the award 
affected, and the dollar value;
    (4) A statement as to whether the deviation has been requested 
previously, and, if so, details of that request; and
    (5) A copy of legal counsel's concurrence or comments.
    (c) Where it is necessary to obtain an exception from 2 CFR part 
200, the Program Operations Division will process all necessary 
documents. (See 2 CFR 200.102.)

Subpart A--Acronyms and Definitions


Sec.  1800.10  Acronyms.

The following acronyms are a supplement to the acronyms set forth at 2 
CFR 200.0

ACH Automated Clearing House
AO Announcement of Opportunity
CAN Cooperative Agreement Notice
CFR Code of Federal Regulations
CNSI Classified National Security Information
EPA Environmental Protection Agency
HBCU Historically Black Colleges and Universities
LEP Limited English Proficiency
MI Minority Institutions
MYA Multiple Year Award
NASA National Aeronautics and Space Administration
NFS NASA FAR Supplement
NPR NASA Procedural Requirements
NRA NASA Research Announcement

[[Page 54703]]

NSSC NASA Shared Services Center
OMB Office of Management and Budget
ONR Office of Naval Research
RPPR Research Performance Progress Report
STIP NASA Scientific and Technical Information Program


Sec.  1800.11  Definitions.

    (a) The following definitions are a supplement to the subpart A 
definitions set forth at 2 CFR 200.2 through 200.99.
    Administrative Grant Officer means a Federal employee delegated 
responsibility for award administration; e.g., a NASA Grant Officer who 
has retained award administration responsibilities, or an Office of 
Naval Research (ONR) Grant Officer delegated award administration by a 
NASA Grant Officer.
    Commercial firm means any corporation, trust or other organization 
which is organized primarily for profit.
    Effective date means the date work can begin. This date is the 
beginning of the period of performance and can be earlier or later than 
the date of signature on a basic award. Expenditures made prior to the 
effective date are incurred at the recipient's risk.
    Grant Officer means a Federal employee responsible for the signing 
of the grant award documents.
    Historically Black Colleges and Universities (HBCUs) means 
institutions determined by the Secretary of Education to meet the 
requirements of 34 CFR 608.2 and listed therein.
    Minority Institutions (MIs) means an institution of higher 
education whose enrollment of a single minority or a combination of 
minorities (minority meaning American Indian, Alaskan Native, Black 
(not of Hispanic origin), Hispanic (including persons of Mexican, 
Puerto Rican, Cuban, and Central or South American origin), Pacific 
Islander or other ethnic group under-represented in science and 
engineering.) exceeds 50 percent of the total enrollment.
    NASA Technical Officer means the NASA official responsible for the 
programmatic, scientific, and/or technical aspects of assigned 
applications and awards.
    Original signature means an authorized signature as follows. If the 
system (such as NSPIRS) used to submit required documents allows for 
electronic signatures, then the submission of the documents, by the 
authorized representative of the organization serves as the required 
original signature. If, however, a paper copy submission is required, 
all documents submitted shall be appropriately signed in ink with an 
actual signature by the authorized representative of the organization.
    Prescription is defined as the written instructions, to the Grants 
Officer, for the application of terms and conditions.
    Research misconduct is defined in 14 CFR 1275.101. NASA policies 
and procedures regarding Research misconduct are set out in 14 CFR part 
1275, ``Investigation of Research Misconduct.''
    Summary of research means a document summarizing the results of the 
entire project, which includes bibliographies, abstracts, and lists of 
other media in which the research was discussed. Terms and conditions 
replace the provisions cited in the former Grant Handbook. They may be 
modified as noted in each section.

Subpart B--Pre-Federal Award Requirements and Contents of Federal 
Awards


Sec.  1800.208  Certifications and representations.

    The certifications and representations for NASA may be found at 
Appendix A of this part and https://prod.nais.nasa.gov/pub/pub_library/srba.


Sec.  1800.209  Pre-award costs.

    NASA waives the approval requirement for pre-award costs of 90 days 
or less.


Sec.  1800.210  Information contained in a Federal award.

    The terms and conditions for NASA may be found at Appendix B of 
this part and https://prod.nais.nasa.gov/pub/pub_library/srba.

Subpart C--Post Federal Award Requirements

Standards for Financial and Program Management


Sec.  1800.305  Payment.

    Payments under awards with commercial firms will be made based on 
incurred costs. Standard Form 425 is not required. Commercial firms 
shall not submit invoices more frequently than quarterly. Payments to 
be made on a more frequent basis require the written approval of the 
Grant Officer.


Sec.  1800.306  Cost sharing or matching.

    In some cases NASA research projects require cost sharing/match. 
Where cost sharing/match is required, recipients must secure and 
document matching funds, to receive the Federal award.

Property Standards


Sec.  1800.312  Federally owned and exempt property.

    Under the authority of the Childs Act, 31 U.S.C. 6301 to 6308, NASA 
has determined to vest title to property acquired with Federal funds in 
the recipient without further obligation to NASA, including reporting 
requirements.


Sec.  1800.315  Intangible property.

    Due to the substantial involvement on the part of NASA under a 
cooperative agreement, intellectual property may be produced by Federal 
employees and NASA contractors tasked to perform NASA assigned 
activities. Title to intellectual property created under the 
cooperative agreement by NASA or its contractors will initially vest 
with the creating party or parties. Certain rights may be exchanged 
with the recipient.

Remedies for Noncompliance


Sec.  1800.339  Termination.

    NASA reserves the ability to terminate a Federal award in 
accordance with Sec.  200.338 through Sec.  200.342 and as set forth in 
2 CFR 1800.921.


Sec.  1800.400  Policy guide.

    Payment of fee or profit is consistent with an activity whose 
principal purpose is the acquisition of goods and services for the 
direct benefit or use of the United States Government, rather than an 
activity whose principal purpose is assistance. Therefore, the Grants 
Officer shall use a procurement contract, rather than assistance 
instrument, in all cases where fee or profit is to be paid to the 
recipient of the instrument or the instrument is to be used to carry 
out a program where fee or profit is necessary to achieving program 
objectives. Grants and Cooperative Agreements shall not provide for the 
payment of fee or profit to the recipient.

Appendix A to Part 1800--Certifications, Assurances, and 
Representations

    These Certifications, Assurances, and Representations apply to 
all awards and are required at time of application.
    A.1 Certifications, Assurances, and Representations.
    A.2 Certification of Compliance on Proposal Cover Page.
    A.3 Assurance of Compliance with the National Aeronautics and 
Space Administration Regulations Pursuant to Nondiscrimination in 
Federally Assisted Programs.
    A.4 Certification Regarding Lobbying.
    A.5 Certification Regarding Debarment, Suspension, and Other 
Matters of Responsibility.

[[Page 54704]]

    A.6 Certifications to Implement Restrictions in Appropriations 
Acts.

A.1 Certifications, Assurances, and Representations

    Unless prohibited by statute or codified regulation, NASA will 
allow recipients to submit certain certifications and 
representations required by statute, executive order, or regulation 
on an annual basis, if the recipients have ongoing and continuing 
relationships with the agency. Annual certifications and 
representations shall be signed by responsible officials with the 
authority to ensure recipients' compliance with the pertinent 
requirements. Recipients determine how annual representations affect 
their responsibility to obtain required certifications from pass-
through entities. All Certification required for an application can 
be found at https://prod.nais.nasa.gov/pub/pub_library/srba.

A.2 Certification of Compliance on Proposal Cover Page

    By submitting the proposal identified in the Cover Sheet/
Proposal Summary in response to this Research Announcement, the 
Authorizing Official of the proposing organization (or the 
individual Proposer if there is no proposing organization) as 
identified below--
    (a) Certifies that the statements made in this proposal are true 
and complete to the best of his/her knowledge;
    (b) Agrees to accept the obligation to comply with NASA award 
terms and conditions if an award is made as a result of this 
proposal; and
    (c) Confirms compliance with all applicable terms and 
conditions, rules, and stipulations set forth in the Certifications, 
Assurances, and Representations contained in this NRA or CAN. 
Willful inclusion of false information in this proposal and/or its 
supporting documents, or in reports required under an ensuing award, 
is a criminal offense (U.S. Code, Title 18, Section 1001).

A.3 Assurance of Compliance With the National Aeronautics and Space 
Administration Regulations Pursuant to Nondiscrimination in Federally 
Assisted Programs

    The Organization, corporation, firm, or other organization on 
whose behalf this assurance is made, hereinafter called 
``Applicant''
    ``HEREBY acknowledges and agrees that it must comply (and 
require any subawardees, contractors, successors, transferees, and 
assignees to comply) with applicable provisions of National laws and 
policies prohibiting discrimination, including but not limited to--
    1. Title VI of the Civil Rights Act of 1964, as amended, which 
prohibits recipients of Federal financial assistance from 
discriminating on the basis of race, color, or national origin (42 
U.S.C. 2000d et seq.), as implemented by NASA Title VI regulations, 
14 CFR part 1250. As clarified by Executive Order 13166, Improving 
Access to Services for Persons with Limited English Proficiency, and 
resulting agency guidance, national origin discrimination includes 
discrimination on the basis of limited English proficiency (LEP). To 
ensure compliance with Title VI, the Applicant must take reasonable 
steps to ensure that LEP persons have meaningful access to its 
programs in accordance with NASA Title VI LEP Guidance to Grant 
(Award) Recipients (68 FR 70039). Meaningful access may entail 
providing language assistance services, including oral and written 
translation, where necessary. The Applicant is encouraged to 
consider the need for language services for LEP persons served or 
encountered both in developing budgets and in conducting programs 
and activities. Assistance and information regarding LEP obligations 
may be found at https://www.lep.gov.
    2. Title IX of the Education Amendments of 1972, as amended, 
which prohibits discrimination on the basis of sex in education 
programs or activities (20 U.S.C. 1681 et seq.) as implemented by 
NASA Title IX regulations, 14 CFR part 1253. If the Applicant is an 
educational institution--
    a. The Applicant is required to designate at least one employee 
to serve as its Title IX coordinator (14 CFR 1253.135(a)).
    b. The Applicant is required to notify all of its program 
beneficiaries of the name, office, address, and telephone number of 
the employee(s) designated to serve as the Title IX coordinators (14 
CFR 1253.135(a)).
    c. The Applicant is required to publish internal grievance 
procedures to promptly and equitably resolve complaints alleging 
illegal discrimination in its programs or activities (14 CFR 
1253.135(b).
    d. The Applicant is required to take specific steps to regularly 
and consistently notify program beneficiaries that The Applicant 
does not discriminate in the operation of its programs and 
activities (14 CFR 1253.140).
    3. Section 504 of the Rehabilitation Act of 1973, as amended, 
which prohibits The Applicant from discriminating on the basis of 
disability (29 U.S.C. 794) as implemented by NASA Section 504 
regulations, 14 CFR part 1251.
    a. The Applicant is required to designate at least one employee 
to serve as its Section 504 coordinator (14 CFR 1251.106(a)).
    b. The Applicant is required to notify all its program 
beneficiaries of the name, office, address, and telephone number of 
the employee(s) designated to serve as the Section 504 coordinator 
(14 CFR 1251.106(a)).
    c. The Applicant is required to publish internal grievance 
procedures to promptly and equitably resolve complaints alleging 
illegal discrimination in its programs or activities (14 CFR 
1251.106(b)).
    d. The Applicant is required to take specific steps to regularly 
and consistently notify program beneficiaries that the Applicant 
does not discriminate in the operation of its programs and 
activities (14 CFR 1251.107).
    4. The Age Discrimination Act of 1975, as amended, which 
prohibits the Applicant from discriminating on the basis of age (42 
U.S.C. 6101 et seq.) as implemented by NASA Age Discrimination Act 
regulations, 14 CFR part 1252.
    The Applicant also acknowledges and agrees that it must 
cooperate with any compliance review or complaint investigation 
conducted by NASA and comply (and require any subawardees, 
contractors, successors, transferees, and assignees to comply) with 
applicable terms and conditions governing NASA access to records, 
accounts, documents, information, facilities, and staff. The 
Applicant must keep such records and submit to the responsible NASA 
official or designee timely, complete, and accurate compliance 
reports at such times, and in such form and containing such 
information, as the responsible NASA official or his designee may 
determine to be necessary to ascertain whether the Applicant has 
complied or is complying with relevant obligations and must 
immediately take any measure determined necessary to effectuate this 
agreement. The Applicant must comply with all other reporting, data 
collection, and evaluation requirements, as prescribed by law or 
detailed in program guidance.
    The United States shall have the right to seek judicial 
enforcement of these obligations. This assurance is binding on the 
Applicant, its successors, transferees, and assignees, and the 
person or persons whose signatures appear below are authorized to 
sign on behalf of the Applicant.''
    Under penalty of perjury, the undersigned officials certify that 
they have read and understand their obligations as herein described, 
that the information submitted in conjunction with this document is 
accurate and complete, and that the recipient is in compliance with 
the nondiscrimination requirements set out above.
[End of Assurance]

A.4 Certification Regarding Lobbying

    No Federal appropriated funds have been paid or will be paid, by 
or on behalf of the undersigned, to any person for influencing or 
attempting to influence an officer or employee of any agency, a 
Member of Congress, an officer or employee of Congress, or an 
employee of a Member of Congress in connection with the awarding of 
any Federal contract, the making of any Federal award, the making of 
any Federal loan, the entering into of any cooperative agreement, 
and the extension, continuation, renewal, amendment, or modification 
of any Federal contract, grant, loan, or cooperative agreement.
    If any funds other than Federal appropriated funds have been 
paid or will be paid to any person for influencing or attempting to 
influence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a 
Member of Congress in connection with this Federal contract, grant, 
loan, or cooperative agreement, the undersigned shall complete and 
submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in 
accordance with its instructions. The undersigned shall require that 
the language of this certification be included in the award 
documents for all subawards at all tiers (including subcontracts, 
subgrants, and contracts under grants, loans, and cooperative 
agreements) and that all subrecipients shall certify and disclose 
accordingly. This certification is a material representation of fact 
upon which

[[Page 54705]]

reliance was placed when this transaction was made or entered into. 
Submission of this certification is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 31, 
U.S. Code. Any person who fails to file the required certification 
shall be subject to a civil penalty of not less than $10,000, and 
not more than $100,000 for each such failure.

[End of Certification]

A.5 Certification Regarding Debarment, Suspension, and Other Matters of 
Responsibility

    Pursuant to Executive Order 12549, Debarment and Suspension, and 
implemented at 2 CFR parts 180 and 1880--
    (1) The prospective primary participant certifies to the best of 
its knowledge and belief, that it and its principals--
    (a) Are not presently debarred, suspended, proposed for 
debarment, declared ineligible, or voluntarily excluded from covered 
transactions by any Federal department or agency;
    (b) Have not within a three-year period preceding this proposal 
been convicted of or had a civil judgment rendered against them for 
commission of fraud or a criminal offense in connection with 
obtaining, attempting to obtain, or performing a public (Federal, 
State, or local) transaction or contract under a public transaction; 
violation of Federal or State antitrust statues or commission of 
embezzlement theft, forgery, bribery, falsification or destruction 
of records, making false statements, or receiving stolen property;
    (c) Are not presently indicted for or otherwise criminally or 
civilly charged by a governmental entity (Federal, State or local) 
with commission of any of the offenses enumerated in paragraph 
(1)(b) of this certification; and
    (d) Have not within a three-year period preceding this 
application/proposal had one or more public transactions (Federal, 
State, or local) terminated for cause or default.
    (2) Where the prospective primary participant is unable to 
certify to any of the statements in this certification, such 
prospective participant shall attach an explanation to this 
proposal.

[End of Certification]

A.6 Certifications To Implement Restrictions in Appropriations Acts

    The text of these certifications is found at https://prod.nais.nasa.gov/pub/pub_library/srba.

Appendix B to Part 1800--Terms and Conditions

1800.900 Terms and Conditions.
1800.901 Compliance with OMB Guidance on Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
awards.
1800.902 Technical Publications and Reports.
1800.903 Extensions.
1800.904 Termination and Enforcement.
1800.905 Change in Principal Investigator or Scope.
1800.906 Financial Management.
1800.907 Equipment and Other Property.
1800.908 Patent Rights.
1800.909 Rights in Data.
1800.910 National Security.
1800.911 Nondiscrimination.
1800.912 Clean Air and Water.
1800.913 Investigative Requirements.
1800.914 Travel and Transportation.
1800.915 Safety.
1800.916 Buy American Encouragement.
1800.917 Investigation of Research Misconduct.
1800.918 Allocation of Risk/Liability.
1800.919 Cooperative Agreement.
1800.920 Multiple year Award
1800.921 Incremental Funding.
1800.922 Cost Sharing.
1800.923 New Technology.
1800.924 Designation of New Technology Representative and Patent 
Representative.
1800.925 Equipment and Other Property under Awards with Commercial 
Firms.
1800.926 Listing of Reportable Equipment and Other Property.
1800.927 Invoices and Payments under Awards with Commercial Firms.
1800.928 Electronic Funds Transfer Payment Methods.

1800.900 Terms and Conditions

    (a) Unless otherwise noted in the prescriptive language awards 
with Non-Federal entities shall incorporate by reference the terms 
and conditions set forth in sections Sec. Sec.  1800.901 through 
1800.918 of this appendix. Any of the terms and conditions in 
sections Sec. Sec.  1800.919 through 1800.928 shall be referenced in 
full text. The program office may need to include information 
required for certain terms and conditions to allow for additional 
information, or permit minor modifications. For example, the Grant 
Officer may substitute appropriate sections of Sec.  1800.902, 
Technical Publications and Reports,'' with reporting requirements 
specified by the program office.
    (b) Additional special terms and conditions may be included to 
the extent they are required and are not inconsistent with the other 
terms and conditions in this Appendix B. A deviation in accordance 
with 2 CFR 1800.6 is required before a new term and condition 
inconsistent with the standard terms and conditions can be included 
in an award.
    (c) Whenever the word ``award'' appears in this Appendix, it 
shall be deemed to include, both grants and cooperative agreements, 
as appropriate.
    (d) Terms and conditions for research awards awarded to foreign 
organizations, when approved by Headquarters, will be provided in 
full text. Referenced handbooks, statutes, or other regulations, 
which the recipient may not have access to, must be made available 
when requested by the foreign organization.
    (e) Awards issued by NASA to commercial organizations where cost 
sharing is not required shall incorporate the terms and conditions 
set forth in this appendix.
    (f) Terms and conditions do not supersede state laws.

1800.901 Compliance With OMB Guidance on Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards

    Prescription--This term and condition implements 2 CFR part 200, 
Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal awards herein referred to as the ``OMB 
Uniform Guidance.'' The Grant Officer shall use this term and 
condition in all awards with recipients that are other than 
commercial firms. The Grant Office shall use Alternate 1 for awards 
with commercial firms.

Compliance With OMB Guidance

    This award is subject to the requirements set forth in 2 CFR 
part 200, Uniform Administrative Requirements, Cost Principles, and 
Audit Requirements for Federal awards as adopted by NASA in Part 
1800 of Title 2 of the Code of Federal Regulations. Specific terms 
and conditions set forth in this award document are provided to 
supplement and clarify, not replace, the OMB Uniform Guidance, 
except in circumstances where a waiver from OMB Uniform Guidance 
requirements has been obtained by NASA.

(End of Term and Condition)

Alternate 1

    (a) With the exception of Subpart E and F, this award is subject 
to the requirements set forth in OMB Guidance on Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal awards at 2 CFR Chapter 1, and Chapter II Part 200 as 
adopted by NASA in Part 1800 of Title 2 of the Code of Federal 
Regulations. Specific terms and conditions set forth in this award 
document are provided to supplement and clarify, not replace, the 
Guidance, except in circumstances where a waiver from the OMB 
Uniform Guidance requirements has been obtained by NASA.
    (b) In lieu of Subparts E and F of 2 CFR part 200, the 
expenditure of Government funds by the recipient and the 
allowability of costs recognized as a resource contribution by the 
recipient shall be governed by the FAR cost principles implemented 
by FAR Parts 30, 31, and 48 CFR part 99. (If the recipient is a 
consortium which includes non-commercial firm members, cost 
allowability for those members will be determined by the OMB Uniform 
Guidance at Subpart E and F of 2 CFR 200.)

(End of Term and Condition)

1800.902 Technical Publications and Reports

    Prescription--The Grant Officer shall include on a 
``substantially as'' basis in all awards. The requirements set forth 
under this term and condition may be modified by the Grant Officer 
based on specific report needs for the award.

Technical Publications and Reports

    (a) NASA encourages the widest practicable dissemination of 
research results at any time during the course of the investigation.

[[Page 54706]]

    (1) All information disseminated as a result of the award shall 
contain a statement which acknowledges NASA's support and identifies 
the award by number (e.g., ``the material is based upon work 
supported by NASA under award No(s) XXXXX (as shown on the award 
notice).)
    (2) Except for articles or papers published in scientific, 
technical, or professional journals, the exposition of results from 
NASA supported research should also include the following 
disclaimer-- ``Any opinions, findings, and conclusions or 
recommendations expressed in this material are those of the 
author(s) and do not necessarily reflect the views of the National 
Aeronautics and Space Administration.''
    (3) As a courtesy, any release of a NASA photograph or 
illustration should list NASA first on the credit line followed by 
the name of the Principal Investigator's Institution. As an 
example-- ``Photograph or illustration, figure, etc. courtesy of 
NASA or NASA Center managing the mission or program and the 
Principal Investigator's institution.''
    (b) Reports shall be in the English language, informal in 
nature, and ordinarily not exceed three pages (not counting 
bibliographies, abstracts, and lists of other media). The recipient 
shall submit the following reports--
    (1) A Progress Report for all but the final year of the award. 
Each report is due 60 days before the anniversary date of the award 
and shall briefly describe what was accomplished during the 
reporting period. A term or condition specifying more frequent 
reporting may be required.
    (2) A Summary of Research or Educational Activity Report is due 
within 90 days after the end date for the period of performance, 
regardless of whether or not support is continued under another 
award. This report shall be a comprehensive summary of significant 
accomplishments during the duration of the award.
    (c) Progress Reports, Summaries of Research, and Educational 
Activity Reports shall include the following on the first page:
    (1) Title of the award.
    (2) Type of report.
    (3) Name of the principal investigator.
    (4) Period covered by the report.
    (5) Name and address of the recipient's institution.
    (6) Award number.
    (d) Progress Reports, Summaries of Research, and Educational 
Activity Reports shall be distributed as follows:
    (1) The original report, in both hard copy and electronic 
format, to the Technical Officer.
    (2) One copy to the NASA Technical Officer and New Technology 
Officer with a notice to the Grant Officer, that a report was sent.

(End of Term and Condition)

1800.903 Extensions

    Prescription--The Grant Officer shall include this term and 
condition in all awards except awards with commercial firms. If 
included, minor modifications to the term and condition, such as the 
time frame for cost extensions, is permissible.

Extensions

    (a) It is NASA's policy to provide maximum possible continuity 
in funding award-supported research and educational activities, 
therefore, awards may be extended for additional periods of time 
when necessary to complete work that was part of the original award. 
NASA generally only approves such extensions within funds already 
made available. Any extension that would require additional funding 
must be supported by a proposal submitted at least three months in 
advance of the end date of the period of performance.
    (b) Recipients may extend the expiration date of an award if 
additional time beyond the established end date is required to 
assure adequate completion of the original scope of work within the 
funds already made available. For this purpose, the recipient may 
make a one-time no-cost extension, not to exceed 12 months, prior to 
the established expiration date. Written notification of such an 
extension, with the supporting reasons, must be received by the NASA 
Grant Officer at least ten days prior to the expiration of the 
award. A copy of the extension must also be forwarded to cognizant 
Office of Naval Research (ONR) office, if administration has been 
delegated to ONR. NASA reserves the right to disapprove the 
extension if the requirements set forth at Sec.  200.308(d) (2) are 
not met.
    (c) Requests for approval for all other no-cost extensions must 
be submitted in writing to the NASA Grant Officer. A copy of this 
request must also be forwarded to cognizant Office of Naval Research 
(ONR) office, if administration has been delegated to ONR.

(End of Term and Condition)

1800.904 Termination and Enforcement

    Prescription--This term and condition implements Sec.  200.338 
through Sec.  200.342. The Grant Officer shall include this term and 
condition in all awards.

Termination and Enforcement

    Termination and enforcement conditions of this award are 
specified in Sec.  200.338 through Sec.  200.342.

(End of Term and Condition)

1800.905 Change in Principal Investigator or Scope

    Prescription--The Grant Officer shall include this term and 
condition in all awards.

Change in Principal Investigator or Scope

    (a) The recipient shall obtain the approval of the NASA Grant 
Officer for a change of the Principal Investigator, or for a 
significant absence of the Principal Investigator from the project, 
defined as a three month absence from the program or a 25 percent 
reduction in time devoted to the project. Significantly reduced 
availability of the services of the Principal Investigator(s) named 
in the award instrument could be grounds for termination, unless 
alternative arrangements are made and approved in writing by the 
Grant Officer.
    (b) Prior written approval is required from NASA if there is to 
be a significant change in the objective or scope of the project.

(End of Term and Condition)

1800.906 Financial Management

    Prescription--This term and condition implements Sec.  200.302. 
The Grant Officer shall include this term and condition in all 
awards except when the recipient is a commercial firm.

Financial Management

    (a) Advance payments will be made by the Financial Management 
Office of the NASA Center assigned financial cognizance of the 
award, using the Department of Health and Human Services' Payment 
Management System (DHHS/PMS), in accordance with procedures provided 
to the recipient. The recipient shall submit a Federal Financial 
Report (SF 425), and, when applicable, a Federal Financial Report 
Attachment (SF 425A) electronically to DHHS/PMS within 30 days 
following the end of each Federal fiscal quarter (i.e., December 31, 
March 31, June 30, and September 30).
    (b) In addition, the recipient shall submit a final SF 425 in 
electronic or paper form to NASA within 90 calendar days after the 
end date of the period of performance. The final SF 425 shall 
pertain only to the completed award and shall include total 
disbursements from inception through completion. The report shall be 
marked ``Final.'' The final SF 425 shall be submitted to NASA per 
the Grants and Cooperative Agreement Manual (GCAM) Exhibit E, 
Required Publications and Reports, A copy of the GCAM is located at 
https://prod.nais.nasa.gov/pub/pub_library/srba.
    (c) By signing any report delivered under the award, the 
authorizing official for the recipient certifies to the best of his 
or her knowledge and belief that the report is true, complete, and 
accurate, and the expenditures, disbursements and cash receipts are 
for the purposes and intent set forth in the award documents. The 
authorizing official by signing the report also certified he or she 
is aware that any false, fictitious, or fraudulent information, or 
the omission of any material fact, may subject him or her to 
criminal, civil or administrative penalties for fraud, false 
statements, false claims or otherwise. (U.S. Code, Title 18, Section 
1001 and Title 31 Section 3729-3733 and 3801-3812.)
    (d) Unless otherwise directed by the Grant Officer, any 
unexpended balance of funds which remains at the end of any funding 
period, except the final funding period of the award, may be carried 
over to the next funding period, and may be used to defray costs of 
any funding period of the award. This includes allowing the 
carryover of funds to the second and subsequent years of a multiple 
year award. Unexpended funds from one award may not be carried over 
to a new or different award. This term and condition also applies to 
subawardees/subcontractors performing substantive work under the 
award. NASA reserves the right to remove unexpended balances from 
awards when insufficient efforts have been made by the awardee to 
liquidate funding balances in a timely fashion.

(End of Term and Condition)

[[Page 54707]]

1800.907 Equipment and Other Property

    Prescription--The Grant Officer shall include this term and 
condition in all awards except when recipient is a commercial firm.

Equipment and Other Property

    (a) NASA permits acquisition of special purpose and general 
purpose equipment specifically required for use exclusively for 
research activities.
    (1) Acquisition of special purpose or general purpose equipment 
costing in excess of $5,000 (unless a lower threshold has been 
established by the recipient) and not included in the approved 
proposal budget, requires the prior approval of the NASA Grant 
Officer. Requests to the Grant Officer for the acquisition of 
equipment shall be supported by written documentation setting forth 
the description, purpose, and acquisition value of the equipment, 
and including a written certification that the equipment will be 
used exclusively for research, activities. (A change in the model 
number of a prior approved piece of equipment does not require 
resubmission for that item.) Research awards are exempt from the 
prior approval requirement.
    (2) Special purpose and general purpose equipment costing in 
excess of $5,000 (unless a lower threshold has been established by 
the recipient) acquired by the recipient under an award for the 
purpose of research shall be titled to the recipient as ``exempt'' 
without further obligation to NASA, including reporting of the 
equipment, in accordance with Sec.  200.312(c) and Sec.  1800.312. 
Special purpose or general purpose equipment costing in excess of 
$5,000 (unless a lower threshold has been established by the 
recipient) acquired by the recipient under an award for non-research 
work shall be titled to the recipient in accordance with Sec.  
200.313.
    (3) Special purpose or general purpose equipment acquired by the 
recipient with award funds, valued under $5,000 (unless a lower 
threshold is established by the recipient) are classified as 
``supplies,'' do not require the prior approval of the NASA Grant 
Officer, shall vest in the recipient and will be titled to the 
recipient in accordance with Sec.  200.314.
    (4) Award funds may be expended for the acquisition of land or 
interests therein or for the acquisition and construction of 
facilities only under a facilities award.
    (b) As required the recipient shall submit an annual Inventory 
Report, to be received no later than October 15 of each year, which 
lists all reportable non-exempt equipment and/or Federally owned 
property in its custody as of September 30. Negative responses for 
annual Inventory Reports (when there is no reportable equipment) are 
not required. A Final Inventory Report of Federally Owned Property, 
including equipment where title was taken by the Government, will be 
submitted by the recipient no later than 60 days after the end date 
of the period of performance. Negative responses for Final Inventory 
Reports are required.
    (1) All reports will include the information listed in paragraph 
(d)(1) of Sec.  200.313, Equipment. No specific report form or 
format is required, provided that all necessary information is 
provided.
    (2) The original of each report shall be submitted to the Deputy 
Chief Financial Officer (Finance). Copies shall be furnished to the 
Center Industrial Property Officer and to ONR.

(End of Term and Condition)

1800.908 Patent Rights

    Prescription--The Grant Officer shall include this term and 
condition in all awards, except awards with large businesses.

Patent Rights

    As stated at Sec.  200.315(c), this award is subject to the 
provisions of 37 CFR 401.3(a) which requires use of the standard 
clause set out at 37 CFR 401.14 ``Patent Rights (Small Business 
Firms and Nonprofit Organizations)'' and the following:
    (a) Definitions.
    The words ``contract'' or ``Contractor'' are used in 37 CFR 
401.14. Those words shall be replaced by the words ``award'' or 
``recipient,'' respectively.
    The term ``Federal Agency,'' ``agency,'' or ``funding Federal 
agency'' is used 37 CFR 401.14, the term shall be replaced by the 
term ``NASA.''
    The term ``award,'' as used in this term and condition, means 
any actual or proposed grant, cooperative agreement, understanding, 
or other arrangement, and includes any assignment, substitution of 
parties, subaward, or subcontract executed or entered into 
thereunder.
    (b) The below items are added to the end of paragraph (c) of 37 
CFR 401.14 are as follows:
    ``(5) The recipient may use whatever format is convenient to 
disclose subject invention required in subparagraph (c)(1). NASA 
prefers that the recipient use either the electronic or paper 
version of NASA Form 1679, Disclosure of Invention and New 
Technology (Including Software), to disclose subject inventions. 
Both the electronic and paper version of the NASA Form 1679 may be 
accessed at the electronic New Technology Reporting Web site https://invention.nasa.gov.
    ``(6) In addition to the above, the recipient shall provide the 
New Technology Representative, as designated under term and 
condition ``Designation of New Technology Representative and Patent 
Representative'' at 1800.924 of this award, the following:
    (i) A yearly interim new technology summary report listing any 
subject inventions required to be disclosed during the preceding 
year (or a statement certifying there were none).
    (ii) A final new technology summary report listing all subject 
inventions (or a statement certifying there were none) for the 
entire award period; which report shall be submitted within 90 days 
after the end date for the period of performance within the 
designated system noted within the award document.''
    (c) The below item is added to the end of paragraph (f)(1) of 37 
CFR 401.14 ``Patent Rights'' as follows:
    ``(iii) The recipient shall through employee agreements or other 
suitable recipient policy, require that its employees ``will assign 
and do hereby assign'' to the recipient all right, title and 
interest in any subject invention under this award.''
    (d) The term ``subcontract'' in paragraph (g) of 37 CFR 401.14 
shall include purchase orders.
    (f) The following constitutes paragraph ``(l)'' of in 37 CFR 
404.14--
    ``(l) Communications. A copy of all submissions or requests 
required 37 CFR 401.14, plus a copy of any reports, manuscripts, 
publications or similar material bearing on patent matters, shall be 
sent to the Center Patent Counsel and the NASA Grant Officer in 
addition to any other submission requirements in the award terms and 
conditions (e.g., as specified in this term and condition and in 
term and condition 1800.924 ``Designation of New Technology 
Representative and Patent Representative''). If any reports contain 
information describing a ``subject invention'' for which the 
recipient has elected or may elect to retain title, NASA will use 
reasonable efforts to delay public release by NASA or publication by 
NASA in a NASA technical series until an application filing date has 
been established, provided that the recipient identify the 
information and the ``subject invention'' to which it relates at the 
time of submittal. If required by the Patent Representative or 
requested by the New Technology Representative, as designated under 
1800.924 ``Designation of New Technology Representative and Patent 
Representative,'' the recipient shall provide the filing date, 
serial number and title, a copy of the patent application, and a 
patent number and issue date for any ``subject invention'' in any 
country in which the recipient has applied for patents. 
Additionally, the NASA shall have an irrevocable power to inspect 
and make copies of the patent application file, when a Federal 
Government employee is a co-inventor.''
    (g) NASA Inventions. NASA will use reasonable efforts to report 
inventions made by NASA employees as a consequence of, or which bear 
a direct relation to, the performance of specified NASA activities 
under this agreement and, upon timely request, will use reasonable 
efforts to grant the recipient an exclusive, or partially exclusive, 
revocable, royalty-bearing license, subject to the retention of a 
royalty-free right of the Government to practice or have practiced 
the invention by or on behalf of the Government.
    (h) The recipient agrees, subject to (g)(1) below, that the 
Government may duplicate and disclose subject invention disclosures 
and all other reports and papers furnished or required to be 
furnished pursuant to this term and condition.
    (1) Publishing information concerning an invention before a 
patent application is filed on a subject invention may create a bar 
to a valid patent. To avoid this bar, agencies may withhold 
information from the public that discloses any invention in which 
the Government owns or may own a right, title, or interest 
(including a nonexclusive license) (see 35 U.S.C. 205 and 37 CFR 
part 401). Agencies may only withhold information concerning 
inventions for a reasonable time in order for a patent application 
to be filed. Once filed in any patent office, agencies are not 
required to release copies of any

[[Page 54708]]

document that is a part of a patent application for those subject 
inventions.
    (2) In the event NASA contractors are tasked to perform work in 
support of specified activities under a cooperative agreement and 
inventions are made by contractor employees, the contractor will 
normally retain title to its employee inventions in accordance with 
35 U.S.C. 202, 14 CFR part 1245, and/or Executive Order 12591. In 
the event the contractor decides not to pursue rights to title in 
any such invention and NASA obtains or retains title to such 
inventions, NASA will use reasonable efforts to report such 
inventions and, upon timely request, will use reasonable efforts to 
grant the recipient an exclusive, or partially exclusive, revocable, 
royalty-bearing license, subject to the retention of a royalty-free 
right of the Government to practice or have practiced the invention 
by or on behalf of the Government.

(End of Term and Condition)

1800.909 Rights in Data

    Prescription--The Grant Officer may revise the language under 
this term and condition to modify each party's rights based on the 
particular circumstances of the program and/or the recipient's need 
to protect specific proprietary information. Any modification to the 
standard language set forth under the term and condition requires 
the concurrence of the Center's Patent Counsel and that the term and 
condition be printed in full text.

Rights in Data

    (a) ``Data,'' as used in this term and condition, means recorded 
information, regardless of form, the media on which it may be 
recorded, or the method of recording. The term includes, but is not 
limited to, data of a scientific or technical nature, and any 
copyrightable work, including computer software and documentation 
thereof.
    (b) As to data first produced by recipient in carrying out 
recipient's responsibilities under this award in which the recipient 
asserts copyright, or data for which copyright ownership was 
acquired under the grant, the recipient grants to the Federal 
Government (Government), a royalty-free, nonexclusive and 
irrevocable license to use, reproduce, distribute (including 
distribution by transmission) to the public, perform publicly, 
prepare derivative works, and display publicly, data in whole or in 
part and in any manner for Federal purposes and to have or permit 
others to do so for Federal purposes only.
    (c) In order that the Government may exercise its license rights 
in data, the Government, upon request to the recipient, shall have 
the right to review and/or obtain delivery of data resulting from 
the performance of work under this award or acquired under this 
award, and authorize others to receive such data to use for Federal 
purposes.
    (d) Cost Sharing and/or Matching Efforts. When the recipient 
cost shares with the Government on the effort, the following 
paragraph also applies--
    ``(1) In the event data first produced by the recipient in 
carrying out recipient's responsibilities under this award is 
furnished to NASA, and recipient considers such data to embody trade 
secrets or to comprise commercial or financial information which is 
privileged or confidential, and such data is so identified with a 
suitable notice or legend, the data will be maintained in confidence 
and disclosed and used by the Government and its contractors (under 
suitable protective conditions) only for experimental, evaluation, 
research and development purposes, by or on behalf of the Government 
for an agreed to period of time, and thereafter for Federal purposes 
as defined in Sec.  1800.909(b).''
    (e) For Cooperative Agreements, the following paragraph also 
applies--
    ``(1) As to data first produced by NASA in carrying out NASA's 
responsibilities under a cooperative agreement and which data would 
embody trade secrets or would comprise commercial or financial 
information that is privileged or confidential if it has been 
obtained from the recipient, such data will be marked with an 
appropriate legend and maintained in confidence for 5 years (unless 
a shorter period has been agreed to between the Government and 
recipient) after development of the information, with the express 
understanding that during the aforesaid period such data may be 
disclosed and used (under suitable protective conditions) by or on 
behalf of the Government for Government purposes only, and 
thereafter for any purpose whatsoever without restriction on 
disclosure and use. Recipient agrees not to disclose such data to 
any third party without NASA's written approval until the 
aforementioned restricted period expires.''

(End of Term and Condition)

1800.910 National Security

    Prescription--This term and condition implements Executive Order 
12829. The Grant Officer shall include in all awards.

National Security

    NASA awards normally do not involve classified information. 
However, if it is known in advance that an award involves classified 
information or if the work on the award is likely to develop 
classified information, individuals performing on the award who will 
have access to the information must obtain the appropriate security 
clearance in advance of performing on the award, in accordance with 
NASA Procedural Requirements (NPR) 1600.2, NASA Classified National 
Security Information (CNSI) w/Change 2. When access to classified 
information is not originally anticipated in the performance of an 
award, but such information is subsequently sought or potentially 
developed by the award recipient, the NASA Grant Officer who issued 
the award shall be notified immediately, and prior to work under the 
award proceeding, to implement the appropriate clearance 
requirements.

(End of Term and Condition)

1800.911 Nondiscrimination

    Prescription--This term and condition implements Executive Order 
11246. The Grant Officer shall include in all awards.

Nondiscrimination

    (a) To the extent provided by law and any applicable agency 
regulations, this award and any program assisted thereby are subject 
to the provisions of Title VI of the Civil Rights Act of 1964 (Pub. 
L. 88-352), Title IX of the Education amendments of 1972 (Pub. L. 
92-318, 20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975 
(Pub. L. 94-135), the implementing regulations issued pursuant 
thereto by NASA, and the assurance of compliance which the recipient 
has filed with NASA.
    (b) Except for commercially available supplies, materials, 
equipment, or general support services, the recipient shall obtain 
an assurance of compliance as required by NASA regulations from each 
organization that applies or serves as a subrecipient, subawardee, 
contractor or subcontractor under this award.
    (c) Work on NASA awards is subject to the provisions of Title VI 
of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d-1), 
Title IX of the Education Amendments of 1972 (20 U.S.C. 1680 et 
seq.), section 504 of the Rehabilitation Act of 1973, as amended (29 
U.S.C. 794), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et 
seq.), and the NASA implementing regulations (14 CFR parts 1250, 
1251, 1252, and 1253).

(End of Term and Condition)

1800.912 Clean Air and Water

    Prescription--This term and condition implements the Clean Air 
Act at 42 U.S.C. 7401 et seq. The Grant Officer shall include this 
term and condition on all awards.

Clean Air and Water

    The recipient agrees to the following:
    (a) Comply with applicable standards, orders or regulations 
issued pursuant to the Clean Air Act, as amended (42 U.S.C. 7401 et 
seq.) and of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.).
    (b) Ensure that no portion of the work under this award will be 
performed in a facility listed on the Environmental Protection 
Agency (EPA) List of Violating Facilities on the date that this 
award was effective unless and until the EPA eliminates the name of 
such facility or facilities from such listings.
    (c) Use its best efforts to comply with clean air standards and 
clean water standards at the facility in which the award is being 
performed.
    (d) Insert the substance of these terms and conditions into any 
nonexempt subaward or contract under the award.
    (e) Report violations to NASA and to EPA.

(End of Term and Condition)

1800.913 Investigative Requirements

    Prescription--This term and condition implements Executive Order 
12829. The Grant Officer shall include this term and condition in 
all awards. The term and condition must be augmented to conform to 
the requirements of OMB Guidance M-05-24 ``Implementation of 
Homeland Security Presidential Directive (HSPD) 12--Policy for a 
Common Identification Standard for Federal Employees and 
Contractors'' when a

[[Page 54709]]

recipient will require routine access to a Federal-controlled 
facility and/or information system.

Investigative Requirements

    (a) NASA reserves the right to perform security checks and to 
deny or restrict access to a NASA Center, facility, or computer 
system, or to NASA technical information, as NASA deems appropriate. 
To the extent the recipient needs such access for performance of the 
work, the recipient shall ensure that individuals needing such 
access provide the personal background and biographical information 
requested by NASA. Individuals failing to provide the requested 
information may be denied such access.
    (b) All requests to visit a NASA Center or facility must be 
submitted in a timely manner in accordance with instructions 
provided by that Center or facility.

(End of Term and Condition)

1800.914 Travel and Transportation

    Prescription--This term and condition implements The Fly 
American Act, 49 U.S.C. 1517 and the Department of Transportation 
regulations on hazardous materials. The Grant Officer will include 
this term and condition in all awards.

Travel and Transportation

    (a) The Fly American Act, 49 U.S.C. 1517, requires the recipient 
to use U.S. flag air carriers for international air transportation 
of personnel and property to the extent that service by those 
carriers is available.
    (b) Department of Transportation regulations, 49 CFR 173, govern 
recipient shipment of hazardous materials and other items.

(End of Term and Condition)

1800.915 Safety

    Prescription--This term and condition implements NPR 8715.3C or 
its successor requirements document. The Grant Officer will include 
this term and condition in all awards.

Safety

    (a) The recipient shall act responsibly in matters of safety and 
shall take all reasonable safety measures in performing under this 
award. The recipient shall comply with all applicable Federal, 
state, and local laws relating to safety. The recipient shall 
maintain a record of, and will notify the NASA Grant Officer 
immediately (within one workday) of any accident involving death, 
disabling injury or substantial loss of property in performing this 
award. The recipient will immediately (within one workday) advise 
NASA of hazards that come to its attention as a result of the work 
performed.
    (b) Where the work under this award involves flight hardware, 
the hazardous aspects, if any, of such hardware will be identified, 
in writing, by the recipient. Compliance with this term and 
condition by subawardees/subcontractors shall be the responsibility 
of the recipient.

(End of Term and Condition)

1800.916 Buy American Encouragement

    Prescription--This term and condition implements section 319 of 
Public Law 106-391, the NASA Authorization Act. The Grant Officer 
will include this term and condition in all awards, except awards 
with foreign recipients.

Buy American Encouragement

    As stated in Section 319 of Public Law 106-391, the NASA 
Authorization Act as amended recipients are encouraged to purchase 
only American-made equipment and products.

(End of Term and Condition)

1800.917 Investigation of Research Misconduct

    Prescription--This term and condition implements Sec.  200.336, 
The Grant Officer shall include this term and condition in all 
awards.

Investigation of Research Misconduct

    Recipients of this award are subject to the requirements of 14 
CFR 1275, ``Investigation of Research Misconduct.''

(End of Term and Condition)

1800.918 Allocation of Risk/Liability

    Prescription--The Grant Officer shall include this term and 
condition in all awards.

Allocation of Risk/Liability

    (a) With respect to activities undertaken under this award, the 
recipient agrees not to make any claim against NASA or the U.S. 
Government with respect to the injury or death of its employees or 
its subawardees/contractors and subaward/subcontractor employees, or 
to the loss of its property or that of its subawardeees/contractors 
and subawardees/subcontractors, whether such injury, death, damage 
or loss arises through negligence or otherwise, except in the case 
of willful misconduct.
    (b) In addition, as applicable, the recipient agrees to 
indemnify and hold the U.S. Government and its contractors and 
subcontractors harmless from any third party claim, judgment, or 
cost arising from the injury to or death of any person, or for 
damage to or loss of any property, arising as a result of its 
possession or use of any U.S. Government property. If State law 
prohibits the recipient from accepting indemnification, then the 
recipient shall ensure this term and condition applies to all 
subrecipients, subawardees, contractors or subcontractors under this 
award.

(End of Term and Condition)

1800.919 Cooperative Agreement

    Prescription--The Grant Officer shall include this term and 
condition in all cooperative agreement awards.

Cooperative Agreement

    (a) This award is a cooperative agreement and it is anticipated 
there will be substantial NASA involvement during performance of the 
effort. NASA and the recipient mutually agree to the following 
statement of anticipated cooperative interactions which may occur 
during the performance of this effort--
    (Reference the approved proposal that contains a detailed 
description of the work and insert a concise statement of the exact 
nature of the cooperative interactions NASA and the recipient will 
provide.)
    (b) The terms ``award'' and ``recipient'' mean ``cooperative 
agreement'' and ``recipient of cooperative agreement,'' 
respectively, wherever the language appears in terms and conditions 
included in this agreement.
    (c) NASA's ability to participate and perform its collaborative 
effort under this cooperative agreement is subject to the 
availability of appropriated funds and nothing in this cooperative 
agreement commits the United States Congress to appropriate funds 
therefore.

(End of Term and Condition)

1800.920 Multiple Year Award

    Prescription--The Grant Officer shall include this term and 
condition in multi-year awards. This term and condition does not 
have to be included in awards with commercial firms. If included, 
minor modifications to the term and condition, such as the time 
frame for cost extensions, are permissible.

Multiple Year Award

    This is a multiple-year award contingent on the availability of 
funds, scientific progress of the project, and continued relevance 
to NASA programs. NASA anticipates continuing support at 
approximately the following levels--

Second year $ __, Anticipated funding date __.
Third year $ __, Anticipated funding date __.
(Periods may be added or omitted, as applicable)

End of Term and Condition)

1800.921 Incremental Funding

    Prescription--The Grant Officer shall include this term and 
condition when incremental funding is used, changes as needed are 
permissible.

Incremental Funding

    (a) Only $XXX of the amount indicated on the face of this award 
is available for payment and allotted to this award. NASA 
contemplates making additional allotments of funds during 
performance of this effort. It is anticipated that these funds will 
be obligated as appropriated funds become available without any 
action required by the recipient. The recipient will be given 
written notification by the NASA Grant Officer.
    (b) The recipient agrees to perform work up to the point at 
which the total amount paid or payable by the Government 
approximates but does not exceed the total amount actually allotted 
to this award. NASA is not obligated to reimburse the recipient for 
the expenditure of amounts in excess of the total funds allotted by 
NASA to this grant or cooperative agreement. The recipient is not 
authorized to continue performance beyond the amount allotted to 
this award.
    Special Note--Balance is contingent on availability of funds. 
The remaining balance to fully fund this year is $XXX.


[[Page 54710]]


(End of Term and Condition)

1800.922 Cost Sharing

    Prescription--The Grant Officer shall include this term and 
condition when an award involves cost sharing, changes as need are 
permissible.

Cost Sharing

    (a) NASA and the recipient will share in providing the resources 
necessary to perform the award. NASA funding and non-cash 
contributions (personnel, equipment, facilities, etc.) and the 
dollar value of the recipient's cash and/or non-cash contribution 
will be on a __ percent recipient basis.
    (b) The funding and non-cash contributions by both parties are 
represented by the following dollar amounts--

Government Share

-----------------------------------------------------------------------
Recipient Share

-----------------------------------------------------------------------
Total Amount

-----------------------------------------------------------------------

    (c) Criteria and procedures for allowable and allocable costs of 
cash and non-cash contributions shall be governed by Sec.  200.306, 
Cost Sharing or Matching. The applicable Federal cost principles are 
cited in 2 CFR 200 Subpart E.
    (d) The Recipient's share shall not be charged to the Government 
under this award or under any other contract or award.
(End of Term and Condition)

1800.923 New Technology

    Prescription-- The Grant Officer shall include this term and 
condition in all grants with commercial firms other than those with 
small businesses. This term and condition is used in lieu of the 
term and condition at 2 CFR 1800.908, Patent Rights.

New Technology

    (a) Definitions.
    Administrator, as used in this term and condition, means the 
Administrator of the National Aeronautics and Space Administration 
(NASA) or duly authorized representative.
    The term ``award,'' as used in this term and condition, means 
any actual or proposed grant, cooperative agreement, understanding, 
or other arrangement, and includes any assignment, substitution of 
parties, subaward, or subcontract executed or entered into 
thereunder.
    Made, as used in this term and condition, means conception or 
first actual reduction to practice; provided, that in the case of a 
variety of plant, the date of determination (as defined in section 
41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must 
also occur during the period of performance.
    Nonprofit organization, as used in this term and condition, 
means a domestic university or other institution of higher education 
or an organization of the type described in section 501(c)(3) of the 
Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from 
taxation under section 501(a) of the Internal Revenue Code (26 
U.S.C. 501(a)), or any domestic nonprofit scientific or educational 
organization qualified under a State nonprofit organization statute.
    Practical application, as used in this term and condition, means 
to manufacture, in the case of a composition or product; to 
practice, in the case of a process or method; or to operate, in case 
of a machine or system; and, in each case, under such conditions as 
to establish that the invention is being utilized and that its 
benefits are, to the extent permitted by law or Government 
regulations, available to the public on reasonable terms.
    Reportable item, as used in this term and condition, means any 
invention, discovery, improvement, or innovation of the awardee, 
whether or not patentable or otherwise protectable under Title 35 of 
the United States Code, made in the performance of any work under 
any NASA award or in the performance of any work that is 
reimbursable under any term and condition in any NASA award 
providing for reimbursement of costs incurred before the effective 
date of the award. Reportable items include, but are not limited to, 
new processes, machines, manufactures, and compositions of matter, 
and improvements to, or new applications of, existing processes, 
machines, manufactures, and compositions of matter. Reportable items 
also include new computer programs, and improvements to, or new 
applications of, existing computer programs, whether or not 
copyrightable or otherwise protectable under Title 17 of the United 
States Code.
    Small business firm, as used in this term and condition, means a 
domestic small business concern as defined at 15 U.S.C. 632 and 
implementing regulations (see 13 CFR 121.401 et seq.) of the 
Administrator of the Small Business Administration.
    Subject invention, as used in this term and condition, means any 
reportable item which is or may be patentable or otherwise 
protectable under Title 35 of the United States Code, or any novel 
variety of plant that is or may be protectable under the Plant 
Variety Protection Act (7 U.S.C. 2321 et seq.).
    (b) Allocation of principal rights.
    (1) Presumption of title.
    (i) Any reportable item that the Administrator considers to be a 
subject invention shall be presumed to have been made in the manner 
specified in paragraph (A) or (B) of section 20135(b)(1) of the 
National Aeronautics and Space Act of 1958 (51 U.S.C. 20135) 
(hereinafter called ``the Act''), and that presumption shall be 
conclusive unless at the time of reporting the reportable item the 
recipient submits to the Grant Officer a written statement, 
containing supporting details, demonstrating that the reportable 
item was not made in the manner specified in paragraph (A) or (B) of 
section 20135(b)(1) of the Act.
    (ii) Regardless of whether title to a given subject invention 
would otherwise be subject to an advance waiver or is the subject of 
a petition for waiver, the recipient may nevertheless file the 
statement described in paragraph (b)(1)(i) of this term and 
condition. The Administrator will review the information furnished 
by the recipient in any such statement and any other available 
information relating to the circumstances surrounding the making of 
the subject invention and will notify the recipient whether the 
Administrator has determined that the subject invention was made in 
the manner specified in paragraph (A) or (B) of section 20135(b)(1) 
of the Act.
    (2) Property rights in subject inventions. Each subject 
invention for which the presumption of paragraph (b)(1)(i) of this 
term and condition is conclusive or for which there has been a 
determination that it was made in the manner specified in paragraph 
(A) or (B) of section 20135(b)(1) of the Act shall be the exclusive 
property of the United States as represented by NASA unless the 
Administrator waives all or any part of the rights of the United 
States, as provided in paragraph (b)(3) of this term and condition.
    (3) Waiver of rights.
    (i) Section 20135(g) of the Act provides for the promulgation of 
regulations by which the Administrator may waive the rights of the 
United States with respect to any invention or class of inventions 
made or that may be made under conditions specified in paragraph (A) 
or (B) of section 20135(b)(1) of the Act.
    (ii) As provided in 14 CFR part 1245, subpart 1, recipients may 
petition, either prior to execution of the award or within 30 days 
after execution of the award, for advance waiver of rights to any or 
all of the inventions that may be made under an award. If such a 
petition is not submitted, or if after submission it is denied, the 
recipient (or an employee inventor of the recipient) may petition 
for waiver of rights to an identified subject invention within eight 
months of first disclosure of the invention in accordance with 
paragraph (e)(2) of this term and condition, or within such longer 
period as may be authorized in accordance with 14 CFR 1245.105.
    (c) Minimum rights reserved by the Government.
    (1) With respect to each subject invention for which a waiver of 
rights is applicable in accordance with 14 CFR part 1245, subpart 1, 
the Government reserves--
    (i) An irrevocable, nonexclusive, nontransferable, royalty-free 
license for the practice of such invention throughout the world by 
or on behalf of the United States or any foreign government in 
accordance with any treaty or agreement with the United States; and
    (ii) Such other rights as stated in 14 CFR 1245.107.
    (2) Nothing contained in this paragraph (c) shall be considered 
to grant to the Government any rights with respect to any invention 
other than a subject invention.
    (d) Minimum rights to the Recipient.
    (1) The recipient is hereby granted a revocable, nonexclusive, 
royalty-free license in each patent application filed in any country 
on a subject invention and any resulting patent in which the 
Government acquires title, unless the recipient fails to disclose 
the subject invention within the times specified in paragraph (e)(2) 
of this term and condition. The recipient's license extends to its 
domestic subsidiaries and affiliates, if any, within the corporate 
structure of which the recipient is a party and includes the right 
to grant sublicenses of the same scope to the extent the recipient 
was legally obligated to do so at the time the award was issued. The 
license is transferable

[[Page 54711]]

only with the approval of the Administrator except when transferred 
to the successor of that part of the recipient's business to which 
the invention pertains.
    (2) The recipient's domestic license may be revoked or modified 
by the Administrator to the extent necessary to achieve expeditious 
practical application of the subject invention pursuant to an 
application for an exclusive license submitted in accordance with 37 
CFR part 404, Licensing of Government Owned Inventions. This license 
will not be revoked in that field of use or the geographical areas 
in which the recipient has achieved practical application and 
continues to make the benefits of the invention reasonably 
accessible to the public. The license in any foreign country may be 
revoked or modified at the discretion of the Administrator to the 
extent the recipient, its licensees, or its domestic subsidiaries or 
affiliates have failed to achieve practical application in that 
foreign country.
    (3) Before revocation or modification of the license, the 
recipient will be provided a written notice of the Administrator's 
intention to revoke or modify the license, and the recipient will be 
allowed 30 days (or such other time as may be authorized by the 
Administrator for good cause shown by the recipient) after the 
notice to show cause why the license should not be revoked or 
modified. The recipient has the right to appeal to the Administrator 
any decision concerning the revocation or modification of its 
license.
    (e) Invention identification, disclosures, and reports.
    (1) The recipient shall establish and maintain active and 
effective procedures to assure that reportable items are promptly 
identified and disclosed to recipient personnel responsible for the 
administration of this New Technology term and condition within six 
months of conception and/or first actual reduction to practice, 
whichever occurs first in the performance of work under this award. 
These procedures shall include the maintenance of laboratory 
notebooks or equivalent records and other records as are reasonably 
necessary to document the conception and/or the first actual 
reduction to practice of the reportable items, and records that show 
that the procedures for identifying and disclosing reportable items 
are followed. Upon request, the recipient shall furnish the Grant 
Officer a description of such procedures for evaluation and for 
determination as to their effectiveness.
    (2) The recipient will disclose each reportable item to the New 
Technology Representative, with notice to the Grant Officer, within 
two months after the inventor discloses it in writing to recipient 
personnel responsible for the administration of this New Technology 
term and condition or, if earlier, within six months after the 
recipient becomes aware that a reportable item has been made, but in 
any event for subject inventions before any on sale, public use, or 
publication of such invention known to the recipient. The disclosure 
to the agency shall be in the form of a written report and shall 
identify the award under which the reportable item was made and the 
inventor(s) or innovator(s). It shall be sufficiently complete in 
technical detail to convey a clear understanding, to the extent 
known at the time of the disclosure, of the nature, purpose, 
operation, and physical, chemical, biological, or electrical 
characteristics of the reportable item. The disclosure shall also 
identify any publication, on sale, or public use of any subject 
invention and whether a manuscript describing such invention has 
been submitted for publication and, if so, whether it has been 
accepted for publication at the time of disclosure. In addition, 
after disclosure to the agency, the recipient will promptly notify 
the agency of the acceptance of any manuscript describing a subject 
invention for publication or of any on sale or public use planned by 
the recipient for such invention.
    (3) The recipient shall furnish the New Technology 
Representative, with notice to the Grants Officer, the following:
    (i) Interim new technology summary reports every 12 months from 
the date of the award, listing reportable items during that period, 
and certifying that all reportable items have been disclosed (or 
that there are no such inventions) and that the procedures required 
by paragraph (e)(1) of this term and condition have been followed.
    (ii) A final new technology summary report within 90 days after 
the end of the period of performance, listing all reportable items 
or certifying that there were no such reportable items, and listing 
all research subawardees/subcontractors at any tier containing a 
patent rights clause or certifying that there were no such 
subcontractors.
    (4) The recipient agrees, upon written request of the Patent 
Representative, to furnish additional technical and other 
information available to the recipient as is necessary for the 
preparation of a patent application on a subject invention and for 
the prosecution of the patent application, and to execute all papers 
necessary to file patent applications on subject inventions and to 
establish the Government's rights in the subject inventions.
    (5) The recipient agrees, subject to 5(a) below, the Government 
may duplicate and disclose subject invention disclosures and all 
other reports and papers furnished or required to be furnished 
pursuant to this term and condition.
    (a) Publishing information concerning an invention before a 
patent application is filed on a subject invention may create a bar 
to a valid patent. To avoid this bar, agencies may withhold 
information from the public that discloses any invention in which 
the Government owns or may own a right, title, or interest 
(including a nonexclusive license) (see 35 U.S.C. 205 and 37 CFR 
part 401). Agencies may only withhold information concerning 
inventions for a reasonable time in order for a patent application 
to be filed. Once filed in any patent office, agencies are not 
required to release copies of any document that is a part of a 
patent application for those subject inventions.
    (f) Examination of records relating to inventions.
    (1) The Grant Officer or any authorized representative shall, 
until 3 years after final payment under this award, have the right 
to examine any books (including laboratory notebooks), records, and 
documents of the recipient relating to the conception or first 
actual reduction to practice of inventions in the same field of 
technology as the work under this award to determine whether--
    (i) Any such inventions are subject inventions;
    (ii) The recipient has established and maintained the procedures 
required by paragraph (e)(1) of this term and condition; and
    (iii) The recipient and its inventors have complied with the 
procedures.
    (2) If the New Technology Representative or Patent 
Representative learns of an unreported recipient invention, the 
recipient may be required to disclose the invention to the agency 
for a determination of ownership rights.
    (3) Any examination of records under this paragraph will be 
subject to appropriate conditions to protect the confidentiality of 
the information involved.
    (h) Subawards/Subcontracts.
    (1) Unless otherwise authorized or directed by the Grant 
Officer, the recipient shall--
    (i) Include the clause at NASA FAR Supplement (NFS) 1852.227-70, 
New Technology, (suitably modified to identify the parties) in any 
subaward/subcontract hereunder (regardless of tier) with other than 
a small business firm or nonprofit organization for the performance 
of experimental, developmental, or research work; and
    (ii) Include the FAR clause 52.227-11, as modified by the NASA 
FAR Supplement (NFS) 1852.227-11, ``Patent Right-Retention by the 
Contractor (Short Form)'' (suitably modified to identify the 
parties) in any subaward/subcontract hereunder (regardless of tier) 
with a small business firm or nonprofit organization for the 
performance of experimental, developmental, or research work.
    (2) In the event of a refusal by a prospective subrecipient to 
accept such a clause the recipient--
    (i) Shall promptly submit a written notice to the Grant Officer 
setting forth the subrecipient's reasons for such refusal and other 
pertinent information that may expedite disposition of the matter; 
and
    (ii) Shall not proceed with such subaward/subcontract without 
the written authorization of the Grant Officer.
    (3) The recipient shall promptly notify the Grant Officer in 
writing upon the award of any subaward/subcontract at any tier 
containing a patent rights clause by identifying the subrecipient, 
the applicable patent rights term and condition/clause, the work to 
be performed under the subrecipient and the dates of award and 
estimated completion. Upon request of the Grant Officer, the 
recipient shall furnish a copy of such subaward/subcontract, and, no 
more frequently than annually, a listing of the subawards/
subcontracts that have been awarded.
    (4) The subrecipient will retain all rights provided for the 
recipient in paragraph (h)(1)(i) or (ii) of this term and condition, 
whichever is included in the subaward/subcontracts, and the 
recipient will not, as part of the consideration for awarding the

[[Page 54712]]

subaward/subcontract, obtain rights in the subrecipients's subject 
inventions.
    (i) Preference for United States industry. Unless provided 
otherwise, no recipient that receives title to any subject invention 
and no assignee of any such recipient shall grant to any person the 
exclusive right to use or sell any subject invention in the United 
States unless such person agrees that any products embodying the 
subject invention will be manufactured substantially in the United 
States. However, in individual cases, the requirement may be waived 
by the Administrator upon a showing by the recipient or assignee 
that reasonable but unsuccessful efforts have been made to grant 
licenses on similar terms to potential licensees that would be 
likely to manufacture substantially in the United States or that 
under the circumstances domestic manufacture is not commercially 
feasible.

(End of Term and Condition)

1800.924 Designation of New Technology Representative and Patent 
Representative

    Prescription--The Grant Officer shall include this term and 
condition all awards containing the term and condition ``Patent 
Rights'' at 1800.908 or the term and condition ``New Technology'' at 
1800.923.

Designation of New Technology Representative and Patent 
Representative

    (a) For purposes of administration of the term and condition 
entitled ``New Technology,'' or ``Patent Rights'' whichever is 
included, the following named representatives are hereby designated 
by the Grant Officer to administer such term and condition--

 New Technology Representative
 Patent Representative

    (b) Reports of reportable items, and disclosure of subject 
inventions, interim reports, final reports, utilization reports, and 
other reports required by the term and condition, as well as any 
correspondence with respect to such matters, should be directed to 
the New Technology Representative, with notification to the Grant 
Officer, unless transmitted in response to correspondence or request 
from the Patent Representative. Inquires or requests regarding 
disposition of rights, election of rights, or related matters should 
be directed to the Patent Representative. This term and condition 
shall be included in any subaward/subcontract hereunder requiring a 
``New Technology'' term and condition or ``Patent Rights--Retention 
by the Contractor (Short Form)'' term and condition unless otherwise 
authorized or directed by the Grant Officer. The respective 
responsibilities and authorities of the above named representatives 
are set forth in the Grants and Cooperative Agreement Manual.

(End of Term and Condition)

1800.925 Equipment and Other Property Under Awards With Commercial 
Firms

    Prescription--The Grant Officer shall include this term and 
condition in awards with commercial firms that have property.

Equipment and Other Property Under Awards With Commercial Firms

    (a) This award permits acquisition of special purpose equipment 
required for the conduct of research. Acquisition of special purpose 
equipment costing in excess of $5,000 and not included in the 
approved proposal budget requires the prior approval of the Grant 
Officer unless the item is merely a different model of an item shown 
in the approved proposal budget.
    (b) Recipients may not purchase, as a direct cost to the award, 
items of general purpose equipment, examples of which include but 
are not limited to office equipment and furnishings, air 
conditioning equipment, reproduction and printing equipment, motor 
vehicles, and automatic data processing equipment. If the recipient 
requests an exception, the recipient shall submit a written request 
for Grant Officer approval, prior to purchase by the recipient, 
stating why the recipient cannot charge the general purpose 
equipment to indirect costs.
    (c) Under no circumstances shall award funds be used to acquire 
land or any interest therein, to acquire or construct facilities (as 
defined in 48 CFR (FAR) 45.301), or to procure passenger carrying 
vehicles.
    (d) The Government shall have title to equipment and other 
personal property acquired with Government funds. Such property 
shall be disposed of pursuant to 48 CFR (FAR) 45.603.
    (e) Title to Government furnished equipment (including 
equipment, title to which has been transferred to the Government 
prior to completion of the work) will remain with the Government.
    (f) The recipient shall establish and maintain property 
management standards for Government property and otherwise manage 
such property as set forth in 48 CFR (FAR) 45.5 and 48 CFR (NFS) 
1845.5.
    (g) Recipients shall submit annually a NASA Form 1018, NASA 
Property in the Custody of Contractors, in accordance with the 
instructions on the form, the provisions of 48 CFR (NFS) 1845.71 and 
any supplemental instructions that may be issued by NASA for the 
current reporting period. The original NF 1018 shall be submitted to 
the Center Deputy Chief Financial Officer (Finance) with three 
copies sent concurrently to the Center Industrial Property Officer. 
The annual reporting period shall be from October 1 of each year 
through September 30 of the following year. The report shall be 
submitted in time to be received by October 15. Negative reports 
(i.e. no reportable property) are required. The information 
contained in the reports is entered into the NASA accounting system 
to reflect current asset values for agency financial statement 
purposes. Therefore, it is essential that required reports be 
received no later than October 15. A final report is required within 
30 days after the end of the period of performance.
    (h) The requirements set forth in this term and condition 
supersedes award term and condition 1800.907, Equipment and Other 
Property.

(End of Term and Condition)

1800.926 Listing of reportable equipment and other property.

    Prescription--The Grant Officer shall include this term and 
condition in awards with property.

Listing of Reportable Equipment and Other Property

    (a) Title to Federally-owned property provided to the recipient 
remains vested in the Federal Government, and shall be managed in 
accordance with Sec.  200.312. The following items of Federally-
owned property are being provided to the recipient for use in 
performance of the work under this award--
    List property or state ``not applicable.
    (b) The following specific items of equipment acquired by the 
recipient have been identified by NASA for transfer of title to the 
Government when no longer required for performance under this award. 
This equipment will be managed in accordance with 200.313, and shall 
be transferred to NASA or NASA's designee in accordance with the 
procedures set forth at 200.313(e)--
    (List property or state ``not applicable.'')

(End of Term and Condition)

1800.927 Invoices and Payments Under Awards With Commercial Firms

    Prescription--The Grant Officer shall include this term and 
condition in all awards with commercial firms.

Invoices and Payments Under Awards With Commercial Firms

    (a) Invoices for payment of actual incurred costs shall be 
submitted by the recipient no more frequently than on a_XX__basis.
    (b) Invoices shall be submitted by the recipient to the 
following offices:
    (1) The original invoice shall be sent directly to the payment 
office designated on the award cover page.
    (2) Copies of the invoice shall be sent to the NASA Technical 
Officer and NASA Grant Officer.
    (c) All invoices shall reference the award number.
    (d) The final invoice shall be marked ``Final'' and shall be 
submitted within 90 days of the end date of the period of 
performance.
    (e) The requirements set forth in this term and condition shall 
govern to the extent these requirements are inconsistent with the 
requirements in term and condition ``Financial Management'' at 
1800.906.

(End of Term and Condition)

1800.928 Electronic Funds Transfer Payment Methods

    Prescription--The Grant Officer shall include this term and 
condition in all awards with commercial firms.

Electronic Funds Transfer Payment Methods

    (a) Payments under this award will be made by the Government by 
electronic funds transfer through the Treasury Fedline Payment 
System (FEDLINE) or the Automated Clearing House (ACH), at the 
option of the Government. After award, but no later than 14 days 
before an invoice is submitted, the recipient shall designate a 
financial institution for receipt of electronic

[[Page 54713]]

funds transfer payments, and shall submit this designation to the 
Grant Officer or other Government official, as directed.
    (b) For payment through FEDLINE, the recipient shall provide the 
following information:
    (1) Name, address, and telegraphic abbreviation of the financial 
institution receiving payment.
    (2) The American Bankers Association 9-digit identifying number 
for wire transfers of the financing institution receiving payment if 
the institution has access to the Federal Reserve Communication 
System.
    (3) Payee's account number at the financial institution where 
funds are to be transferred.
    (4) If the financial institution does not have access to the 
Federal Reserve Communications System, name, address, and 
telegraphic abbreviation of the correspondent financial institution 
through which the financial institution receiving payment obtains 
wire transfer activity. Provide the telegraphic abbreviation and 
American Bankers Association identifying number for the 
correspondent institution.
    (c) For payment through ACH, the recipient shall provide the 
following information:
    (1) Routing transit number of the financial institution 
receiving payment (same as American Bankers Association identifying 
number used for FEDLINE).
    (2) Number of account to which funds are to be deposited.
    (3) Type of depositor account (``C'' for checking, ``S'' for 
savings).
    (4) If the recipient is a new enrollee to the ACH system, a 
``Payment Information Form,'' SF 3881, must be completed before 
payment can be processed.
    (d) In the event the recipient, during the performance of this 
award, elects to designate a different financial institution for the 
receipt of any payment made using electronic funds transfer 
procedures, notification of such change and the required information 
specified above must be received by the appropriate Government 
official 30 days prior to the date such change is to become 
effective.
    (e) The documents furnishing the information required in this 
term and condition must be dated and contain the signature, title, 
and telephone number of the recipient official authorized to provide 
it, as well as the recipient's name and award number.
    (f) Failure to properly designate a financial institution or to 
provide appropriate payee bank account information may delay 
payments of amounts otherwise properly due.
    (g) The requirements set forth in this term and condition shall 
govern to the extent these requirements are inconsistent with the 
requirements in term and condition ``Financial Management''.

(End of Term and Condition)
[FR Doc. 2015-21434 Filed 9-10-15; 8:45 am]
 BILLING CODE 7510-13-P