[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: 14CFR1274.205]



[Page 469-470]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

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

 

                  Subpart 1274.2_Pre-Award Requirements

 

Sec. 1274.205  Consortia as recipients.



    (a) The use of consortia as recipients for cooperative agreements is 

encouraged. Such arrangements tend to bring a broader range of 

capabilities and resources to the cooperative agreement. In addition, 

consortium members can better share the projects financial costs (e.g., 

the 50 percent recipient's cost share or other costs of performance).

    (b) NASA enters into an agreement with only one entity (as 

identified by the consortium members). (Also see Sec. 1274.940.) The 

inclusion of non-profit or educational institutions, small businesses, 

or small disadvantaged businesses in the consortium could be 

particularly valuable in ensuring that the results of the consortium's 

activities are disseminated.

    (c) Key to the success of the cooperative agreement with a 

consortium is the consortium's Articles of Collaboration, which is a 

definitive description of the roles and responsibilities of the 

consortium's members. The Articles of Collaboration must designate a 

lead firm to represent the consortium and authority to sign on the 

consortium's behalf. It should also address to the extent appropriate--

    (1) Commitments of financial, personnel, facilities and other 

resources;

    (2) A detailed milestone chart of consortium activities;

    (3) Accounting requirements;

    (4) Subcontracting procedures;

    (5) Disputes;

    (6) Term of the agreement;

    (7) Insurance and liability issues;

    (8) Internal and external reporting requirements;

    (9) Management structure of the consortium;

    (10) Obligations of organizations withdrawing from the consortia;



[[Page 470]]



    (11) Allocation of data and patent rights among the consortia 

members

    (12) Agreements, if any, to share existing technology and data;

    (13) The firm that is responsible for the completion of the 

consortium's responsibilities under the cooperative agreement and has 

the authority to commit the consortium and receive payments from NASA, 

and address employee policy or other personnel issues.

    (d) The consortium's charter or by-laws may be substituted for the 

Articles of Collaboration only if they are inclusive of all of the 

required information.

    (e) An outline of the Articles of Collaboration should be required 

as part of the proposal and evaluated during the source selection 

process. Articles of Collaboration do not become part of the resulting 

cooperative agreement.