[Code of Federal Regulations]
[Title 14, Volume 5, Parts 1200 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1274.105]

[Page 447-448]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1274--COOPERATIVE AGREEMENTS WITH COMMERCIAL FIRMS--Table of Contents
 
                           Subpart A--General
 
Sec. 1274.105  Approval of Cooperative Agreement Notices (CANs) and cooperative agreements.

    (a) As soon as possible after the initial decision is made by a 
Headquarters program office or Center procurement personnel to use the 
CAN process, the cognizant program office or procurement office shall 
notify the Associate Administrator for Procurement (Code HS) of the 
intent to use a CAN in all cases where the total Government funds to be 
awarded in response to CAN proposals is expected to equal or exceed $10 
million. All such notifications, as described in this section, shall be 
concurred in by the Procurement Officer. This requirement also applies 
in those cases where an unsolicited proposal is received and a decision 
is made to award a cooperative agreement in which the recipient (or one 
or more members of a ``team'' of recipients) is a commercial firm and 
the total Government funds are expected to equal or exceed $10 million.
    (b) The required notification is to be accomplished by sending an 
electronic mail (e-mail) message to the following address at NASA 
Headquarters: can@hq.nasa.gov. The notification must include the 
following information, as a minimum:
    (1) Identification of the cognizant center and program office,

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    (2) Description of the proposed program for which proposals are to 
be solicited,
    (3) Rationale for decision to use a CAN rather than other types of 
solicitations,
    (4) The amount of Government funding to be available for awards,
    (5) Estimate of the number of cooperative agreements to be awarded 
as a result of the CAN,
    (6) The percentage of cost-sharing to be required,
    (7) Tentative schedule for release of CAN and award of cooperative 
agreements,
    (8) If the term of the cooperative agreement is anticipated to 
exceed 3 years and/or if the Government cash contribution is expected to 
exceed $20M, address anticipated changes, if any, to the provisions (see 
1274.202(f)), and
    (9) If the cooperative agreement is for programs/projects that 
provide aerospace products or capabilities, (i.e., provide space and 
aeronautics, flight and ground systems, technologies and operations), a 
statement that the requirements of NASA Policy Directive (NPD) 7120.4 
and NASA Policy Guidance (NPG) 7120.5 have been met. This affirmative 
statement will include a specific reference to the signed Program 
Commitment Agreement.
    (c) Code HS will respond by e-mail message to the sender, with a 
copy of the message to the Procurement Officer and the Office of Small 
and Disadvantaged Business Utilization, within 5 working days of receipt 
of this initial notification. The response will address the following:
    (1) Whether Code HS agrees or disagrees with the appropriateness for 
using a CAN for the effort described,
    (2) Whether Code HS will require review and approval of the CAN 
before its issuance,
    (3) Whether Code HS will require review and approval of the selected 
offeror's cost sharing arrangement (e.g., cost sharing percentage; type 
of contribution (cash, labor, etc.)), and
    (4) Whether Code HS will require review and approval of the 
resulting cooperative agreement(s).
    (d) If a response from Code HS is not received within 5 working days 
of notification, the program office or center may proceed with release 
of the CAN and award of the cooperative agreements as described.