[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1274.105]

[Page 465-466]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          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 466]]

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).