[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1274.105]



[Page 463-464]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1274_COOPERATIVE AGREEMENTS WITH COMMERCIAL FIRMS--Table of Contents

 

                         Subpart 1274.1_General

 

Sec. 1274.105  Review requirements.



    (a) Once the decision is made by a Headquarters program office or 

Center procurement personnel, to pursue the Cooperative Agreement Notice 

(CAN)



[[Page 464]]



process, for which the total NASA resources to be expended equal or 

exceed $10 million (cash plus non-cash contributions), a notification 

shall immediately be provided to the Assistant Administrator for 

Procurement (Code HS). The notification(s) shall be forwarded by the 

cognizant Headquarters program office or the Center procurement office 

(as applicable). For any CAN where NASA's cash contributions are 

expected to equal or exceed $10 million, Headquarters program office or 

Center procurement personnel shall also notify the Assistant 

Administrator for Small and Disadvantaged Business Utilization (Code K). 

All such notifications, as described in paragraph (b) of this section, 

shall evidence concurrence by the cognizant Center Procurement Officer. 

These review requirements also apply where an unsolicited proposal is 

received from a commercial firm (or from a team of recipients where one 

of more team members is a commercial firm), and the planned award 

document is a cooperative agreement.

    (b) The notification shall 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;

    (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 award(s);

    (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 

Sec. 1274.207); and

    (9) If the cooperative agreement is for programs/projects that 

provide aerospace products or capabilities, (e.g., provision of space 

and aeronautics systems, 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 five (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.)).

    (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.

    (e) Before issuance, each field-generated CAN shall be approved by 

the installation director or designee, with the concurrence of the 

procurement officer. Each Headquarters generated CAN shall be approved 

by the cognizant Program Associate Administrator or designee, with 

concurrence of the Headquarters Offices of General Counsel (Code GK), 

External Relations (Code I), Safety & Mission Assurance (Code Q), and 

Procurement (Code HS).