[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: 14CFR1274.205]

[Page 457]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1274--COOPERATIVE AGREEMENTS WITH COMMERCIAL FIRMS--Table of Contents
 
                    Subpart B--Pre-Award Requirements
 
Sec. 1274.205  Award procedures.

    (a) General. Multiple year cooperative agreements are encouraged, 
but normally they should not extend beyond two years.
    (b) Award above proposed amount. Awards of cooperative agreements in 
response to competitive solicitations will not result in providing more 
NASA funds or resources than was anticipated in the recipient's 
proposal. If additional funds or resources are deemed necessary, they 
will be provided by the recipient and the Government cost share 
percentage will be adjusted downward.
    (c) Changes to cooperative agreements. Cost growth or in-scope 
changes shall not increase the amount of NASA's contribution. Additional 
costs which arise during the performance of the cooperative agreement 
are the responsibility of the recipient. Funding for work required 
beyond the scope of the cooperative agreement must be sought through the 
submission of a proposal which will be treated as an unsolicited 
proposal.
    (d) Bilateral award. All cooperative agreements awarded under this 
part will be awarded on a bilateral basis.
    (e) Certifications and representations. (1) Unless prohibited by 
statute or codified regulation, recipients will be encouraged to submit 
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.
    (2) Civil rights requirements--nondiscrimination in certain 
Federally-funded programs. Recipients must furnish assurances of 
compliance with civil rights statutes specified in 14 CFR parts 1250 
through 1252. Such assurances are not required for each cooperative 
agreement, if they have previously been furnished and remain current and 
accurate. Certifications to NASA are normally made on NASA Form 1206, 
which may be obtained from the grant officer. Upon acceptance, the grant 
officer will forward assurances to the NASA Office of Equal Opportunity 
Programs for recording and retention purposes.
    (3) NASA cooperative agreements are subject to the provisions of 14 
CFR Part 1265, Government-wide Debarment and Suspension (Nonprocurement) 
and Government-wide requirements for Drug-Free Workplace (Grants), 
unless excepted by 1265.110 and 1265.610.
    (4) A Lobbying Certification in accordance with 14 CFR part 1271 
will be obtained prior to award.
    (f) Indemnification under Public Law 85-804 is not authorized for 
cooperative agreements.
    (g) Notice of significant action. The standard operating procedures 
for the Office of Public Affairs will be followed when notifying 
Congress and releasing information to the news media about awards. 
Grant/Contracting Officers must approve any exceptions to this policy.