National Aeronautics and Space Administration
e = MC
2
Partnership Ofce, Mission Support Directorate
NASA Advisory Implementing Instruction (NAII) 1050-3B
Original Effective Date: December 21, 2016
Last Updated: September 26, 2019
NASA Partnerships Guide
NASA Advisory Implementing Instruction NAII 1050-3B
Original Effective Date: December 21, 2016
Last Updated: September 26, 2019
NASA Partnerships Guide
Responsible Ofce:
Partnership Ofce, Headquarters Mission Support Directorate
Note: This guide is intended to explain NASA agreement practice and provide implementing assistance to those involved in formulating and execut-
ing partnership agreements. It does not set new policy or procedural requirements. All references to such requirements contained in NASA Policy
Directives (NPDs), NASA Procedural Requirements (NPRs), NASA Advisory Implementing Instructions (NAIIs), or other guidance should be veried by
reviewing the cited authority directly.
For NASA ofcial use only. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) library
to make sure that this is the current version before use. See NPD 1050.1, Authority to Enter into Space Act Agreements, NAII 1050-3, NASA
Partnerships Guide, available at: http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=1050&s=1I
Table of Contents
I. Overview ................................................................................1
A. Introduction and Purpose ...............................................................1
B. Partnership Strategic Goals and Objectives .................................................2
1. Utilizing Partnerships in Support of NASA’s Strategic Goals and Objectives ....................2
2. Expanding Human Knowledge .......................................................2
3. Advancing U.S. Competitiveness ......................................................3
4. Encouraging Mutually Benecial Cooperation with Other Nations ............................4
5. Disseminating the Results of NASA’s Activities to Educate and Inspire ........................5
6. Facilitating Efcient Use and Management of Agency Infrastructure and Capabilities .............5
C. Organizational Roles and Responsibilities ..................................................6
1. NASA Acquisition Strategy Council ....................................................6
2. Headquarters Stakeholder Ofces .....................................................6
3. NASA Centers .....................................................................8
4. External (Non-NASA) Stakeholders ....................................................8
D. Types of Partnerships ..................................................................9
1. Reimbursable .....................................................................9
2. Nonreimbursable ..................................................................9
3. Other Forms of Partnership Agreements ................................................9
4. Equipment Loans .................................................................10
5. Real Property Out-grants ...........................................................10
6. Commercializing NASA Technology ...................................................13
II. Considerations for Partnerships ...........................................................15
A. General Considerations for all Partnerships ................................................15
1. Fairness, Transparency, and the Use of Competitive Procedures ............................15
2. Funding .........................................................................19
3. Pricing ..........................................................................21
4. Competition with the Private Sector ...................................................23
5. Conicts of Interest ................................................................24
6. Partnerships Benetting Foreign Commercial Entities .....................................24
7. Intellectual Property — Data Rights and Inventions .......................................25
8. National Environmental Policy Act and Other Environmental Considerations ...................26
9. Export Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
10. Foreign National Access Management .................................................27
11. NASA Transition Authorization Act of 2017. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
12. Term of Agreements ...............................................................29
13. Agreement Administration ..........................................................29
B. Topic-specic Considerations ...........................................................31
1. NASA Aircraft, Aireld, and Airspace Operations ........................................31
2. Communications, Cobranding, and Public Engagement Activities ...........................33
3. Education Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
III. Guidance on Partnering ...................................................................43
A. Summary Table of Agreement Types/Legal Authorities Available for Partnerships .................43
B. Providing Reimbursable Services ........................................................44
1. To Domestic Nongovernmental Partners ...............................................44
2. To Federal, State, and Local Government Partners .......................................44
3. To Foreign Partners ................................................................46
4. Via Cooperative Research and Development Agreements .................................48
5. Via Commercial Space Launch Act Agreements .........................................49
C. Nonreimbursable Activities .............................................................50
1. With Domestic Nongovernmental Partners .............................................50
2. With Federal, State, and Local Government Partners .....................................51
3. With Foreign Partners ..............................................................52
D. Providing Use of NASA Property and Equipment ............................................54
1. Loaning NASA Property ............................................................54
2. Using NASA Real Property ..........................................................55
3. Excessing NASA Property ..........................................................56
E. Commercializing NASA Technology ......................................................56
IV. Processes for Proposing, Implementing, and Managing Partnerships ..........................59
A. Agency-Level Processes and Procedures .................................................59
1. Overview ........................................................................59
2. NASA Agreement Manager Role .....................................................59
3. Performing Due Diligence Regarding Prospective Partners ................................60
4. Headquarters Abstract Review Process ...............................................61
5. RESERVED ......................................................................64
6. Notice of Signicant Partnership Action ................................................64
7. Agreement Close-out Process for Other Than Fully Reimbursable Agreements ................65
8. Agreements to be Performed by NASA’s Jet Propulsion Laboratory .........................65
9. Agreements for Classied Activities ...................................................66
10. Umbrella Agreements ..............................................................67
B. Center-Level Processes/Procedures .................................................... 68
1. Ames Research Center .............................................................68
2. Armstrong Flight Research Center ....................................................73
3. Glenn Research Center .............................................................74
4. Goddard Space Flight Center ........................................................74
5. Headquarters ....................................................................75
6. Jet Propulsion Laboratory ..........................................................75
7. Johnson Space Center .............................................................75
8. Kennedy Space Center .............................................................76
9. Langley Research Center ...........................................................77
10. Marshall Space Flight Center ........................................................79
11. Stennis Space Center ..............................................................81
V. Partnerships Tools and Resources .........................................................83
A. System Tools ........................................................................83
1. Partnership Agreement Maker .......................................................83
2. System for International External Relations Agreements ...................................83
3. Systems Applications & Products ....................................................83
B. NASA Partnerships Community of Practice Forum ..........................................85
C. Interagency Partnerships Liaison Team Forum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
D. Agency Partnerships Ofces Roundtable Forum ............................................86
E. Web Sites ..........................................................................86
VI. Acronyms; Referenced Policy and Procedural Documents; and Appendices .....................87
A. Acronyms ...........................................................................87
B. Referenced Policy and Procedural Guidance Documents .....................................89
C. Appendices .........................................................................91
1. Sample Notice of Availability (NOA) ...................................................91
2. Sample Request for Information (RFI) .................................................96
3. Policy and Operational Framework for Partnerships Benetting Foreign Commercial Entities ......98
4. Sample Notication of Signicant Partnership Action (NOSPA) ............................102
5. General Guidelines for Pricing Reimbursable Agreements ................................103
Change Log
Change Date Section Number Description/Comments
A 9-27-2017 II.A, General Considerations for
all Partnerships
Subsection 1, Fairness, Transparency, and the use of Competitive Proce-
dures updated to provided additional guidance
Subsection 2, Funding, changed to address the Estimated Price Report
(EPR) FAQ in the main text of the section, and revise the phrasing/punctua-
tion to clarify the requirement for EPRs.
Subsection 3, Pricing, changed to revise the phrasing/punctuation to clarify
the requirement for EPRs.
New subsection 11, NASA Transition Authorization Act of 2017, added to ad-
dress the new procedural requirements for Space Act Agreements imposed
by the NTAA.
New subsection 12, Term of Agreements, added to address the term (period
of performance) of agreements.
IV.A.4, Headquarters Abstract
Review Process
Claried that the abstract review process applies to amendments expanding
the scope of existing agreements and Letters of Intent.
Added “Exclusive or Essentially Exclusive Arrangements” as a new man-
datory abstract submission criterion in response to the new procedural
requirements imposed by the NTAA.
Added “Proposed Cooperative Research and Development Agreements
(CRADAs)” as a new mandatory criterion, pursuant to NPD 1050-2, Author-
ity to Enter into [CRADAs], and NAII 1050-2, [CRADA] Program Information
Package.
Claried that new Annexes not previously vetted under an Umbrella agree-
ment do not qualify for the exception for “renewals, exceptions, or minor
in-scope amendments of existing agreements…”
IV.A.8, Agreements to be
Performed by NASA’s Jet
Propulsion Laboratory
Claried that JPL-related agreements are executed and managed in accor-
dance with applicable Agency policies and procedures and Headquarters
review requirements.
V.E, Web Sites Revised information for the two public “NASA Partnerships” Web sites that
were consolidated into one.
VI, Acronyms; Referenced
Policy and Procedural
Documents; and Appendices
Dened “NTAA” (NASA Transition Authorization Act of 2017)
B 9-26-2019 I.C.1, NASA Acquisition
Strategy Council
Described the role and responsibilities of the Acquisition Strategy Council,
which was established in place of the retired Partnership Council via a NASA
Executive Council decision on 10/16/2018
I.C.2.a, Headquarters
Stakeholder Ofces
Updated the reference from “NASA Partnership Council” to “NASA Acquisi-
tion Strategy Council”
I.D.5, Real Property Out-grants Pricing terminology change from “overhead costs” to “indirect costs”
II.A.1.c, Tools for
Communicating Available
NASA Resources and
Opportunities, Including NASA
Technology
Corrected formatting issue regarding redundant text
II.A.2, Funding Incorporated clarications from Agency OCFO Policy Ofce
II.A.3, Pricing Incorporated additional general guideline information pertaining to pricing
of reimbursable agreements, pursuant to a 6/28/2019 Acquisition Strategy
Council decision. Incorporated clarications from Agency OCFO Policy
Ofce
II.A.6, Partnerships Benetting
Foreign Commercial Entities
Updated the reference from “NASA Partnership Council” to “NASA Acquisi-
tion Strategy Council”
II.A.12, Term of Agreements Added a sentence stating that, for Annexes under umbrella agreements, the
term of the Annex may not extend past the end date of the umbrella agree-
ment under which it is issued
II.A.13, Agreement
Administration
Added new section to address effective agreement administration and best
practices
III.A, Summary Table of
Agreement Types/Legal
Authorities Available for
Partnerships
Corrected legal authority citations for certain international agreements
III.B.3, Providing Reimbursable
Services to Foreign Partners
Revised text to clarify the agreement formulation timeline and coordination
protocols for processing such agreements
III.C.3, Nonreimbursable
Activities with Foreign Partners
Revised text to clarify the agreement formulation timeline and coordination
protocols for processing such agreements
IV.A.2, NASA Agreement
Manager Role
Claried the NASA Agreement Manager’s role in the administration of part-
nership agreements
IV.A.4, Headquarters Abstract
Review Process
Incorporated a new mandatory abstract submission criterion for proposed
reimbursable agreements that are priced at less than full cost, pursuant
to a 6/28/2019 Acquisition Strategy Council decision. Incorporated a new
“generally not required” criterion for short duration workshops/conferences
hosted by NASA Centers. Claried that the “generally not required” criterion
for wind tunnel test services for U.S. industry is only for fully reimbursable
agreements. Claried the mandatory criterion relating to foreign entity in-
volvement. Added footnote regarding need for OIIR review of all interagency
agreements pursuant to NPD 1050.1
IV.A.5, Partnership Council
Early Awareness and Vetting
Deleted section in its entirety as this was not carried over as a function of
the successor Acquisition Strategy Council; section now marked “RE-
SERVED” to preserve section numbering continuity
IV.A.6, Notice of Signicant
Partnership Action
Deleted reference to procedures addressed in Section IV.A.5, which is de-
leted in its entirety, and updated a reference to the now-retired Partnership
Council
IV.A.9, Agreements for
Classied Activities
Added text cautioning not to include ANY information in PAM (e.g., dummy
records to facilitate funding receipts under reimbursable activities) pertaining
to classied activities
IV.A.10, Umbrella Agreements Added text stating that all annexes issued under a UA must cite a legal
authority or authorities based on the legal authority or authorities cited in the
UA. Added sentence stating that the term of an Annex may not extend past
the end date of the umbrella agree ment under which it is issued
V.A, System Tools Updated description of the Partnership Agreement Maker (PAM) training
modules available via SATERN
V.C, Interagency Partnerships
Liaison Team Forum
Corrected name of forum by adding the word “Team”
V.D, Agency Partnerships
Ofces Roundtable Forum
Corrected name of forum by changing “Ofce” to “Ofces”
V.E, Web Sites Deleted reference to Partnership Council Web site. Added reference to
Acquisition Strategy Council Web site.
VI, Acronyms Added acronym for ASC (Acquisition Strategy Council) and APOR (Agency
Partnerships Ofces Roundtable). Changed “Kennedy Space Center’s” to
“Kennedy Space Center.” Corrected “IPL” denition
VI.C, Appendices Added Appendix 5, “General Guidelines for Pricing Reimbursable Agree-
ments,” as referenced in guide section II.A.3, Pricing
1
I. Overview
A. Introduction and Purpose
In support of its mission, NASA regularly partners with industry;
academia and nonprots; government agencies at the federal, state,
and local levels; and international entities. NASA’s external partner-
ships function is a key component of the Agency’s operating model.
is guide is intended as a plain language reference resource for NASA
researchers, engineers, scientists, and other NASA personnel to use when contemplating external
partnership opportunities. e guide does not set new policy or supersede existing Agency partner-
ship guidance. Rather, it references and integrates existing policy and procedural guidance to create a
comprehensive how-to resource based upon the objectives of the partnership being contemplated.
e term partnership has various meanings throughout NASA depending on the context. For purposes
of this guide, all references to partnerships mean activities with external entities done under the Other
Transactions Authority (OTA) section of the National Aeronautics and Space Act (the Space Act) or
under other specic partnering authorities, such as the Commercial Space Launch Act (CSLA). It does
not include intra-NASA activities such as Center-to-Center or Headquarters-Center arrangements. Nor
does it include procurement (contracting) activities, which must by law be conducted via procurement
procedures as spelled out in the Federal Acquisition Regulation (FAR), NASA FAR Supplement, and
other Federal and Agency procurement guidance. NASA does not acquire goods and services for the
direct benet of the Government through OTA partnership mechanisms. Finally, it does not include
grant and cooperative agreement nancial assistance activities, which must be conducted in accordance
with Oce of Management and Budget guidance, the NASA Grant and Cooperative Agreement Manual,
and other Federal and Agency guidance.
1
NASA Partnerships Guide
This guide references
and integrates existing
policy and procedural
guidance to create
a comprehensive
how-to resource.
1
For guidance on the acquisition of goods and services using procurement mechanisms, or on the use of grants and cooperative agreements, please
see the NASA Ofce of Procurement Web site at: http://www.hq.nasa.gov/ofce/procurement.
2
B. Partnership Strategic Goals and Objectives
NASA is the United States’ civilian space agency and is dedicated
to aeronautical and space activities for peaceful purposes for
the benet of all humankind. NASA has broad authority to
enter into a wide range of dierent types of agreements and
other transactions. When considering partnerships as a means
of advancing NASA goals, it is incumbent upon the Agency to
use them judiciously, strategically, and in a manner consistent with
applicable national statutes, policies, and priorities.
is section discusses NASA’s primary partnership objectives and how
the Agency engages in partnerships to accomplish those objectives. It describes several key themes and
provides relevant examples to explain why NASA engages in specic types of partnerships.
NASA has several primary strategic partnership objectives, which help ensure that partnership activities
are aligned with the Agency’s mission, vision, goals, and objectives, as stated in its strategic plan.
NASA’s partnerships are instrumental in supporting NASA’s strategic plan and Agency objectives,
including expanding human knowledge; advancing U.S. competitiveness; encouraging mutually bene-
cial cooperation with other nations; disseminating the results of NASA’s activities to educate and inspire;
and facilitating the ecient use and management of Agency infrastructure and capabilities.
1. Utilizing Partnerships in Support of NASA’s Strategic Goals and Objectives
NASA utilizes partnerships in support of the Agency’s missions and programs of record as identied in
the current NASA strategic plan. NASA uses the strategic plan to align resources to accomplish our goals
in the best way possible. Some examples include:
• Encouraging a robust commercial space industry. NASA is leveraging its partnerships with the
U.S. commercial space sector to lower launch costs and create more opportunities for commercial
space ight.
• Addressing critical problems such as air trac capacity and the environmental eects of air trac
to safely enable the next generation of air transportation. NASA is working closely with the U.S.
Federal Aviation Administration (FAA) and other partners in several areas toward this end.
• Exchanging mutually benecial knowledge and information to spur innovation and incentivize the
creation of new markets while supporting NASA science and technology goals. For example, NASA
partners with U.S. industry partners to test experimental materials and share the resulting data.
2. Expanding Human Knowledge
e science and technology community is vast and widely distributed throughout the Nation and the
world. NASA partners with this global network to extend the reach of its scientic endeavors. Such
collaboration is essential in addressing scientic and technical challenges that are inherently global and
interrelated. Some examples include:
• Increasing the pace of scientic progress by providing timely, open access to data from NASA’s
science missions. NASA establishes and maintains eective partnerships to share the data
collected and results generated by its science missions, and the Agency encourages other nations to
do the same.
NASA’s partnerships
are instrumental in
supporting NASA’s
strategic plan and
Agency objectives…
3
• Enabling access to global science data and results to improve products and services in areas such
as air quality, climate research, disaster management, agricultural projections, and aviation e-
ciency and safety.
• Collaborating with the U.S. National Oceanic and Atmospheric Administration, U.S. Geological
Survey, and other entities to apply unique NASA expertise in space systems. Such partnerships are
critical for the development and launch of the next generation of civil operational Earth- observ-
ing satellites to broaden our understanding of our home planet’s environment.
• Partnering with various institutions in the planning and implementation of planetary exploration
programs to Mars and other destinations in our solar system, missions to explore the history of
our universe, and spacecra to observe and study our sun. ese signicant partnerships address
the Agency’s broadest objectives for science and exploration, while sharing the risks and costs, as
well as advancing innovation and discovery.
• Encouraging the peaceful utilization of space for scientic discovery and environmental moni-
toring and regularly working with partners to identify opportunities for sharing scientic
instruments and other mission capabilities to maximize scientic outcomes.
• Exploring partnerships beyond the traditional aerospace/aeronautics industry to leverage
advances and best practices in energy innovation, autonomy, and other fast developing technology
sectors.
3. Advancing U.S. Competitiveness
By supporting the development and utilization of new knowledge and technologies by its domestic part-
ners, NASA improves America’s industrial supply chain, maximizes the U.S. taxpayers’ return from their
investment in NASA research and development, and leverages private sector approaches to develop and
commercialize technology.
ese types of partnerships include technology transfer activities such as licensing of NASA technolo-
gies, sharing soware, disseminating know-how and technical information, technical support for entities
seeking to utilize NASA technology and unique expertise, and other support relating to NASA technol-
ogies. Some examples include:
• Developing the technology needed to support exploration, address challenges in aeronautics,
and air trac management, and improve our ability to make scientic discoveries. For instance,
collaboration opportunities with other government agencies and industries not traditionally
associated with aeronautics or space are envisioned in the areas of energy innovation, autonomy,
and other fast-developing sectors. Similarly, NASA benets from partnering with others to address
common technical barriers and explore innovative uses of commercial products and approaches
that could have application to NASA’s missions.
• Leveraging NASA’s investments to create aerospace technology and unique expertise in ways that
improve life on Earth and support U.S. innovation, which provides a return to the U.S. taxpayer in
the form of new products and services, job creation, and improved quality of life.
4
4. Encouraging Mutually Benecial Cooperation with Other Nations
NASA encourages mutually benecial foreign participation in its programs, projects, and activities when
such participation is appropriate and signicantly enhances technical, scientic, economic, or foreign
policy benets. Some examples of NASA’s international partnerships include:
• Nonreimbursable (no exchange of funds) international agreements for a large multilat-
eral program: e United States is a party to the 1998 Agreement among the Government of
Canada, Governments of the Member States of the European Space Agency, the Government
of Japan, the Government of the Russian Federation and the Government of the United States
of America concerning Cooperation on the Civil International Space Station (also known as
the Intergovernmental Agreement or IGA). NASA entered into bilateral 1998 Memoranda of
Understanding (MOUs) with Roscosmos, the European Space Agency, the Canadian Space Agency
and the Government of Japan. ese agreements and subsequent agreements provide for the
assembly and operation of the International Space Station.
• Nonreimbursable international agreements for bilateral, instrument-level cooperation: Perhaps
the most common form of international cooperation on ight projects (whether they be space-
ight, airborne, or suborbital missions), agreements by which a foreign partner contributes
subsystems or science instruments to a NASA-led mission or, alternatively, agreements by which
NASA contributes subsystems or science instruments to a partner-led mission. Examples include
Spain’s provision of the Rover Environmental Monitoring Station weather monitoring station to
the NASA Mars Science Laboratory Curiosity rover, or the Canadian Space Agency’s contribu-
tion of the Alpha Particle X-Ray Spectrometer to Curiosity. NASA has many examples of similar
contributions to foreign led ight projects. Each of these contributions improves the overall
science return of the particular mission, while enabling the instrument providers to participate as
members of the mission science team.
• Nonreimbursable international agreements to support visiting research: NASA enters into agree-
ments with international partner organizations to support researcher activities requiring access to
NASA and non-NASA facilities for more than 29 days.
• Joint Science and Technology Research Agreements: NASA also enters into many nonreimbursable
agreements focused on advancing fundamental research where the contributions of the partners
generally involve a pairing of unique facilities or expertise toward a common research interest.
Examples include NASA use of international shock tunnels to conduct fundamental hypersonics
research; the use of NASA or international partner test facilities to investigate the aerodynamic
degradation resulting from the ice accretion on aircra, or the joint testing of novel, lightweight
materials for potential future aerospace applications.
• Data Sharing Agreements: Another type of cooperation involves NASA engaging in data
exchanges with a foreign partner. An example would be NASA and its partner utilizing their inde-
pendent computational uid dynamics (CFD) modeling capabilities to process a jointly dened
hypothetical ight demonstration measuring the performance of cryogenic fuels on orbit. By
comparing the results of the test run, each party can improve the predictive capabilities of its CFD
models.
• Reimbursable international agreements: NASA enters into a wide variety of reimbursable agree-
ments with foreign entities. Most commonly, such agreements involve the foreign partner’s use of
NASA facilities on a noninterference basis. Examples range from use of NASA wind tunnels to the
training of international astronauts.
5
5. Disseminating the Results of NASA’s Activities to Educate and Inspire
NASA is committed to eectively performing the Agency’s mission to “provide for the widest practica-
ble and appropriate dissemination of information concerning its activities and the results thereof,” and
to enhance public understanding of, and participation in, the Nation’s aeronautics and space programs.
NASA’s unique missions, discoveries, and assets educate and inspire learners of all ages in science, tech-
nology, engineering, and mathematics (STEM).
e Agency encourages the establishment of partnerships that broadly communicate the benets of
NASA activities to educate and inspire the public. ese types of partnerships include: facilitating
community-based research and citizen science through schools, museums, industry, and nonprots;
innovative use of mobile technologies to disseminate information and engage the public; partnering
with other federal agencies to leverage assets and expertise in STEM education; stimulating participation
in NASA’s missions through challenges, student competitions, educator professional development, and
social media; and increasing STEM capabilities at formal and informal education institutions, includ-
ing youth serving organizations, by incorporating content based on NASA’s missions. rough these
partnerships NASA is able to reach and inuence a diverse new generation of aeronautics and space
enthusiasts.
6. Facilitating Efcient Use and Management of Agency Infrastructure
and Capabilities
e Agency’s non-excess, underutilized capabilities can be made available to partners in a variety of ways
that are aligned with NASA’s mission. By allowing partner access to these capabilities, NASA is able to
retain key resources that, although currently underutilized, are required for future missions. In addition,
such partnerships serve several other purposes, such as:
• Providing opportunities for government agencies, commercial rms, international entities, and
other external organizations to take advantage of unique NASA facilities and capabilities.
• Enabling NASA to recoup applicable Operations & Maintenance costs for such infrastructure and
capabilities, allowing for a more ecient use of Agency resources toward NASA’s mission.
• When appropriate, enabling partners to benet from use of unique resources without having to
make their own investment to develop redundant capabilities.
• Facilitating NASA’s ability to eectively respond to Federal policies aimed at increasing the
sustainability of U.S. Government operations (such as renewable energy, energy conservation,
waste reduction, and so on).
• In considering such partnership opportunities, however, NASA personnel should be mindful that
NASA must not create new permanent in-house capabilities that are solely to accommodate poten-
tial partners’ requirements. Likewise, NASA must not retain capabilities that are not reasonably
expected to be needed by NASA in the future. Truly excess capabilities should be disposed of in
accordance with Federal and Agency guidelines.
6
C. Organizational Roles and Responsibilities
1. NASA Acquisition Strategy Council
e Acquisition Strategy Council (ASC), chaired by the NASA
Associate Administrator, serves as the Agency’s senior deci-
sion-making body for matters of long-term, annual, and tactical
acquisition strategy planning; and for matters of policy and
performance assessment pertaining to the Agency’s acquisition
approaches, including through the use of partnerships as described
in this guide. Primary functions of the ASC in relation to partnerships
include:
• Guiding analysis of alternatives and deciding acquisition strategy for
certain major partnerships;
• Deciding authority to proceed with certain external partnerships based on established Agency
thresholds, and adjudicating partnership issues that cannot be resolved at lower levels;
• Deciding new issues of Agency partnership policy surfaced by proposed partnerships; and
• Deciding signicant changes to Agency partnership policy, as recommended by the Director of
the NASA Partnership Oce or the Associate Administrator for International and Interagency
Relations.
e scope and authority of the ASC encompasses all Agency partnerships, except for classied inter-
agency partnerships. Classied interagency partnerships are vetted and handled by the Headquarters
Oce of International and Interagency Relations (OIIR) (see this guide’s Section IV.A.9, Agreements for
Classied Activities).
e ASC charter is included in Section 3.5 of NPD 1000.3E, e NASA Organization, which is available
in NODIS here: https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=1000&s=3E. Also, additional
information about the ASC is available via the ASC InsideNASA Web page here: https://inside.nasa.gov/
web/insidenasa/acquisition-strategy-council.html.
2. Headquarters Stakeholder Ofces
External partnerships oen involve cross-cutting issues aecting multiple institutional and program-
matic areas. Consequently, there are multiple Headquarters stakeholder organizations involved with
partnership matters. Examples of typical Headquarters stakeholder oces and their involvement with
partnerships are as follows:
a. Partnership Ofce
e NASA Partnership Oce, within the Mission Support Directorate, provides policy guidance,
operational support, advocacy, and training for the Agency’s external partnerships function (except
for interagency, international, and classied partnerships, which fall under NASA Headquarters
Oce of International and Interagency Relations (OIIR)). e Partnership Oce also provides
analytical decision support to the NASA Acquisition Strategy Council and helps implement the
decisions of the Acquisition Strategy Council through day-to-day operational work.
NASA’s partnership
activities are
typically cross-
cutting and involve
multiple stakeholder
organizations.
7
b. Mission Directorates
e Aeronautics Research, Human Exploration and Operations, Science, and Space Technology
Mission Directorates are responsible for managing NASA’s programs and projects. Many of NASA’s
partnerships directly benet or otherwise impact programmatic areas managed by the Mission
Directorates.
c. Ofce of Communications
e Oce of Communications (OComm) is responsible for overseeing Agency communications
strategy and planning and executing NASA Headquarters communication (public aairs and public
engagement) functions. OComm initiates and manages strategic partnerships, and provides guid-
ance to other organizations for prospective and existing partnerships focusing on communicating
with and engaging the public and other stakeholders. In addition, OComm is responsible for use of
the NASA Insignia and other NASA program identiers and, together with the Oce of the General
Counsel, implements the established regulations and guidelines pertaining to the use of NASA iden-
tiers in any collaborative eort.
d. Ofce of the General Counsel
e Oce of the General Counsel (OGC) establishes Agency-wide legal policy, provides legal advice,
assistance, and Agency-wide functional guidance, ensures the appropriateness of all legal actions and
activities Agency wide, and provides binding formal legal opinions on Agency matters. For partner-
ships, this includes, but is not limited to, reviewing and providing legal guidance and concurrence for
agreements when required by Agency policy to ensure their compliance with applicable laws, regula-
tions, and NASA policies.
e. Ofce of International and Interagency Relations
e Oce of International and Interagency Relations (OIIR) provides executive leadership and
overall policy coordination for all of NASA’s international projects and is responsible for draing,
negotiating, executing, amending, terminating, and providing oversight of international agreements.
OIIR is responsible for the review of all NASA interagency agreements (IAAs). In addition, OIIR is
responsible for coordination and tracking of all classied IAAs.
f. Ofce of Strategic Infrastructure
e Oce of Strategic Infrastructure (OSI), within the Mission Support Directorate, provides execu-
tive and functional leadership, policy, institutional authority, and oversight for Agency infrastructure.
Specic areas under OSI’s span of responsibility include facilities engineering and real property,
environmental management, logistics management, aircra management, strategic capabilities assets
management, and integrated asset management. External partnerships oen involve one or more of
those areas.
g. Ofce of the Chief Financial Ofcer
e Oce of the Chief Financial Ocer (OCFO) provides leadership for the planning, analysis,
justication, control, and reporting of Agency scal resources. e OCFO also oversees nancial
management activities relating to the programs and operations of the Agency, among other duties.
8
h. Ofce of the Chief Information Ofcer
e Oce of the Chief Information Ocer (OCO) provides leadership, planning, policy direction,
and oversight for the management of NASA information and all NASA information technology (IT).
e CIO is the principal advisor to the Administrator and other senior ocials on matters pertaining
to information technology, the NASA Enterprise Architecture, IT security, records management, and
privacy. In regard to partnerships, OCIO is a key stakeholder oce in helping to ensure that IT chal-
lenges and Federal IT requirements, particularly IT security matters, are appropriately considered
and addressed for Agency partnership activities.
i. Other Headquarters Ofces
Various other Administrator Sta Oces (such as the Oces of Chief Health and Medical Ocer,
Education, and Safety and Mission Assurance) direct, manage and provide policy guidance and over-
sight of their respective areas for the Agency.
3. NASA Centers
External partnerships oen involve cross-cutting issues aecting multiple institutional and program-
matic areas. ere are multiple stakeholder organizations within each NASA Center involved in
partnership matters. Examples of typical Center stakeholder oces and their involvement with partner-
ships are as follows:
a. Center Partnership Ofces
e Center Partnerships Oces develop and cultivate many of the Agency’s external partner-
ship opportunities. NASA’s public partnerships Web site, which identies the respective Agency
Partnership Oces and serves as a useful reference for prospective partners, is http://www.nasa.gov/
partnerships.html.
b. Other Center Stakeholder Ofces
In addition to the respective Center Partnership Oces, there are numerous stakeholder oces
within each Center that are responsible for managing aspects of the partnership process or that
could otherwise be impacted by external partnership activities (for examples, Oces of the Chief
Counsel, Chief Financial Ocer, Education, Safety & Mission Assurance, and so on). Centers should
coordinate internally with any potentially aected Center organization prior to committing to any
prospective partnership or, when necessary, before sending a prospective partnership opportunity to
Headquarters for review.
4. External (Non-NASA) Stakeholders
ere are many external stakeholders involved with NASA’s partnerships activities including various
domestic and foreign governmental and nongovernmental entities. Also, in addition to NASA’s inde-
pendent oversight organization, the Oce of Inspector General, the Agency’s partnerships activities
are subject to review and oversight by various external entities including the Oce of Management and
Budget, the Congress, the Government Accountability Oce, and others.
9
D. Types of Partnerships
1. Reimbursable
Agreements where NASA’s costs associated with the activity
are reimbursed by the agreement partner (in full or in part)
are referred to as reimbursable agreements. NASA undertakes
reimbursable agreements when it has unique goods, services, or
facilities that are not currently being fully utilized to accomplish
mission needs. ese assets may be made available to others on a
noninterference basis and consistent with the Agency’s missions and
policies.
NASA may choose to waive costs under a reimbursable agreement when
the signing ocial determines that there is sucient benet gained by NASA as a result of performing
the reimbursable work for the partner. However, in some cases, for instance when the level of NASA’s
reimbursement is legally-dened (“actual cost” or “direct cost”), it may be necessary to cover the activi-
ties benetting NASA under a separate collaborative agreement. See this guide’s Section II.A.3, Pricing,
or NASA Procedural Requirement (NPR) 9090.1, Reimbursable Agreements, for further information on
waived costs under reimbursable agreements.
2. Nonreimbursable
Agreements that involve NASA and one or more partners working together in a mutually benecial
activity that furthers the Agency’s missions are referred to as nonreimbursable agreements. Unlike reim-
bursable agreements, each party bears the cost of its participation and no funds are exchanged between
the parties. Nonreimbursable agreements may not be used as barter arrangements for exchanging goods
and services. However, there is an exception for certain international agreements that may involve
bartering, such as NASA’s multilateral agreements with International Space Station partners, which are
done under special authorities and processes.
3. Other Forms of Partnership Agreements
In limited circumstances, NASA may need to use its “other transactions” authority to enter into part-
nership agreements other than reimbursable or nonreimbursable agreements. ese other agreement
types are typically used to directly advance one or more of NASA’s statutory objectives under the Space
Act and are available only when the Agency’s objectives cannot be accomplished through the use of a
procurement contract, cooperative agreement, grant, or other form of partnership agreement.
ese other types of relationships have been used to facilitate NASA’s support for the development
of commercial space capabilities to advance NASA’s statutory direction to “seek and encourage…
the fullest commercial use of space” by providing either nancial or in-kind support to commercial
companies. For example, NASA has used “funded agreements” to allow the Agency to invest in the
development of commercial space transportation capabilities to transport cargo and crew to low-Earth
orbit. However, NASA is not authorized to use this type of funded agreement to support development
that specically meets NASA requirements or to acquire services from a partner. Another example is
when NASA assisted development of commercial space transportation capabilities to transport cargo
and crew through in-kind support where no funds were exchanged. ese are commonly referred to as
“no-funds-exchanged” or “unfunded” agreements.
There are a variety of
partnership agreement
types available, depending
on the objectives and
circumstances of
the partnership.
10
Such alternative uses of NASA’s other-transactions authority are undertaken by, and must be coordinated
with, the highest levels of the Agency, including the Oce of General Counsel. Typically, they are limited to
activities undertaken with U.S. domestic partners and are not available for NASA’s international activities.
Selection of potential partners should be done through a competitive process when the agreement is
intended to provide a commercial benet or advantage to the partner. In almost all cases, the competitive
announcement and agreement format for these activities are developed specically to accommodate a
particular purpose or goal and consultation with legal counsel is required.
4. Equipment Loans
Per NASA Procedural Requirements (NPR) 4200.1, NASA Equipment Management Procedural
Requirements, equipment is dened as a tangible asset that is functionally complete for its intended
purpose, durable, and nonexpendable. Equipment is not intended for sale and does not ordinarily lose its
identity or become a component part of another article when put in use. Equipment includes all items of
property congured as mechanical, electrical, or electronic tools and apparatuses that have a useful life
of two years or more and are not consumed or expended in an experiment. Soware is not equipment.
NASA does not loan supplies and materials.
On occasion, government equipment (as dened above) is loaned to a partner in support of a partnership
activity. e partner’s obligation to NASA must be spelled out in the governing agreement document.
NPD 4200.1 requires that all loans of government equipment be done pursuant to NASA Form 893 (NF
893), which facilitates the ecient execution of the loan and NASA’s continuous inventory management
of the equipment. NF 893 serves to document the equipment accountability record between NASA and
the partner for the loan of the government equipment, and is a separate document in support of the part-
nership agreement. An NF 893 is not sucient to loan government property to an international entity.
An international agreement is required to loan government property to an international entity, in addi-
tion to the NF 893.
Although there are many scenarios involving equipment loans, one common scenario involves the
loan of NASA exhibits and artifacts. In addition to the guidance referenced above, Agency personnel
proposing to loan exhibits or artifacts should also consult NPD 1387.1, NASA Exhibits Program, and the
associated procedures outlined in NPR 1387.1, NASA Exhibits Program. Partnerships involving NASA
exhibits or artifacts are further discussed in Section II.B.2.f of this guide.
5. Real Property Out-grants
NASA can enter into out-grants, which are real estate agreements granting the temporary use of NASA
real property to another party. All use of NASA real property assets by others must be covered by some
type of out-grant agreement.
a. Types of Real Property Out-grants
NASA out-grants of real property can be made using one of several available authorities such as the
other- transactions authority of the Space Act, the Commercial Space Launch Act (CSLA), or the
National Historic Preservation Act (NHPA). e granting of NASA real property use to another
party can take several forms, such as:
1. Enhanced Use Lease (EUL) Agreement: An out-grant with a public or private entity for the
use of NASA-owned underutilized real property that allows NASA to retain and use the
proceeds from the agreement in certain ways. e consideration paid by the public or private
entity shall be at fair market value.
11
2. CSLA: Another option for Centers with space launch capabilities is to out-grant improved real
property that has been built for or used in launch preparation or launch of a launch vehicle to
commercial entities. An important consideration with CSLA agreements is that the authority
precludes the Federal agency from recouping indirect costs (for example, Center Management
and Operations (CMO) costs) from the partner.
3. NHPA Agreement: Authorizes Federal agencies to lease historic property and retain the
resulting proceeds for the preservation of the agency’s historic properties.
4. Commercial Antenna Siting arrangements: NASA may make buildings and lands available
for the siting of commercial antennas, in accordance with federal, state, and local laws and
regulations and consistent with national security concerns. Antenna sites are made available
on a fair, reasonable, competitive, and nondiscriminatory basis with a bias toward granting
a request, unless there are unavoidable conicts with NASA’s mission. Commercial antenna
siting arrangements are implemented through EUL agreements (see above).
5. Lease: A written agreement between NASA and a tenant that grants the tenant a lease-
hold interest in the NASA real property for a specied period of time in exchange for
consideration.
6. Use Permit: A type of out-grant to permit a partner to use a NASA facility for a specic
limited use.
7. Easement: A right of way giving persons other than the owner access to or over a property. An
easement, like a license, gives the owner’s permission to use or prevent the use of the owner’s
real property. However, unlike a license, it transfers to the easement holder an interest in the
real property that encumbers the record title. Easements are classied as either appurtenant
(benetting and transferable with a specic piece of real property) or in gross (personal to
the grantee). An easement can be transferred. Unless otherwise specied, an easement is
presumed to be permanent and nonexclusive.
8. Concessionaire Agreement: A concessionaire agreement is a negotiated contract between a
company and a government that gives the company the right to operate a specic business
within the government’s jurisdiction, subject to certain conditions.
9. License: A license gives an individual or other entity permission to use real property for
a specic purpose. Unlike a lease, it does not transfer an interest in the real property. It is
personal to the licensee and any attempt to transfer the license terminates it. It is (usually)
revocable and can be either exclusive or nonexclusive.
10. Facilities Use Agreement: A facilities use agreement is an agreement executed between an
institution and an entity granting access to the institution’s facilities. By this agreement,
access is granted to an institution’s laboratories and research equipment.
11. Interagency Agreement: An interagency agreement is a type of in-grant or out-grant agree-
ment instrument that allows a Federal agency to use another Federal agency’s real property
for a specied period.
Further information on these agreement types, as well as requirements and processes for Centers to
obtain NASA Headquarters’ approval to enter into real estate agreements, can be found in NASA
Procedural Requirements (NPR) 8800.15C, Real Estate Management Program.
12
b. Authority
e Space Act authorizes NASA to grant leaseholds, permits, and licenses in real property (land,
buildings, other structures and improvements, appurtenances, and xtures). Per 14 Code of Federal
Regulations (CFR) 1204.504, this authority is delegated to the Assistant Administrator for Strategic
Infrastructure and the Director, Facilities Engineering, and Real Property Division.
i. Redelegation Of Local Authority
Center Directors, with respect to real property under their custody and control, may grant a
leasehold, permit, or license to any person or organization, including other Federal agencies, a
state, or political subdivision or agency.
ere is no local authority to lease property o of the Center or for Enhanced Use Lease
agreements.
ii. Requirements For Exercising Local Authority
1. e Center Director determines the property interest to be granted is not required for NASA
programs.
2. e Center Director determines that the grantee’s exercise of the rights granted will not inter-
fere with NASA operations.
3. e value of the compensation or benet (fair value of money) received by NASA as consider-
ation is determined to be fair and reasonable for the usage granted.
4. e lease/agreement term does not exceed ve years (including options to extend).
5. e lease provides for termination of agreement, in whole or in part, and without cost to the
Government upon either:
• Failure of the grantee to comply with any term or condition of the grant; or
• A determination by the Associate Administrator for the Oce of Strategic Infrastructure,
the Director of FRED, or the Director of the eld installation concerned that the inter-
ests of the national space program, the national defense, or the public welfare require the
termination of the grant.
ere is no local or Center authority for in-grants — the nonpermanent transfer of real property
rights to NASA by means of lease, easement, permit, license, or other agreement — where NASA is
leasing from another entity.
Approving Organization POC for agreements requiring Headquarters approval:
Kristy J. Thompson
Chief, Real Estate Branch Facilities and Real Estate Division
Ofce of Strategic Infrastructure NASA Headquarters
Washington, DC 20546
Email: kristy.j.thompson@nasa.gov
Ofce Phone: 202-358-3253
http://www.hq.nasa.gov/ofce/codej/codejx/jxstaff_planning.html
References
• NPR 8800.15, Real Estate Management Program
• NPD 8800.14, Policy for Real Estate Management
• Title 51, U.S.C. Section 20101 et seq., the National Aeronautics and Space Act:
• Section 20112, Functions of the Administration
• Section 20113, Powers of the Administration in performance of functions
13
• 14 CFR, Section 1204.501, Delegation of authority to take actions in real estate and related matters
• 14 CFR, Section 1204.503, Delegation of authority to grant easements
• 14 CFR, Section 1204.504, Delegation of authority to grant leaseholds, permits, and licenses in real property
• NPR 9090.1, Reimbursable Agreements
• NPR 9250.1, Property, Plant, and Equipment and Operating Materials and Supplies
• Title 31 U.S.C. Section 1535, the Economy Act
• Title 54 U.S.C. Sections 306121-306122, Federal Agency Historic Preservation Responsibilities, Subchapter II—
Lease, Exchange, or Management of Historic Property
• NPR 8621.1, Mishap and Close Call Reporting, Investigating, and Recordkeeping
• NPR 8715.3, NASA General Safety Program Requirements
• NASA-STD 8719.7, Facility System Safety Guidebook
6. Commercializing NASA Technology
Written into the founding legislation that created NASA in 1958 is a directive from Congress to ensure
that the technologies created for space exploration and aeronautics benet the whole of humanity.
rough technology transfer, NASA brings together the Agency’s most capable problem-solvers with
America’s brightest commercial and entrepreneurial leaders in partnerships that transfer groundbreak-
ing NASA technologies to the public, providing solutions for challenges in virtually every industry. Some
examples include:
• NASA licensed system-monitoring soware to a U.S. company. e soware mines years’ worth
of data samples from a given system to establish relationships between components, determine
a baseline for normal behavior, and detect any deviation from that norm that might indicate an
impending failure. e company enhanced the program’s presentation and developed its inte-
grated system health management products, which essentially give any system the ability to
verbalize symptoms before a failure occurs.
• First synthesized in the mid-1990s, boron nitride nanotubes are strong, lightweight, and heat-
resistant and absorb neutron and ultraviolet radiation — making them ideal spacecra heat
shields. But no method existed to create them in appreciable quantities until NASA accomplished
the feat in 2008. A U.S. company licensed the technology from NASA and is supplying the mate-
rial to other companies while working with NASA to further improve the production process.
e company can now synthesize 200 milligrams of the nanomaterial per hour, many times the
volume of previous methods.
• Under a Space Act Agreement with NASA, a U.S. company pioneered an advanced ber-optic
monitoring system for oshore oil pipelines. Now commercially available, the company’s sensors
are the rst of their kind: hypersensitive safety monitors that can be retrotted on older subsea
pipelines thanks to a special adhesive tested and validated by NASA personnel. e company’s
sensors measure pressure, temperature, strain, and ow properties, giving energy companies
crucial data in real time and signicantly decreasing the risk of a catastrophe.
See Section III.E, Commercializing NASA Technology, for more detailed procedural information on this topic.
15
II. Considerations
for Partnerships
A. General Considerations for all Partnerships
1. Fairness, Transparency, and the Use of Competitive
Procedures
It is incumbent upon all NASA personnel involved in the partnership
process to ensure the fair and consistent implementation of all Agency
partnership agreements to avoid favoritism while providing equal access to
NASA resources and facilities.
a. Non-Exclusivity
In the majority of cases, equal access to NASA resources is provided through non-exclusive arrange-
ments where NASA may enter into similar agreements for the same or similar purpose with other
private or public entities. With this approach, future partners may work with NASA on similar terms
as existing partners, and in this manner, NASA avoids any favoritism or unequal access to Agency
resources and facilities. NASA is required, to the greatest extent practicable, to issue its Space Act
Agreements on a nonexclusive basis, and in a manner that ensures all non-government parties have
equal access to NASA resources. As a policy matter and prudent business practice, NASA applies this
same requirement to other partnership agreement instruments as well.
Unequal access and/or favoritism may occur when providing a partner access to NASA resources
and facilities without considering whether similar opportunities would be available to others seek-
ing similar arrangements with NASA. Limitations on providing similar arrangements to others in
the future may be based on few available, or qualied, personnel able to assist or collaborate with
a partner, a limited NASA commitment to that type of activity, or physical constraints based on a
requirement for the partner to use a specic facility or asset that is only useful if limited to one, or a
few. In fact, even where an agreement includes the “Nonexclusivity” clause stating that the agreement
is not exclusive, NASA may still nd itself in a position of providing unequal access or demonstrating
favoritism if NASA enters into a partnership with one entity and it would be impractical for NASA
to support a future partner in a like manner. In situations where it would be impractical for NASA to
support two or more partners under similar circumstances, the agreement is “essentially exclusive”
and should be implemented aer consideration of appropriate competitive procedures.
NASA’s requirement for fairness and transparency are bounded in law and regulation—
• A Federal employee shall act impartially and not give preferential treatment to any private organi-
zation or individual. (5 C.F.R. Section 2635.101).
• An employee shall not use or permit the use of his/her Government position or title or any author-
ity associated with his/her public oce to endorse any product, service, or enterprise. (5 C.F.R.
Section 2635.702(c)).
• Public oce shall not be used for private gain. (5 C.F.R. Section 2635.101(b)(7).
While every
partnership is
different, there are
certain fundamental
considerations that must
be taken into account for
every partnership.
16
• NASA’s Space Act Agreements must, to the greatest extent practicable, ensure all non-government
parties have equal access to NASA resources (NASA Transition Authorization Act of 2017, P.L.
115-10, Section 841).
• NASA should avoid unjustiable favoritism, whether actual or perceived, in dealing with poten-
tial partners. Similarly situated persons should be treated alike and have equal access to NASA
resources. (NAII 1050.1, Chapter 1, Section 1.3)
• NASA’s Space Act Agreements should be issued, to the greatest extent practicable, on a non-ex-
clusive basis. If NASA determines an exclusive arrangement is necessary, to the greatest extent
practicable, NASA must utilize a competitive selection process and make a public announcement.
(NASA Transition Authorization Act of 2017, P.L. 115-10, Section 841).
• NASA must publicly disclose on a NASA Web site and make available in a searchable format each
Space Act Agreement, including an estimate of committed NASA resources and the expected
benets to Agency objectives for each agreement. e report must include a list of all anticipated
Space Act Agreements for the upcoming scal year. (NASA Transition Authorization Act of 2017,
P.L. 115-10, Section 841).
Abstracts are required to be submitted to the NASA Partnership Oce for HQ review for all
proposed exclusive and essentially exclusive partnership agreements, pursuant to Section IV.A.4,
Headquarters Abstract Review Process, of this guide. Such abstracts must identify the proposed part-
nership as exclusive or essentially exclusive, explain the circumstances of the proposed partnership
and why an exclusive or essentially exclusive arrangement is necessary, and describe plans for use of
announcements and/or competitive procedures, in addition to other required abstract content.
b. When to Use a Competitive Selection Process: Exclusivity, Direct Commercial Gain,
Out-Grants, or Other
Using competitive procedures is an eective tool for ensuring equal access to NASA facilities and
other unique Agency resources in situations where it would be impractical for NASA to support
two or more partners under similar circumstances (“essentially exclusive” agreement). Competitive
procedures, moreover, are required, to the greatest extent practicable, for all essentially exclusive
arrangements between NASA and a partner. (NASA Transition Authorization Act of 2017, P.L.
115-10, Section 841). Sometimes, exclusive arrangements may be the only practical path forward
because of resource limitations, and in those limited cases, competition must be used to the greatest
extent practicable to select the partner, as a means of ensuring equal access to NASA resources. is
process also provides NASA with insight into how the NASA resource may be optimally utilized in
the partnership. Even in cases where a private entity suggests (either formally through an unsolic-
ited proposal, or informally) a unique or proprietary concept for exclusive use of a NASA resource
including out-grants of property, it would still be appropriate to publicly announce and compete
the availability of the NASA resource for commercial use or gain. is will help ensure fairness
and provide NASA dierent options for optimal use of the resource. However, NASA must exercise
reasonable care not to reveal the unique or proprietary concept in any agency announcement. Such
situations will require close coordination with the Headquarters Oce of the General Counsel or
Center Oce of the Chief Counsel, as applicable. e extent of the competition, and the means of
announcing the competition and selecting the partner, will depend on the specic circumstances of
the particular partnership opportunity.
c. Tools for Communicating Available NASA Resources and Opportunities,
Including NASA Technology
NASA uses several tools to facilitate transparency and communications regarding its available
resources. In situations where an exclusive arrangement is necessary, competition should be used to
17
the greatest extent practicable to select the partner for reasons of fairness and transparency. Where
an exclusive partnership agreement is necessary, NASA must, to the greatest extent practicable,
issue a public announcement, and utilize a competitive process for selecting the partner. At a mini-
mum, NASA should utilize the Federal Business Opportunities (FedBizOpps) Web site for both the
announcement and the competition. Other posting resources may be used simultaneously as the
FedBizOpps Web site to ensure a wider readership. ese same tools are also available to facilitate
transparency and communications for planned “essentially exclusive” arrangements, which while
they are designated as non-exclusive, for practical reasons, NASA would be unable to support two or
more partners under similar circumstances. Moreover, these resources may prove useful for inform-
ing NASA how great an interest may exist outside the Agency for a particular asset or capability. e
extent of the competition, and the means of announcing the competition and selecting the partner,
will depend on the specic circumstances of the particular partnership opportunity.
ese tools include:
• Federal Business Opportunities (FedBizOpps) Web site: e FedBizOpps Web site (https://www.
o.gov) must be used to disseminate information on competitive opportunities. Postings can be
made in several forms, including a Notice of Availability (NOA), a Request for Information (RFI),
or an Announcement for Proposals (AFP). e NOA and RFI are most appropriate for market
research and data gathering on potential interest in a project. e AFP is a formal selection process
with stated evaluation factors and criteria for rating proposals. Examples of an NOA and an RFI
are provided as Appendices 1 and 2, respectively, of this guide. An example of an AFP is available
on the Partnerships Community of Practice (PCoP) Web site here: https://inside.nasa.gov/system/
les/sample_afp.docx.
• e Aerospace Technical Facility Inventory (ATFI): https://nrpi.hq.nasa.gov. is database
captures technical and other data for available NASA facilities. NASA has incorporated ATFI
into the NASA Engineering Network “Tools and Resources” tab so that it is available to NASA
Program Managers when developing partnership agreements.
• Data.gov: As part of the Lab-to-Market Cross-Agency Priority Goal, NASA posts machine- read-
able data from the ATFI on Data.gov. is allows external researchers, innovators, and companies
to nd data on NASA facilities.
• Federal Laboratory Consortium: https://www.federallabs.org. is resource facilitates technology
transfer and partnerships, in part, by listing NASA Center critical expertise.
• NASA’s TechPort System: TechPort is used for collecting and sharing information about NASA-
funded technology development. is system allows the public to discover the technologies NASA
is working on every day to explore space, understand the universe, and improve aeronautics.
NASA is developing technologies in areas such as propulsion, nanotechnology, robotics, and
human health. TechPort has helpful information on these technology projects, including descrip-
tions, images, and locations where work is being performed. e system is searchable so users
can nd technologies related to their specic interest. TechPort also has built-in analysis tools for
creating customized reports or exporting project details. NASA’s TechPort system is accessible at
techport.nasa.gov.
• Others: Public notices, industry briengs and other outreach forums may also be used to engage
potential partners and advertise unique NASA capabilities. Please consult with your organization’s
designated Agreement Manager, Partnership Oce, and/or legal oce for guidance and assistance
in using such tools as applicable to the specic circumstance.
18
Additionally, there are tools for partnership agreements involving the use of NASA owned patents
and/or computer soware. NASA provides notice of the availability of technologies suitable for
transfer and for opportunities for exclusive licensing. Such tools include NASA’s Technology Transfer
Portal, http://www.technology.nasa.gov. In addition, all center Twitter accounts have been consoli-
dated into one: @NASAsolutions. is account, along with the @NASASpino account, is updated
multiple times weekly. Further, new Tech Transfer promotions are announced in coordination with
the Agency Social Media team, and NASA’s Technology Transfer YouTube channel houses all market-
ing videos. For agreements associated with exclusive patent license agreements with the partner,
NASA complies with the provisions of 35 U.S.C. sec. 209(e) regarding the providing of public notice
in the Federal Register of NASA’s intent to enter into such exclusive license.
FAQs
Q: Are there any guidelines for minimum posting time for notices?
A: Generally, a minimum of 30 days is appropriate, but some situations might warrant more or less time. Consult with your Ofce of Chief/General Counsel
to ensure that the time period specied appropriately meets the intent of the transparency requirements in the NTAA and Agency guidance. Some Centers
have adopted the practice of posting Notices of Availability to ensure that potential partners have notice of partnership opportunities, which should generally
be sufcient. The Partnerships Ofce can support discussions among Centers on best practices and lessons learned to ensure the efcacy of Notices of
Availability.
Q: When is a partnership arrangement considered to be exclusive?
A: For most proposed activities, it should be clear whether the opportunity would constitute an exclusive or essentially exclusive arrangement partners
should have equitable access to NASA resources and facilities. Therefore, NASA’s arrangement with one partner shouldn’t preclude the Agency from
entering into a similar arrangement with a different partner. Such limitations regarding access to NASA’s resources and facilities may result from insufcient
space, limited availability of requisite expertise, conicting interests between partners, or even a desire to limit NASA’s investment by working with only one
or a few partners. Under such circumstances, for reasons of fairness and transparency, NASA should compete the opportunity before selecting a specic
partner.
On the other hand, not all facilities can be used at the same time by multiple partners. There will likely be scheduling conicts because many of NASA’s
facilities are in regular use. These circumstances necessitate NASA making choices between potential partners on a recurring basis. In deciding if the
resolution of a scheduling conict rises to the level of creating an exclusive or essentially exclusive arrangement, look to the following:
1. if the scheduling is administered in a fair manner so that all partners have equal opportunity,
2. if the duration of the conict is short,
3. if future opportunities will exist in a reasonable timeframe, and
4. if the nature of the commercial benet conferred on a Partner is not disproportionate to what others may obtain in the future.
If the four considerations are answered afrmatively, the scheduling conict would likely result in an opportunity being considered non-exclusive and would
not need to be competed. Where the answer to one or more of the four considerations is no — there is no fair scheduling process in place, the duration of
the conict is not short, future opportunities are very limited, or the commercial benet is exceptional, the opportunity should be competed consistent with
this guidance.
Q: Should I treat “essentially exclusive” agreements the same as exclusive agreements for purposes of fairness, transparency, and the use of competitive
procedures?
A: Yes, unless there is a compelling reason to treat them otherwise.
Q: How should I conduct a competition?
A: Depending on your goal, different mechanisms may be most appropriate. A Notice of Availability (NOA) is optimal in situations where NASA wants to
inform the public of the potential for using a NASA asset or capability. Where NASA would benet from knowing more about how a NASA asset or capability
could best be utilized by a partner, a Request for Information (RFI) might be a better choice because it provides non-NASA entities the opportunity to explain
their ideas to NASA. An Announcement for Proposals or partnership Opportunity (AFP) is issued where NASA has already determined the how, what, where,
and why of the partnership relationship sought, and seeks to make a partner selection through notication of a competition.
Q: Where should the competition documents be posted?
A: All agreement announcements, RFIs, and competitions must be published in the Federal Business Opportunities (FedBizOpps) so that there is consis-
tency of practice across the Agency. In addition, other public sites are available which may provide NASA the opportunity to reach a broader audience, or a
more specialized commercial sector. Postings can be published on multiple sites, at the Agency’s discretion. A list of public notice sites is included in this
section above.
Q: How many days should I post information/leave an RFI or a competition open?
A: A good rule of thumb is 30 days. However, particular circumstances may justify a shorter or longer period. In deciding what makes sense, ensure the
opportunity provides potential partners an adequate time to review and respond. Also, how large an audience are you hoping to reach? Provide sufcient
time for the opportunity to become widely known in situations where NASA may be unaware of who the stakeholders are for a particular opportunity. You
could also choose to post an opportunity for a long period of time, keeping the response date open for even a year or more, where there are multiple oppor-
tunities available. In this way, NASA remains aware of emerging commercial interests without needing to issue a competition for each separate opportunity.
19
2. Funding
In the context of partnership agreements, “funding” refers to the budget authority NASA uses to
conduct its responsibilities under the agreement (that is, the money that funds NASA activities under the
agreement).
NASA has two predominant types of funding authority: 1) direct funding — appropriations and 2) reim-
bursable funding — spending authority from osetting collections.
Appropriation (direct) funding is the budget NASA receives from congressional appropriations for
NASA’s own programs, projects, and administration thereof. Direct funding essentially pays for NASA’s
participation under nonreimbursable agreements and waived or excluded costs under reimbursable
agreements when NASA is authorized to accept less than full costs such as in the case of Commercial
Space Launch Act agreements.
Reimbursable funding (spending authority) is a dierent form of budget authority. Reimbursable funding
results from NASA’s authority to enter into agreements with other organizations, both Federal and non-
Federal, to accept nancial reimbursement for the cost of services or goods provided by NASA to the
partner. It is spending authority provided based on osetting collections, not appropriated funds (NPR
9470.1, Budget Execution).
a. Non-Federal Versus Federal Partners
A partner may either be a non-Federal or a Federal entity. Non-Federal partners include commercial
companies as well as state and local governmental entities and international entities. NASA nan-
cial policy and requirements governing reimbursable agreements with both types of partners are
provided in NPR 9090.1, Reimbursable Agreements.
i. Non-Federal Partners
For non-Federal reimbursable partners, NASA generally must obtain advance funding from
the partner before commencing work under the reimbursable partnership agreement. ere
are, however, some narrow exceptions. Where a non-Federal party demonstrates a nancial
hardship or legal restriction prohibiting advance payments, and is requesting that reimbursable
work commence in advance of the receipt of funds by NASA, a waiver is required and must be
approved by the Center Chief Financial Ocer (CFO) before work can commence. Such a waiver
may only be approved if the work is of a type that NASA could properly fund on its own and
funds are certied and allocated to account for costs that may accrue prior to the provision of
funds by the non-Federal party.
If the waiver of the advance payment requirement is approved by the Center CFO, the Center
must ensure that a valid source of direct program funding is available to fund reimbursable
work. A valid source of direct funding should be consistent with the intended purposes of direct
program funding in accordance with 31 U.S.C. §1301(a). If NASA makes or authorizes an expen-
diture or obligation without a valid source of funding or that is inconsistent with the intended
purpose, it could constitute a violation of the Antideciency Act.
20
ii. Federal Partners
By signing the reimbursable agreement, the Federal partner requesting services (requesting
agency) conrms that: (1) a bona de need exists; (2) the funding provided is appropriate for the
purpose(s) described in the agreement; (3) it meets time limitations (4) all unique funding and
procurement requirements, including all statutory and regulatory requirements applicable to the
funding being provided, have been disclosed to the servicing agency (NASA); and (5) all internal
reviews and approvals required by the requesting agency prior to transferring funds to NASA
have been completed.
While NASA accepts other agency ordering forms, to ensure completeness and accuracy of all
necessary nancial information, NASA OCFO recommends adhering to Treasury Department
guidance that reimbursable orders be executed using Treasury Forms 7600A and 7600B. See
Section III.B.2 of this guide.
When NASA is the requesting agency (that is, NASA is sending funds to another Federal agency
for an interagency acquisition under another agency’s procurement authority or for services
conducted by military or civil service workforce), those agreements are not considered part-
nership agreements in the context of this guide. Interagency acquisitions are subject to the
requirements of the Federal Acquisition Regulation and Agency procurement guidance issued
by the NASA Oce of Procurement. NASA personnel interested in initiating such arrangements
should contact their Center Procurement Oce for further guidance. Actions to acquire services
conducted by military or civil servant workforce are subject to OCFO guidance and NASA
personnel interested in initiating such arrangements should contact their Center OCFO for
further guidance.
b. Reimbursable Agreement Funding Considerations
i. Funding Under Multi-Center Agreements
If it is determined that multiple Centers will perform work under a reimbursable agreement,
agreement terms aecting the price to the partner (for example, use of a reduced Center
Management and Operations (CMO) rate) will apply to work performed at all NASA Centers
performing work under the agreement. Where a reduced CMO rate or waived costs are proposed,
the lead Center must negotiate with other involved Centers and obtain concurrences from the
involved Centers’ OCFOs.
ii. Cost Overruns
A cost overrun may occur if NASA’s costs charged to a reimbursable project are greater than the
amount of the advance funding or budget authority. To avoid this, costs on a reimbursable project
must be closely monitored to determine if additional funding should be requested from the part-
ner to prevent a cost overrun. See NPR 9090.1 for more information.
FAQs
Must all costs be included in the EPR even if the Center is planning to waive certain portions of costs? Yes.
Must Centers demonstrate adequate funding sources for all costs on the EPR? Yes, Centers must identify the source of funding for all costs waived on
a reimbursable agreement and for all costs on applicable nonreimbursable agreements.
References
NPR 9090.1, Reimbursable Agreements
NPR 9470.1, Budget Execution
21
3. Pricing
NASA has authority to allow others to use certain NASA services, facilities, personnel, expertise, and
equipment on a reimbursable basis. NASA policy and scal law principles generally require that reim-
bursable agreements be priced at NASA’s estimated full cost, although there are some exceptions. Prior
to considering exceptions to full cost pricing, however, NASA should always start by considering the
maximum allowable pricing for a given activity. In other words, as applicable for the activity, the order
of preference in pricing reimbursable partnership agreements is:
1) Fair Market Value pricing under Enhanced Use Lease (EUL) or National Historic Preservation Act
(NHPA) authorities, which allow NASA to retain the proceeds;
2) Full Cost under Space Act “Other Transactions,” Economy Act, or other applicable authorities; and
3) Less than full cost pricing through cost waivers or through use of Commercial Space Launch Act
(CSLA) authority, which precludes collection of indirect costs and therefore results in less than full
cost recovery for the Agency.
Consult this guide’s Appendix 5, General Guidelines for Pricing Reimbursable Agreements, for addi-
tional criteria to be considered for each of these pricing methodologies.
2
a. Estimated Price Report
An Estimated Price Report (EPR) is the template used for identifying NASA’s estimated full cost,
pricing adjustments, and the price to the partner.
While planning a reimbursable agreement, the lead NASA Center should determine whether any
of the work might be performed at other NASA Centers. As needed, the lead Center should coordi-
nate with other Centers to ensure that all participating Centers’ costs are reected in the EPR for the
agreement and will have requisite funding.
EPRs are required for: 1) reimbursable agreements (domestic and international); 2) domestic nonre-
imbursable agreements; and 3) international nonreimbursable agreements with private sector
partners. See NPR 9090.1, for additional information regarding the preparation of the EPR. Center
CFOs are responsible for reviewing and approving all EPRs. Where the price to the partner is less
than NASA’s direct cost, the Agency OCFO must also approve the EPR and justication. Refer to
NPR 9090.1for additional information regarding the EPR.
b. Full Cost Reimbursement
Full cost, as explained in NPR 9090.1, Reimbursable Agreements, is the estimated cost to NASA to
perform the specied work under an agreement. Full cost includes both direct costs and indirect
costs. Direct costs are costs that can be specically identied with an output and typically include:
(a) salaries and other benets for employees who work directly on the output and materials; and (b)
supplies used in the work. Indirect costs are costs of resources that are jointly or commonly used to
produce two or more types of outputs but are not specically identiable with any of the outputs (e.g.,
Center Management and Operations (CMO) costs). e full cost for an agreement is the sum of:
(1) the costs of resources consumed by the goods or services provided or produced that can be
specically and directly identied with those goods and services; and
(2) the costs of supporting services provided by other operating or production units within the
reporting entity and by other reporting entities used to execute the agreement.
Refer to NPR 9090.1 for the details of calculating full cost.
2
The general guidelines in Appendix 5 were approved by the NASA Acquisition Strategy Council on June 28, 2019
22
c. Reimbursement for Other Than Full Cost
NASA has several authorities to accept reimbursement for other than full cost. e process used and
the factors considered in the development of such prices should be consistently applied and fully
documented. In accordance with this guide’s Section IV.A.4, Headquarters Abstract Review Process,
abstracts are required to be submitted for HQ review for all proposed reimbursable partnership
agreements where the price is less than full cost. Some of the authorities permitting other than full
cost reimbursement are discussed below.
i. Space Act Agreement Pricing
Agreements executed under NASA’s Space Act authority may allow for waived costs under certain
circumstances. Waived costs are costs incurred to perform the work associated with a reimbursable
agreement but not charged the partner on the basis that there is a benet to NASA from the activ-
ity. ese costs are included in the estimated full cost of the agreement, but are reected as a price
adjustment in the EPR. NASA may only consider cost waivers where NASA appropriated funds can
be used for the activity in question. In making this purpose determination, the agreement initiator
should work closely with the funding organization, Center CFO, and Center Chief Counsel’s oce.
Per NPR 9090.1, the EPR may be used as the ocial cost waiver request and approval document.
e EPR should contain the full cost of the agreement, the proposed price adjustment, and the nal
price to the partner. EPRs citing cost waivers are also required to contain a justication identifying
the program/project fund for the waived costs and demonstrating a quantiable benet to NASA
that may be used by the Signing Ocial in their consideration for approval.
ii. Commercial Space Launch Act Pricing
One authority that provides for (actually mandates) other than full cost pricing is the
Commercial Space Launch Act (CSLA). e CSLA authorizes NASA to provide commercial
launch or reentry services and charge only the direct costs of the activity. As identied in the Full
Cost Reimbursement section above, direct costs are those costs that can be associated unambig-
uously with a commercial launch or reentry eort and which the Federal Government would not
incur if there were no commercial launch or reentry eort. Costs that cannot be unambiguously
associated with a commercial launch or reentry eort or which the Government would incur
anyway shall not be included in the CSLA price. However, all costs, both direct and indirect,
should be included when determining the full cost of the agreement and recorded under the
price adjustment column of the EPR as “Excluded Cost.” Additional services outside of the CSLA
scope may also be oered, but those typically are oered as full cost reimbursable Space Act
Agreements. See NPR 9090.1 for additional information on CSLA pricing.
iii. Other Agreement Pricing
While less common, NASA also has authority to enter into agreements for pricing other than
full cost with commercial partners in certain circumstances. For example, NASA has authority
to enter into market-based pricing (fair market value), which may be above or below full cost, for
real property agreements under Enhanced Use Lease (EUL) authority (see NPR 8800.15). EUL
authority also permits NASA to retain and use the net proceeds above its full costs.
Leases under the National Historic Preservation Act (NHPA) are another example. Such leases
relate to historic properties owned by NASA that are either on the National Register of Historic
Properties (NRHP), eligible for registration on the NRHP, or are on the ocial NRHP survey for
a Historic District as a contributing property. Proceeds from NHPA leases may be used to defray
23
administrative cost, maintenance and repair, code upgrades and certain other directly related
lease expenses incurred by the Agency, by the revenue-generating historical lease asset, or other
NRHP-listed property under NASA’s jurisdiction or control.
References
NPR 9090.1, Reimbursable Agreements
NPD 1050.1, Authority to Enter into Space Act Agreements, and NAII 1050-1, Space Act Agreements Guide.
4. Competition with the Private Sector
It is NASA policy not to provide services, goods, property, or resources to entities outside of the Federal
Government when doing so would constitute NASA competing with the U.S. private sector. In other words,
NASA does not enter into reimbursable partnership agreements, for example, when the partner could
reasonably obtain NASA’s contribution from a domestic commercial entity instead. is requirement is
embodied in the National Space Policy of the United States of America (June 28, 2010), which directs the
Federal Government to “purchase and use commercial capabilities and services to the maximum practi-
cal extent when such capabilities and services are available in the marketplace and meet U.S. Government
requirements… and to refrain from conducting U.S. space activities that preclude, discourage, or compete
with U.S. commercial space activities, unless required by national security or public safety.”
In short, NASA reimbursable partnerships with non-Federal partners should not be formed when an
equivalent service, good, property, or resource is reasonably available in the U.S. private sector, even if at
a higher cost to the partner. Determining whether a service or resource is “reasonably available” includes
consideration of the uniqueness of NASA technical capability, timeliness of the service/resource, whether
a partner would be required to obtain such services from one of its competitors, and other factors, but
typically would not take price into consideration.
Fundamentally the question to ask is, if NASA performs the service, would NASA be taking work away
from a domestic commercial supplier?
If so, then NASA runs the risk of harming the development of a domestic market for such services.
By limiting NASA’s reimbursable services to only those that are not otherwise available in the domes-
tic market, we avoid the risk of competing with emerging service providers. NASA should not provide
services just because it is “smarter” or “better” or “more experienced” than the other domestic suppli-
ers, because to do so would prevent those suppliers from increasing their prociency. Finally, the fact
that NASA has a unique facility or capability does not justify a partnership unless the proposed activity
requires those unique features. No such prohibition exists for NASA being in competition with other
Federal agencies or international entities.
NASA must be able to make a clear and supportable conclusion that the Agency would not compete
with the private sector if it were to perform a particular service or permit use of a particular asset. Such
a conclusion may be supported by market research, the particular knowledge of NASA personnel, or a
credibly documented assessment performed by the proposed partner.
Points of Contact:
Questions on this topic can be addressed to the Center Agreement Manager, the Center Ofce of the Chief Counsel, or the NASA Partnership Ofce.
References
NASA’s policy regarding not competing with the U.S. private sector can be found in NPD 9080.1, Review, Approval, and Imposition of User Charges,
is based on OMB Circular A-25, and is also rooted in the National Space Policy of the United States of America (June 28, 2010). A more extensive and
operative discussion of the policy can be found in the Space Act Agreements Guide (SAAG), NAII 1050-1, Section 1.5, Reimbursable Agreements.
24
5. Conicts of Interest
e Agreement Manager and other NASA ocials involved in the agreement formulation process must
ensure that all partnership agreements are handled in a fair and consistent manner. is applies through-
out the entire agreement process, from initiation through execution and performance. Federal ethics
laws and standards of conduct require that NASA employees avoid unjustiable favoritism, whether
actual or perceived, in dealing with potential partners. Since signed partnership agreements are gener-
ally subject to public review, outside entities may judge the fairness of NASA treatment of partners by
comparing similar agreements. Similarly situated persons should be treated alike and have equal access
to NASA resources. It follows then, that NASA employees and contractors in a position to inuence the
establishment or administration of partnership agreements cannot have any actual or perceived conict
of interest regarding potential partners. If there is actual or perceived opportunity for private gain, or the
likelihood of conicting nancial interests arising from any provisions of the agreement, this must be
avoided. Similarly, if as a consequence of participating in a partnership agreement with NASA, a partner
is involved in setting or establishing the parameters or requirements of a future NASA acquisition or
procurement, or is perceived to have been so involved, such work may result in an organizational conict
of interest for that partner if and when NASA proceeds with such acquisition/procurement, and the part-
ner would be precluded from involvement therein.
If there is any question regarding conict of interest, including organizational conicts of interest, the
Headquarters Oce of the General Counsel or Center Oce of the Chief Counsel, as appropriate, should
be consulted as soon as possible. Actions, such as recusing oneself from activities related to a given part-
nership, may be necessary.
Points of Contact
Questions on this topic can be addressed to the Agreement Manager, the Headquarters Ofce of the General Counsel or Center Ofce of the Chief
Counsel, or the NASA Partnership Ofce.
References
Space Act Agreements Guide, NAII 1050-1, Section 1.3
NASA Ethics Web site: http://www.nasa.gov/ofces/ogc/general_law/ethicsfaq.html#conicts
6. Partnerships Benetting Foreign Commercial Entities
NASA’s Strategic Plan (NPD 1001.0C), as well as several important pieces of legislation and national
policy directives, explicitly encourage international cooperation when such collaboration is appropriate;
oers signicant technical, scientic, or economic benets; or advances U.S. foreign policy objectives.
However, these documents also contain specic directives regarding the preservation of the role of the
U.S. as a leader in aeronautical and space science and technology, enhancing the competitiveness of
U.S. industry, and strengthening the U.S. industrial base. Given these competing interests, the former
Partnership Council (PC)
3
implemented a policy and procedural framework for determining when it
is appropriate to partner on activities that benet foreign commercial entities (see PC Decision Memo
PC-2015-08-001 dated February 11, 2016 at https://inside.nasa.gov/system/les/pc-2015-08-001_policy_
framework_regarding_benetting_foreign_commercial_entities_decision_memo.pdf).
3
The Partnership Council was retired and replaced with the Acquisition Strategy Council via a NASA Executive Council decision on October 16, 2018.
25
e framework provides that proposed partnerships
4
that could result in a competitive advantage to
foreign commercial entities
5
over U.S. industry must be carefully evaluated and will only be approved on
a case-by- case basis when deemed by the Deciding Ocial to be in NASA’s and the Nation’s best interest.
e Deciding Ocial will be the cognizant Headquarters Mission Directorate Associate Administrator
or Oce Chief (that is, Chief Engineer, Chief Scientist, or Chief Technologist) for such proposed part-
nerships that t exclusively within their programmatic areas of responsibility. However, in certain
circumstances, the Acquisition Strategy Council (ASC) Chairperson will serve as the Deciding Ocial.
In determining whether an activity would be expected to result in a competitive advantage to a foreign
commercial entity, the Deciding Ocial will assess the relevant technical, business, and legal consider-
ations based on the information provided by the initiating Center, Headquarters Oce, and others as
part of the abstract to be submitted to the Partnership Oce (see Section IV.A.4, Headquarters Abstract
Review Process). Such partnerships will be approved only if the Deciding Ocial determines that one or
more of NASA’s objectives as described in the Space Act are signicantly advanced, U.S. industry is able
to maintain competitiveness with foreign entities, and the proposed partnership is in the best interests
of NASA and the nation.
e full text of the Policy and Operational Framework is provided as Appendix 3 to this guide and can
also be found at: https://inside.nasa.gov/system/les/revised_policy_and_operational_framework_for_
proposed_partnershi ps_benetting_foreign_commercial_entities.pdf.
7. Intellectual Property — Data Rights and Inventions
It is NASA’s policy that partnership agreements allocate any intellectual property rights created under
the partnership.
NASA’s goal is to be consistent in how it addresses intellectual property rights across the Agency and
with its partners. is eort is carried out by the use of standard clauses employed in partnership agree-
ments. For example, standard clauses for partnership agreements are provided in appendices of the
Space Act Agreements Guide, NAII 1050-1, and the Cooperative Research and Development Agreement
Program Information Package (CRADA PIP), NAII 1050-2, and are reected in the Agency’s Partnership
Agreement Maker (PAM) system
6
used to dra such agreements. ese standard clauses are usually used
without any changes. Any deviations from the standard intellectual property clauses should be reviewed
by the Headquarters Oce of the General Counsel or Center Oce of the Chief Counsel, as appropriate.
Guide, NAII 1050-1, Section 2.2.10, Intellectual Property Rights. Coordination with NASA Headquarters
Oce of International and Interagency Relations and Oce of the General Counsel will also be
necessary.
4
For purposes of this framework, “partnerships” include SAAs, CSLAs, EUL agreements, CRADAs, and any other nonprocurement type partnership
instrument. It does not include procurement instruments such as contracts, grants, and cooperative agreements, which are governed by the FAR and
other guidance and procedures. Nor does it include partnerships directly with foreign governments.
5
“Foreign commercial entity” means a corporate or other commercial entity that is not established under a state or Federal law of the United States.
“Benetting a foreign commercial entity” means that a foreign commercial entity could have access to and use of end products (including data)
resulting from a partnership agreement with NASA, either directly or through common corporate ownership with a U.S.-based subsidiary.
6
Formerly known as the Space Act Agreement Maker (SAAM) system.
26
e considerations for data rights and inventions are relatively numerous and complex. Consultation
with the Oce of the General Counsel or Chief Counsel, as appropriate, is necessary for establishing
these aspects of agreements and ensuring that the proper clauses are incorporated into an agreement.
a. Data Rights
e standard clauses are structured to facilitate the exchange of data necessary for the perfor-
mance of work under the agreement, while providing for the protection of any proprietary data
that is exchanged or developed. Generally, provisions are made to protect data created by NASA if
the data in question would have been proprietary if created by the partner rather than NASA; such
protections can, by law, exist for up to ve years, although NASA usually oers one to two years of
protection. In addition, the partner may assert copyright in its works of authorship created under the
agreement, but the partner is required to grant NASA a license in the copyrighted material.
b. Invention and Patent Rights
When a partnership activity results in an invention, title to the invention typically remains with the
inventing party. However, it is important to note that a number of particulars of the specic part-
nership arrangement could potentially inuence the exact implementation of invention ownership,
patenting, and licensing. For example, it could impact how inventions made by NASA support service
contractors are handled. Specics for partnership variations are found in Space Act Agreements
Guide, NAII 1050-1, Section 2.2.10.3, and in the Cooperative Research and Development Agreement
Program Information Package (CRADA PIP) NAII 1050-2, Section 2.10.2.
Points of Contact
Questions on this topic can be addressed to the Agreement Manager, the Headquarters Ofce of the General Counsel or Center Ofce of the Chief
Counsel or the NASA Partnership Ofce.
References
NPD 1050.1, Authority to Enter into Space Act Agreements
NAII 1050-1, Space Act Agreements Guide
NPD 1050.2, Authority to Enter into Cooperative Research and Development Agreements
NAII 1050-2, Cooperative Research and Development Agreement Program Information Package
8. National Environmental Policy Act and Other Environmental Considerations
a. National Environmental Policy Act Considerations
e National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. §4321 et seq.), estab-
lishes national policy and procedures for the protection, maintenance, and enhancement of the
environment. It requires NASA to integrate environmental considerations into Agency decisions
before taking action. NASA actions include all programs or projects that are nanced (even partially),
assisted, conducted, regulated, approved or permitted by NASA. erefore, NASA initiators of
partnership activities must take NEPA requirements into consideration and discuss with potential
partners during the agreement formulation phase and throughout performance of the partnership
activity as necessary.
e NASA NEPA Manager can advise and assist in the completion of any NEPA-related requirements
impacting partnership activities. Please contact Ms. Tina Norwood, NASA NEPA Manager, at
(202) 358- 7324 or by e-mail at tina.norwood-1@nasa.gov if you have questions concerning NASA
environmental compliance requirements. A list of Center NEPA Managers is also available at
http://www.nasa.gov/agency/nepa/NEPATeam.html.
27
b. Environmental Due Diligence & Liability
Generally, unless liability is waived by the other party, each party is responsible for damages arising
from its own actions. Depending on its scope and complexity, a partnership arrangement with NASA
may need to address liability and the risk of loss. If the partnership activity presents the potential for
damage to persons or property, NASA and the potential partner will need to discuss how those risks
should be allocated. If the partner proposes to use hazardous materials at a NASA facility, the parties
will need to assess the current condition of the property. In instances where there is a reasonable risk
of signicant damage to NASA property, also known as a high-risk activity, partners are required, at
no cost to NASA, to maintain throughout the term of the agreement, insurance to cover the loss of
or damage to U.S. Government property as a result of any activities conducted under the agreement.
When these clauses (2.2.9.4.2 or 2.2.9.4.3 in NAII 1050-1) are used in a Space Act Agreement, damage
is dened to include “damage to, loss of, or loss of use of any property; soil, sediment, surface water,
ground water, or other environmental contamination or damage; loss of revenue or prots; other
direct damages; or any indirect, or consequential damage arising therefrom.”
9. Export Control
NASA’s Oce of International and Interagency Relations (OIIR) is responsible for administering the
Agency’s Export Control Program. U.S. Government export control laws and regulations restrict the
transfer of certain sensitive goods, services, soware, technical data, and technology to foreign enti-
ties. e Arms Export Control Act of 1976 governs the export and import of defense articles and
defense services. e Department of State implements this statute via the International Trac in Arms
Regulations (ITAR), 22 CFR §120-130. e Export Administration Act of 1979, in turn, generally governs
the export of dual-use and certain military items. Department of Commerce implements this statute via
the Export Administration Regulations (EAR), 15 CFR §730-774.
In 1995, NASA established its Export Control Program and published NASA Procedural Requirement
(NPR) 2190.1, NASA Export Control Program, which outlines specic requirements for NASA Centers
and Programs to follow. is NPR required the designation of Center Export Administrators (CEA)
to provide guidance and assistance with export compliance issues at each Center, and a Headquarters
Export Administrator (HEA) to provide overall Agency programmatic guidance and oversight. In
2015, NASA released its Export Control Operations Manual (NAII 2190) to provide specic operational
instructions on how to conduct various export control compliance activities. Additional information on
NASA’s Export Control Program can be found at the Inside NASA Export Control Program Web site
(https://inside.nasa.gov/nasaexportcontrol).
10. Foreign National Access Management
NASA partners with corporations, educational institutions, and governments across the globe in pursuit
of NASA’s vision to reach new heights and reveal the unknown for the benet of all humankind. Such
partnerships oen include on-site or remote collaboration with foreign nationals, which may involve
access to NASA facilities or other assets. NASA’s Foreign National Access Management (FNAM)
Program is devoted to maximizing the benets of our international partnerships while mitigating risks
to the Agency and nation and ensuring compliance with U.S. laws and regulations. e FNAM Program
is NASA’s primary vehicle for managing foreign national access across the Agency, led by the Oce of
Protective Services and in cooperation with the Oce of International and Interagency Relations (OIIR)
and the Oce of the Chief Information Ocer (OCIO).
28
NASA employees and contractors who collaborate or work with a foreign national (including activities
related to NASA partnerships) are responsible for complying with all foreign national access manage-
ment, export control, physical, and IT security requirements. Protecting NASA’s assets, including
personnel, facilities, technology, and data, is the responsibility of each NASA employee and contractor.
When there is an international agreement in place, it addresses aspects of foreign national access to
NASA facilities and IT systems.
Key considerations in managing partnerships involving access to NASA assets by foreign nationals:
• A request for a foreign national to visit NASA and access NASA physical and/or logical (informa-
tion technology) assets including personnel, facilities, systems, and/or equipment/property must
be submitted in the Identity Management and Account Exchange (IdMAX) system.
https://idmax.nasa.gov.
• e request must be reviewed and sponsored by a NASA Civil Servant functioning in the role
of Sponsor in IdMAX. e Sponsor will work with Center Protective Services (CPS) and other
reviewers to manage the request including identifying all assets to which the foreign national will
need access.
• CPS, in coordination with Center Export Control Sta (ECS) and the Center OCIO, will review
the request and requested access permissions, and determine appropriate vetting requirements.
• Foreign nationals visiting NASA Centers will undergo identity vetting and background checks,
based on access needs and visit duration prior to admission to the Center. Your Center’s
International Visit Coordinator (IVC) and ECS will conduct these checks. A list of Center IVCs
and a link to ECS resources can be found on the FNAM Program Web site at http://www.hq.nasa.
gov/oce/ops/nasaonly/internal/FNAM.
• An escort will be assigned to any foreign nationals visiting NASA who require escort. Escort
requirements will be determined by CPS/ECS. Additional information for escorts and escort
requirements can be found in the FNAM Program Operations Manual and on the FNAM
Program Web site.
Policy requirements for foreign nationals visiting NASA, in accordance with all applicable U.S.
Government rules and mandates, can be found in NPR 1600.4, Identity and Credential Management,
with specic attention to chapter 4 for foreign nationals. e FNAM Program Operations Manual, avail-
able on the FNAM Program Web site, provides implementing guidance for NPR 1600.4, including best
practices and real-life examples. e FNAM Program Web site contains additional supporting materi-
als including an internal brochure describing the guidance in the operations manual and an external
brochure providing guidance to foreign nationals visiting NASA.
11. NASA Transition Authorization Act of 2017
e NASA Transition Authorization Act of 2017 (NTAA), Public Law 115-10, was signed into law on
March 21, 2017. Section 841 of the NTAA imposes several new procedural requirements on NASA
Space Act Agreements (SAAs), which is dened in the Act as agreements executed under NASA’s “Other
Transactions Authority” of the Space Act (51 U.S.C. § 20113(e)). NTAA Section 841 encompasses ve
paragraphs:
29
a. Sense of Congress
States that “when used appropriately, [SAAs] can provide signicant value in furtherance of NASA’s
mission”;
b. Funded SAAs
Requires that NASA “seek to maximize the value of contributions provided by other parties under
Funded [SAAs]”;
c. Non-Exclusivity
Requires that SAAs be issued on a nonexclusive basis “to the greatest extent practicable” and imposes
specic requirements pertaining to exclusive SAAs;
d. Transparency
Requires that each SAA (redacted as necessary be posted to a public Web site along with specic
information for each SAA; and
e. Annual Reports
Requires an annual report to Congress not late than 90 days aer the end of each scal year with
various information about the Agency’s SAAs.
e NTAA requirements do not apply to partnership agreements done under other legal authorities such
as the Commercial Space Launch Act, the Economy Act, or other sections of the Space Act apart from
the “Other Transactions Authority” section.
e NTAA Section 841 requirements are addressed in detail in NASA’s Space Act Agreements Guide
(NAII 1050-1) and are also referenced throughout this guide as applicable.
12. Term of Agreements
Partnership agreements are generally limited to one 5-year term because commitment of resources
further into the future may be problematic due to changing budgets and program objectives. For the
same reason, use of an automatic renewal provision in an agreement or an open ended term without a
denitive end date is also problematic.
If the agreement initiator seeks to establish an agreement that provides for the possibility of a term
longer than 5 years because it is believed that a longer term is essential to the fundamental objectives of
the agreement, early consultation with and concurrence from the Oce of Chief Counsel or Oce of
General Counsel, as appropriate, is required. For agreements that are with an interagency partner, with a
foreign entity, or for the benet of a foreign entity, early consultation and concurrence from the Oce of
International and Interagency Relations is also required.
For Annexes under umbrella agreements (see section IV.A.10 of this guide), the term of the Annex may
not extend past the end date of the umbrella agreement under which it is issued.
13. Agreement Administration
Eective administration of a partnership agreement is critical for the success of a partnership activity.
is is true for all Agency partnership activities regardless of the subject matter, agreement type, partner
type, period of performance, etc.
30
e NASA Agreement Manager plays a key role in agreement administration responsibilities, but is
not solely responsible for performance of such functions. Rather, the Agreement Manager is expected
to interface with other applicable NASA sta involved with the activity to ensure that the agreement is
being eectively utilized and strategically managed to achieve the objectives of the agreement, and that
the ocial agreement records for the activity are accurate and up to date. Eective agreement admin-
istration necessitates involvement from the designated Technical Lead, other key program/project
personnel for the agreement, and the Center OCFO. Representatives from other Center functional oces
(e.g., real property, logistics, legal, OSMA, etc.) may also need to be involved depending on the nature
and specic aspects of the activity.
Agreement Managers, in coordination with these other NASA sta, are responsible for periodically
reviewing the agreements under their custodianship to ensure that they are accurate and up to date. Such
reviews could take the form of meetings, teleconferences, components of broader program reviews, etc.
e reviews should consider whether there have been any changes for the partnership activity that may
necessitate updating the ocial agreement records in regard to:
• the stated term of the agreement (and whether it may need to be extended or perhaps terminated
sooner than stated);
• the NASA or partner responsibilities;
• schedule and milestones;
• nancial obligations; and
• other aspects, as applicable, including potential disputes or mishaps (e.g., injuries, equipment fail-
ure, property damage, etc.).
e frequency of such reviews for a particular agreement will vary depending on the specic aspects of
the agreement, including the scope, term, criticality, level of resource commitments involved, and other
factors.
Additional resources are available in the “Partnerships Guidance” section of the NASA Partnerships
Community of Practice Web site (https://inside.nasa.gov/pacop/home/index.html).
31
B. Topic-specic Considerations
1. NASA Aircraft, Aireld, and Airspace Operations
NASA Procedural Requirement (NPR) 7900.3, Aircra Operations
Management Manual, Chapters 2, 3, 5 and 6, can assist in developing
a partnership agreement which involves aircra, airspace, or aireld
operations. Due to the extremely dynamic range of operations and
activities related to aviation operations, all such activities must be coor-
dinated with the supporting Center Flight Operations Oce and Center
Safety and Mission Assurance/Range Safety Oce or the NASA Headquarters
Aircra Management Division (AMD) and Oce of Safety and Mission
Assurance (OSMA). Also, the Center Oce of the Chief Counsel or Headquarters
Oce of General Counsel can provide assistance on any related legal issues. NASA personnel interested
in engaging in partnership activities involving aircra operations are encouraged to engage those oces
as early as possible in the agreement formulation process.
Title 49 Section 40102(a)(41) of the United States Code provides the denition of “Public Aircra” and
Section 40125 provides the qualications for public aircra status. ese statutory provisions provide the
legal basis for operation of public aircra. Based on a determination in accordance with these statutory
provisions, the operation of an aircra or unmanned aircra system (UAS) on a NASA endeavor or in
partnership with another entity may place all operational and oversight responsibilities on NASA, even if
the aircra is owned, loaned, or leased by the partner or other non-NASA entity.
For agreements that involve UAS or high-power amateur rockets, where a NASA legal determination has
been made that NASA has responsibility for operations, operational oversight and implementation of the
range safety requirements. erefore, such activities must be conducted in accordance with:
• NPR 7900.3, Aircra Operations Management Manual, Chapter 5, UAS Operations
• NPR 7900.3, Aircra Operations Management Manual, Chapter 6, Aviation Safety
• NPR 8715.3, NASA General Safety Program Requirements, Chapter 4, Aviation Safety
• NPR 8715.5, Range Flight Safety Program
If there is a UAS operation, where a NASA legal determination has been made that NASA has responsi-
bility for operations, the following NASA responsibilities must be included in the partnership agreement
if appropriate for the operation:
• NASA will document investigation responsibilities with the UAS operation in case of an incident
or mishap
• NASA will provide air worthiness reviews
• NASA will provide ight readiness reviews
• NASA will provide Range Safety Personnel (Range Safety Ocer (RSO)) for oversight during ights.
Where a NASA legal determination has been made that NASA has responsibility for operations, NASA
may also provide services that are needed to meet NASA and FAA rules and regulations for ight testing,
including, but not limited to:
• Completion and submission of regulatory compliance documents (for example, Memorandum of
Agreement or Certicate of Authorization les, updates, reports, or other required paperwork)
• Assurance that aircra are FAA registered and have a tail number
Some types of
partnerships
involve unique
considerations
due to the specic
issues involved.
32
In case of an incident or mishap during the agreement duration, the agreement needs to clearly address
who is responsible for performing the reporting, investigation, and recordkeeping when a mishap
occurs. is is determined by who has operational control of the activity. If NASA maintains operational
control, NASA is responsible for all mishap reporting requirements per NPR 8621.1, NASA Procedural
Requirements for Mishap and Close Call Reporting, Investigating, and Recordkeeping. If the partner has
operational control, the partner is responsible for all mishap reporting requirements.
Activities involving NASA’s use of UAS must also be in compliance with NASA’s policies and proce-
dures to maintain privacy safeguards, civil rights and civil liberties protections, accountability, and
transparency.
Information on these policies and procedures is available via the relevant NASA Policy Directive (NPD)
and NASA Procedural Requirements (NPR) documents in the NASA Online Directives Information
System (NODIS).
POC for Aircraft Operations, Aviation Safety, Range Safety, Mishap Management
Headquarters AMD
POC-Norman Schweizer/Aircraft Operations Manager
NASA Headquarters, Ofce 2X53
norman.s.schweier@nasa.gov
Phone: 202-358-1134
Headquarters OSMA
POC-John LaPointe/Aviation Safety Manager
NASA Headquarters, Ofce 5C77
john.p.lapointe@nasa.gov
Phone 202-358-2981
Headquarters OSMA
POC-Sandra Hudson/Range Safety Program Executive
NASA Headquarters, Ofce 5C77
sandra.m.hudson@nasa.gov
Phone 202-358-2508
Headquarters OSMA
POC-Gerry Schumann/Mishap Program Executive
Kennedy Space Center
gerald.d.schumann@nasa.gov
Phone 321-861-2312
Reference L inks
NPR 7900.3, Aircraft Operations Management Manual
NPR 8621.1, NASA Procedural Requirements for Mishap and Close Call Reporting, Investigating, and Recordkeeping
NPR 8715.3, NASA General Safety Program Requirements
NPR 8715.5, Range Flight Safety Program
Federal Management Regulation 102-33, Management of Government Aircraft
Title 14, CFR Parts 1-199, Federal Aviation Administration (FAA) Federal Aviation Regulations
FAA Advisory Circulars (https://www.faa.gov/regulations_policies/advisory_circulars/)
33
2. Communications, Cobranding, and Public Engagement Activities
a. Differentiating Between Public Engagement and Education
e Continuum of Communications and Education Interactions and Experiences graphic
below illustrates the inherent overlap with the types of activities conducted by NASA’s Oce of
Communications (OComm) and Oce of Education.
Continuum of Communications and Education Interactions and Experiences
Determining whether a partnership is an education partnership or strictly public engagement (or
public outreach) is important when determining what NASA Headquarters oce and Center repre-
sentatives should be involved in reviewing the partnership.
Please refer to the following denitions and criteria to place proposed partnership activities:
• Education. Comprises those activities designed to enhance the teaching and learning in
science, technology, engineering and mathematics (STEM) content areas using NASA’s unique
capabilities with the intent to increase learning, to educate learners on specic STEM content
areas and to impact the Nation’s future STEM workforce. An interdisciplinary approach to
learning where academic concepts are coupled with real-world lessons or contexts that make
connections for the learning experience.
• Communications. Comprises the comprehensive set of functions necessary to eectively
convey and provide an understanding of NASA’s work, its objectives, and benets to target
audiences, the public and other stakeholders, including NASA employees. is includes a
diverse, broad, and integrated set of eorts: media services, multimedia products and services
(including Web, social media and nontechnical publications) and public engagement activities
and events. ese eorts are intended to promote interest and foster participation in NASA’s
endeavors, and to develop exposure to — and appreciation for — STEM.
34
e following examples further explain the distinctions between education and communications
activities.
Function Scope
Communications Activities targeting general public audiences with intended outcomes to inform and engage about/in NASA’s
mission and work.
Education Activities generally targeting educators and students with intended outcome to enhance the teaching and
learning in STEM content areas using NASA’s unique capabilities.
Function Primary Objective
Communications The objective is to raise awareness of, or interest, and/or involvement in, NASA, its goals, missions, and/or
programs, and to develop exposure to and appreciation for STEM.
Education The objective is to enhance the teaching and learning in STEM content areas using NASA’s unique capabilities
and to expand the Nation’s future STEM workforce.
Function Audience
Communications General public or targeted audience (that could include students and their families).
Education Educators, faculty, students, and their families, learners of all ages.
Function Content
Communications Content is generally oriented to a general public audience, with elements to build an awareness of the value of
STEM.
Education STEM content, educational standards, and/or curriculum play a key role in developing content and/or design
and explore topics in-depth.
Function Stafng
Communications Staff and/or speakers/facilitators are trained to engage participants, and actively work to inspire and energize
the target audience.
Education Staff and/or speakers/facilitators are trained or qualied in STEM/education elds, and actively work with
participants to further enhance their understanding and increase the educational value of the experience,
visual, or activity.
Function Supplemental Resources and Materials
Communications Resources and materials for a general public and/or target audience to inform and engage using NASA content.
Education STEM based educational resources, materials, and/or handouts are used to supplement and enrich the
experience, visual, or activity.
If the partnership is public engagement or outreach, please refer to the following guidance in this
subsection. If it is education or involves an education component, please refer to the following subsec-
tion entitled Education Activities. If the activity involves both education and public engagement, or if
you are unsure which category your activity falls under, please refer to both sections for coordination
guidance.
b. Coordination of Communications and Public Interest Partnerships
Any NASA partnership involving communications (media, multimedia, or public engagement and
outreach), or other high visibility partnerships likely to result in media or public attention, should
be coordinated with NASA Headquarters OComm and your Center communications oce early in
the agreement process to ensure they are aware of the substance of the agreement and are consulted
on any plans for public announcement. For partnership agreements, this coordination might include
the submission of an abstract if required by the criteria established in Section IV.A.4, Headquarters
Abstract Review Process, of this guide and identifying OComm as an “aected stakeholder oce”
in the abstract. If an abstract is not required based on the criteria, the initiator should still coordi-
nate directly with their Center communications oce and the relevant media contacts in NASA
Headquarters OComm.
35
Any communications partnerships and associated content, activities and events primarily intended
to inform the public on NASA’s missions should also be aligned with the Agency’s communications
priorities (http://communications.nasa.gov/content/communications-products).
Examples of partnerships that need to be coordinated with your Center communications oce, or
Headquarters OComm for Headquarters agreements, include:
• Any partnership agreement committing NASA resources, including use of facilities, technical
support, or other eorts that are likely to attract coverage or interest from the media
• Agreements that cover public outreach programs, events, or activities (such as conferences, work-
shops, large-scale events, and other public programs) that involve social media, NASA speakers, or
virtual engagement with the public, to include any nontechnical materials that will be distributed
to the public
• NASA involvement in citizen science activities and prizes and challenges
• Any other agreements that include a media, multimedia, or public engagement or outreach
component.
Finally, all media or public engagement or outreach partnerships that are to be negotiated and
executed in support of programs or projects should be included in the required communications plan
for the program or project, per guidance and the Communications Plan Template associated with
NPR 7120.5E (see references), and coordinated with Headquarters OComm.
c. Coordination of Partnership Announcements
Any announcements or products relating to a NASA partnership should be coordinated in the
planning phase with your Center communications oce, Headquarters OComm, and appropri-
ate Mission Directorate outreach oce. For interagency or international activities, the Oce of
International and Interagency Relations should also be consulted. In coordination with the external
partner and the Agency project lead, the appropriate NASA communications contacts will assess
both the timing and what kinds of products and activities are needed to announce and promote
the partnership and related activities. e goal of this coordination is to produce a shared plan, and
general awareness of the partnership and related activities.
Please also see Section IV.A.6 of this guide regarding guidance pertaining to the Notice of Signicant
Partnership Action (NOSPA).
Public, media, and social media products for the announcement or promotion of any partnership
activity may take dierent forms. Determination of the format for a specic product will be made in
coordination with Headquarters OComm.
All NASA products intended for public release must adhere to the NASA Stylebook (current edition
— March 2016). Please coordinate timing of NASA and partner products and communications activ-
ities with the relevant Center communication oce’s Public Aairs Ocers.
NASA’s standard operating procedure is to not issue joint releases with partners. Each organization may
issue their individual releases, with shared language and quotes as appropriate. ese products should be
coordinated with the appropriate oces and individuals in each organization. Other than fact checking,
NASA does not edit other organizations’ products and does not change our products to t other
organizations’ style or process. We do not allow the use of the NASA logo on other organizations’
news products.
36
d. NASA Insignia (Logo) Use and Cobranding
Strict regulations govern the use of the NASA Insignia in accordance with the Code of Federal
Regulations (14 CFR Part 1221) and the Space Act, as well as other laws and regulations. In general,
NASA does not endorse any commercial product, activity, or service. Use of the NASA name, initials
or NASA emblems — including the NASA Insignia, the logotype (retired in 1992 and also known as
“the worm”), and the NASA Seal — must be reviewed and approved by the Associate Administrator
for Communications or designee.
e use of NASA’s Insignia by a partner under a partnership agreement must conform to the general
rule that the Insignia is used to designate NASA property and NASA activities, and that NASA may
not endorse a commercial activity. Partners are generally not permitted to use the NASA Insignia
on their private Web site, on packaging for any commercial products, or on promotional materi-
als, because those are contrary to permitted uses under regulation and because of endorsement
implications. However, in certain rare cases for proposed uses which are not expressly permitted by
regulation but which are not contrary to ethics standards, a waiver from the Associate Administrator
for Communications may be granted. A waiver request should be submitted in writing to the
Associate Administrator for Communications or designee for consideration. If Insignia use restric-
tions are waived, written justication must be submitted to the Oce of the General Counsel by the
Associate Administrator for Communications or designee.
A noncontractor partner who is cofunding an activity with NASA may use the NASA Insignia in
certain instances to recognize the association with NASA. In this instance, NASA Insignia use
is considered less an endorsement and more a factual recognition of NASA being a contributing
partner. is use must be reviewed and approved in advance by the Associate Administrator for
Communications or designee.
Please contact the Film, TV, and Multimedia Manager in Headquarters OComm for approval of
NASA Insignia use.
e. Film, TV, Multimedia, and Entertainment-Oriented Partnerships
Headquarters OComm authorizes NASA participation in lm, TV, and other multime-
dia collaborations in accordance with NPD 1383.2, NASA Assistance to Non-Government,
Entertainment-Oriented Motion Picture, Television, Video & Multimedia Productions/Enterprises, &
Advertising. All external requests for lming on NASA property should be directed to the Associate
Administrator for Communications’ designee (OComm’s Film, TV, and Multimedia Manager) with
a treatment (summary) of the project included, as outlined in the Agency’s media usage guidelines.
However, before a treatment can be considered for eventual NASA participation, funding and distri-
bution must be in place in advance. NASA does not participate in speculative projects (i.e. projects
without funding and distribution).
Most documentaries do not require a Space Act Agreement (SAA). However, most ctional feature
lm projects do require one. Typically, an SAA is required when there is a need to lay out what is
expected of both parties in terms of shoots, clearances, protection of NASA’s appearance in a ctional
storyline, and so on, or when the agreement contemplates use of NASA resources or funding. A
formal agreement may also be needed when the parties plan for an ongoing collaboration for educa-
tion or public engagement and outreach activities beyond routine appearances or interviews.
e OComm Associate Administrator’s designee will work with a Center’s communications oce
to provide guidance on whether a partnership agreement may be necessary, or if simply a location
release is appropriate or no agreement at all. Approval for determining and implementing the type of
37
agreement resides with the OComm Associate Administrator’s designee (Film, TV, and Multimedia
Manager). In most cases, the NASA signatory for the Space Act Agreement will be the Associate
Administrator for Communications or the Deputy Associate Administrator for Communications.
Please consult the Agency’s internal “Guidelines for Space Act Agreements for Film, TV, Multimedia,
and Entertainment-oriented Collaborations” for more detail (http://communications.nasa.gov/
content/nasa-comm-guidelines).
When in doubt about whether a formal partnership agreement such as an SAA is needed, or in any
case where a proposed partnership involves a major media partner (such as National Geographic,
IMAX, Disney, 20th Century Fox, CBS, NBC, Discovery, and so on), initiating organizations should
contact NASA Headquarters OComm’s Film, TV, and Multimedia Manager for further guidance and
coordination.
f. Exhibits Partnerships
Partnerships involving NASA exhibits or artifacts should be coordinated in advance with the
Headquarters OComm Exhibits and Artifacts Manager and, for proposals originating at a Center,
the relevant Center Exhibits Manager. For any proposed partnerships involving NASA assistance
on exhibits or artifacts requiring an abstract submission based on the criteria in this guide’s Section
IV.A.4, Headquarters Abstract Review Process, OComm should be identied as an “aected stake-
holder oce” in the abstract along with any other Headquarters aected stakeholder oces (e.g.,
OIIR for proposals involving foreign entities or contemplating foreign destinations).
NASA’s Exhibits and Artifacts program is governed by NPD 1387.1, NASA Exhibits Program, and
the associated procedures outlined in NPR 1387.1, NASA Exhibits Program. Requests for exhibit and
artifact loans can be made through the Agency’s public Web site: http://www.nasa.gov/about/exhibits/
index.html.
In general, traveling exhibit and artifact loan requests are carefully evaluated and negotiated to
minimize or eliminate costs and to avoid duplication of eort. It should be noted that exhibits and
artifacts are in limited supply and there is no guarantee that specic requests can be fullled.
When in doubt about whether a partnership agreement, exhibit loan, or artifact loan request is
warranted, please contact the Exhibits Manager in Headquarters OComm.
Points of Contact
Logo Use Approvals and Film, TV, and Multimedia Collaborations:
Bert Ulrich
Manager, Film, TV, and Multimedia
Headquarters OComm
bertram.r.ulrich@nasa.gov
202-358-1713
Public Engagement/Outreach Collaborations:
Maureen O’Brien
Headquarters OComm
maureen.obrien-[email protected]
202-358-1161
38
Education Collaborations:
Beverly Girten
Headquarters Ofce of Education
beverly.e.girten@nasa.gov
202-358-0212
Media Releases or other Public Announcements:
Allard Beutel
News & Multimedia Division Director (Acting)
allard.beutel@nasa.gov
202-358-2191
Headquarters and Center Public Affairs Ofcers:
http://communications.nasa.gov/sites/communications.nasa.gov/les/les/NASA%20Comms%20Directory%20%28FEB%202016%29%281%29.pdf
Ofce of Education Line of Business Directors and Mission Directorate Education Leads:
http://www.nasa.gov/ofces/education/contacts/hqdirectory.html
Center Education Directors:
http://www.nasa.gov/ofces/education/contacts/cdirect.html
Communications Material Review and Graphics Standards Manual:
Anita Dey
Manager, Strategy & Integration
anita.de[email protected]v
202-358-0509
Agency Exhibit & Artifacts Manager:
Lauren Katz
Manager, Exhibits
lauren.t.katz@nasa.gov
202-358-1716
Relevant Policy Documents:
• NPD 1050.1l, Authority to Enter into Space Act Agreements
http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=1050&s=1I
• NPD 1380.1, Managing Agency Communications
http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=1380&s=1
• NPD 1388.1, Employee Participation in NASA Education and Communications Activities
http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=1388&s=1
• NPR 7120.5E, NASA Space Flight Program and Project Management Requirements, Appendix G, Section 3.20, Communications Plan
http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=7120&s=5E
• NPR 7120.5E Communications Plan Template
http://communications.nasa.gov/content/nasa-comm-guidelines
• Media Usage Guidelines
http://www.nasa.gov/multimedia/guidelines/index.html
• Stylebook and Ofce of Communications Manual
http://communications.nasa.gov/OCPToolKit_lib/pdf/1048620main_1021337main_NASAstyleguide_complete_012709TAGGED.pdf
• Use of NASA Name and Logo (Reference Links)
http://www.nasa.gov/ofces/ogc/ip/logo_prt.htm
• 14 CFR 1221.1 – NASA Seal, NASA Insignia, NASA Logotype, NASA Program Identiers, NASA Flags, and the Agency’s Unied
Visual Communications System
http://communications.nasa.gov/OCPToolKit_lib/pdf/1048620main_1021337main_NASAstyleguide_complete_012709TAGGED.pdf
• NASA Style Guide
http://communications.nasa.gov/OCPToolKit_lib/pdf/1048620main_1021337main_NASAstyleguide_complete_012709TAGGED.pdf
39
• NPD 2521.1B – Communications and Material Review
http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=2521&s=1A
• NPD 1383.2C, NASA Assistance to Non-Government, Entertainment-Oriented Motion Picture, Television, Video & Multimedia
Productions/Enterprises, & Advertising
http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=1383&s=2C
• NASA Media Usage Guidelines
http://www.nasa.gov/multimedia/guidelines/index.html
• Guidelines for Film, TV, Multimedia, and Entertainment-oriented Collaborations
http://communications.nasa.gov/content/nasa-comm-guidelines
• NPD 1387.1, NASA Exhibits Program
• http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=1387&s=1G
• NPR 1387.1, NASA Exhibits Program
• http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1387&s=1
3. Education Activities
is section discusses NASA’s involvement in science, technology, engineering, and mathematics (STEM)
education partnerships and provides information and points of contact for NASA organizations pursuing
a partnership agreement that involves STEM education. is section includes examples of education- and
communications-related NASA partnership agreements, which are typically Space Act Agreements. Please
refer to the Dierentiating Between Public Engagement and Education subsection within the preceding
Communications, Cobranding, and Public Engagement Activities section for a detailed explanation of the
two types of activities.
roughout this section, Oce of Education refers to the Headquarters Oce of Education. NASA
Education refers to individuals within organizations represented by NASA’s Education Coordinating
Council (ECC) who perform education duties (see the following subsection, NASA Education, for further
description of the ECC and its role within the Agency).
a. NASA Education
NASA’s education function contributes to the Agency’s Strategic Objective 2.4 to “advance the
Nation’s STEM education and workforce pipeline by working collaboratively with other agencies to
engage students, teachers, and faculty in NASA’s missions and unique assets.” In furtherance of this
objective, NASA Education partners strategically with a wide range of entities, such as other Federal
agencies, youth serving organizations, non-prot organizations, commercial businesses, academic
institutions, and informal education institutions.
NASA Education manages education activities through four lines of business: STEM engagement;
educator professional development; NASA internships, fellowships, and scholarships; and institu-
tional engagement. NASA oces, Mission Directorates, Centers, the Jet Propulsion Laboratory (JPL,
which is NASA’s Federally Funded Research and Development Center), and other Agency facilities
work together to oer unique educational experiences to learners, educators, and institutions.
NASA Education works closely with the Oce of Communications (OComm) to coordinate eorts
in areas of overlap. OComm is responsible for the Agency’s communications (media, multime-
dia, and public engagement) eorts. Many STEM engagement eorts include a public engagement
element, which requires close coordination with OComm.
NASA’s Education Coordinating Council (ECC) is the coordinating body for education across the
Agency. e ECC determines NASA’s strategic direction for education and monitors performance
of education activities. ECC membership includes representatives from the Headquarters Oce of
40
Education, Mission Directorates, Center and JPL education oces, OComm, and other NASA oces.
See the Education Coordinating Council Governance Charter for details on ECC membership and
function. e ECC and the Communications Coordinating Council have several representatives who
are members of both councils.
See e NASA Education Implementation Plan 2015-2017 for details on NASA Education lines of
business and how NASA Education is organized across the Agency.
b. Coordination of Abstracts and Agreements for Education-Related Partnership Activities
When required by the criteria in this guide’s Section IV.A.4, Headquarters Abstract Review Process,
NASA Oce of Education expects that NASA organizations will route education-related abstracts
through the Partnership Agreement Maker (PAM) system per the established procedures. For agree-
ments that do not meet the abstract submission criteria, NASA Education expects initiating NASA
organizations to directly consult with a NASA Education partnership point of contact (typically the
Oce of Education partnership point of contact, a Mission Directorate education leader, or a Center
education director) early in the agreement formulation process. NASA Education further expects
that all education agreements will be routed through the appropriate Center Education Director or
Mission Directorate Education Lead for concurrence. Such coordination is needed to ensure that
Agency partnership activities are aligned with NASA Oce of Education lines of business.
c. Competitive Announcements for Education Partnerships
e Oce of Education releases competitive announcements to ensure an equitable selection of part-
ners. ese announcements generally call for high impact nonreimbursable Space Act Agreement
partnerships serving large numbers of people. Where appropriate, external entities are encouraged to
respond to a competitive announcement when seeking an education-related partnership with NASA.
e announcements articulate NASA’s desired outcomes for education partnerships and set the stan-
dard for assessing potential education partnerships against limited NASA resources. NASA Centers
may sometimes bypass competitive announcements for agreements that serve smaller numbers of
people within a local or regional scale. NASA’s Oce of Education updates education-related partner-
ship announcements on an as needed basis, generally to reect a new NASA strategic plan or other
signicant organizational change. NASA Oce of Education announcements for strategic partner-
ships can be found at https://nspires.nasaprs.com/external.
d. Metrics and Reporting
NASA monitors its education investments by collecting data. NASA strives to enter into partnerships
that align with NASA’s performance standards and practices. NASA’s annual performance reports
and plans include information on NASA’s approach to performance measurement.
e. Examples of Education and Communications Partnerships
Below are short descriptions of some NASA Education partnerships:
1. Education
• NASA partnered with another Federal agency to bring academic enrichment experiences
to students enrolled in an out-of-school-time program. e program serves, in particular,
students attending high-poverty and low-performing schools. e enrichment experiences
use NASA’s unique mission of research and exploration as a context for engagement.
• NASA partnered with an organization to provide a series of professional development
training sessions designed to help pre- and in-service educators across the U.S. use NASA
educational resources in their classroom instruction.
41
• NASA partnered with an organization to develop a nationwide challenge to teach STEM
concepts behind NASA’s missions. e partner, in consultation with NASA, also develops
online STEM activities to prepare students and educators to participate in the challenge.
• NASA partnered with a university to enable preservice and early career STEM teachers to
participate in summer research experiences at NASA Centers.
2. Education and Communications Agreements
• NASA partnered with an industry partner to integrate relevant NASA-themed experiential
learning activities into pre-event activities associated with a traveling STEM edutainment
stage performance.
Education- Related Partnership Points of Contact
Beverly Girten (primary POC for Agency education partnerships)
Director, Institutional Engagement, NASA Headquarters Ofce of Education
beverly.e.girten@nasa.gov,
202-358- 0212
http://www.nasa.gov/education
Ofce of Education Line of Business Directors and Mission Directorate Education Leads
http://www.nasa.gov/ofces/education/contacts/hqdirectory.html
NASA Center and JPL Education Directors
http://www.nasa.gov/ofces/education/contacts/cdirect.html
NASA’s Education Coordinating Council (ECC) -
Names and contact information of individual members of the ECC are provided in Appendix C of the Electronically Enhanced Edition of the NASA
Education Implementation Plan 2015-2017.
References
• Education Coordinating Council Governance Charter (January 2012)
http://nodis3.gsfc.nasa.gov/OPD_docs/NC_1000_30_.pdf
• NASA Announcement for High Impact / Broad Implementation STEM Education Partnerships
https://nspires.nasaprs.com/external/solicitations
• NASA Education Implementation Plan 2015-2017
http://www.nasa.gov/feature/nasa-education-implementation-plan-2015-2017
• NASA Education Implementation Plan 2015-2017 (electronically enhanced edition)
http://www.nasa.gov/sites/default/les/atoms/les/nasa_education_implementation_plan_ve4_2015-2017.pdf
43
III. Guidance on Partnering
A. Summary Table of Agreement Types/
Legal Authorities Available for Partnerships
7
Activity Type
Partner Type
Domestic
Commercial
Federal
Agency
(as customer
of NASA)
Federal
Agency
(as supplier to
NASA)
State and
Local
Government
Foreign Non-
Government
Foreign
Government
or Agency
Non- Prots/
Universities
NASA Provide
Reimbursable
Services
8
Space Act
authority (SAA)
CSLA
CRADA
Interagency
Agreement
(51 U.S.C.
§ 20113) and
31 U.S.C. §
1535)
N/A
SAA
CSLA
SAA
SAA and 51
U.S.C. §§
20102(d)(7)
and 20115)
SAA
CRADA
Joint Activity
(No Funds Exchanged)
– Nonreimbursable
9
SAA CRADA
(with cost
waiver)
SAA
IAA
SAA
IAA
SAA
SAA and 51
U.S.C. §§
20102(d)(7)
and 20115)
SAA and 51
U.S.C. §§
20102(d)(7)
and 20115)
SAA
CRADA
NASA Provides fund-
ing (Non-acquisition)
SAA
10
Cooperative
Agreement
N/A N/A
Grant
Cooperative
Agreement
N/A N/A
Grant
Cooperative
Agreement
NASA Provides
funding (Acquisition)
11
Contract N/A
Interagency
Agreement
20113(f) and
31 U.S.C §
1535
N/A Contract Contract Contract
Loan of Equipment
12
Equipment Loan
Form – NF 893
Equipment
Loan Form –
NF 893
Equipment
Loan Form –
NF 893
Equipment
Loan Form –
NF 893
SAA and
Equipment
Loan Form –
NF 893
SAA and
Equipment
Loan Form NF
893
Equipment
Loan Form –
NF 893
Use of NASA Real
Property
13
Use Permit/SAA
Lease EUL
Use Permit Lease
Use Permit/
SAA Lease EUL
Use Permit/
SAA Lease EUL
Use Permit/
SAA Lease
EUL
Use Permit/
SAA Lease EUL
Transfer of NASA Real
Property
14
General
Services
Administration
(GSA)
GSA GSA GSA GSA GSA GSA
Transfer of NASA
Personal Property
GSA or NASA
15
GSA or NASA GSA or NASA GSA or NASA GSA or NASA GSA or NASA GSA or NASA
7
This table represents a summary of activities and partners for general understanding; see the underlying material referenced for each section.
8
See Partnership Guide Section III.B
9
See Partnership Guide Section III.C
10
In very limited circumstances; see NPD 1050.1 and NAII 1050-1
11
Outside scope of Partnership Guide
12
See Partnership Guide Section III.D.1
13
See Partnership Guide Section III.D.2
14
See Partnership Guide Section III.D.3
15
GSA has authority for personal property transfers, except for certain direct authorities granted to NASA as the owning Agency (contact your Center
SEMO or HQ OSI for further guidance)
44
B. Providing Reimbursable Services
1. To Domestic Nongovernmental Partners
Reimbursable partnership agreements are agreements where
NASA’s costs associated with the undertaking are reimbursed
by the partner. A reimbursable agreement permits the partner
to use NASA goods, services, facilities, or equipment to advance
the partner’s own interests. However, the proposed reimbursable
partnership activity must: (1) be consistent with NASA’s mission;
and (2) involve goods, services, facilities, or equipment not reasonably
available on the U.S. commercial market from another source.
Chapter 2 of the Space Act Agreement Guide (SAAG, NAII 1050-1C) covers
reimbursable Space Act Agreements with nongovernmental entities or private parties. e guidance and
clauses used in Chapter 2 of the SAAG should be followed in order to facilitate consistency, to the extent
practicable, in the formation and organization of agreements.
ere are several specic steps that must be completed and documented during the planning and formu-
lation phase of all agreements with private parties, including:
• establishing why the agreement is in NASA’s mission interest;
• ensuring that NASA does not compete with the private sector;
• deciding whether to formally publicize the potential partnership opportunity;
• making potential partners aware that agreements are generally on a nonexclusive basis; and
• reviewing the U.S. Government-wide System for Award Management (SAM) excluded parties list
is required to ensure NASA can partner with the proposed private party.
Points of Contact
The designated Agreements Manager for the Center or Headquarters ofce pursuing a partnering activity with a domestic nongovernmental partner
should be the initial point of contact for preparation of or questions about reimbursable agreements.
References
For further information on this topic, please refer to the following:
NPD 1050.1, Authority to Enter into Space Act Agreements
NAII 1050-1, Space Act Agreements Guide, Chapter 2
2. To Federal, State, and Local Government Partners
Reimbursable agreements with U.S. governmental entities, where NASA is the servicing agency, permit
those entities to use NASA goods, services, facilities, or equipment to advance their own interests. Chapter
3 of the Space Act Agreement Guide (SAAG) addresses agreements with Federal, state, and local entities.
SAAG 3.2 addresses agreements with state and local government entities, including state and local
colleges and universities.
16
e approach for these binding agreements with state and local government
entities is generally the same as those entered into with private parties. erefore, the guidance and
clauses in SAAG Chapter 2 should be followed.
16
Private schools, colleges, or universities are considered domestic nongovernmental entities.
A reimbursable agreement
permits the partner to use
NASA goods, services,
facilities, or equipment
to advance the partner’s
own interests.
45
SAAG 3.3 addresses Interagency Agreements (IAAs) with other Federal agencies, which are handled
dierently than agreements with commercial or non-Federal government partners. Recognizing that
other Federal agencies are part of the Federal Government, some of the policy considerations applicable
to agreements with domestic nongovernmental entities or state or local governments are not applicable to
IAAs. For example, the restriction on competing with the private sector does not apply when partnering
with another Federal agency. Also, absent statutory authority allowing otherwise, NASA must charge the
requesting Federal agency full cost (see NPR 9090.1, Reimbursable Agreements).
IAAs, to the extent practicable, should conform to the format in Chapter 3 of the SAAG. However, if the
other Federal agency provides the initial dra of the IAA, or requires removal or modication of a stan-
dard IAA clause, the Agreement Manager, in consultation with the Center Oce of the Chief Counsel or
Headquarters Oce of the General Counsel (as appropriate), may consider such changes.
For IAAs, coordination with the Oce of International and Interagency Relations (OIIR) is required
under NPD 1050.1, Authority to Enter into Space Act Agreements, paragraph 5.c., which designates OIIR
as the responsible oce for the review of all IAAs with other Federal agencies. erefore, initiators must
include OIIR on the routing for the dra agreement.
a. Use of FMS 7600 Forms
e Department of the Treasury’s Financial Management Service (FMS) developed Forms 7600A
& B for establishing interagency agreements (IAAs) between Federal Government requesting and
servicing agencies. is standard IAA form is comprised of two sections: (1) the 7600A serves as
the General Terms and Conditions form and (2) the 7600B serves as the Order Requirements and
Funding Information (Order) form. e FMS 7600A/B serves as a standard form that can be used for
reimbursable agreements by all U.S. Federal agencies.
e 7600 forms are acceptable for NASA use, though the Agreement Manager should consult with
the Center Oce of the Chief Counsel or Headquarters Oce of the General Counsel, as appropri-
ate, to ensure that the form is completed properly and that all NASA standard IAA SAAG clauses are
incorporated as needed. (See SAAG Section 3.3.2.)
Points of Contact
The designated Agreements Manager for the Center, Ofce, Directorate, or other organization pursuing a partnering activity with another Federal
party should be the initial point of contact for preparation of or questions about reimbursable IAAs.
For further information about reimbursable agreements with Federal agencies, please contact the Export Control and Interagency Liaison Division
within OIIR. For guidance, please visit the OIIR Web site: http://oiir.hq.nasa.gov/
For further information about reimbursable agreements with state and local entities, please contact the Outreach & Intergovernmental Affairs Division
within the Ofce of Legislative and Intergovernmental Affairs (OLIA).
For further information about the content of reimbursable agreements with Federal/state/local government agencies, please see Chapters 2 and 3 of
the SAAG http://nodis3.gsfc.nasa.gov/NPD_attachments/NAII_1050-1C_08112014.pdf
References
For further general information on this topic, please refer to the following:
NPD 1050.1, Authority to Enter into Space Act Agreements
NPR 9090.1, Reimbursable Agreements
FMS 7600A/B forms, Financial Management and Budget Standardization - Forms
46
3. To Foreign Partners
NASA enters into international reimbursable agreements to allow foreign entities to use NASA facilities,
goods, and services consistent with U.S. law and policy. International reimbursable agreements generally
contain similar terms and conditions to reimbursable agreements with a domestic party. Reimbursable
use of NASA facilities by, or for the benet of foreign entities, or the conduct of research on a reimburs-
able basis in collaboration with, or for the benet of, foreign entities must comply with NASA policies
set forth in NPD 1370.1, Reimbursable Utilization of NASA Facilities by Foreign Entities and Foreign-
Sponsored Research.
Among other requirements, NPD 1370.1 provides that reimbursable work for a foreign entity must bene-
t NASA or the public. In reimbursable agreements with a foreign entity or benetting a foreign entity
for (1) safety-related analysis and testing in NASA facilities, or (2) “fundamental research” related to
NASA’s mission, benets to NASA or the public are normally provided through shared data rights or
broad dissemination of the results. Fundamental research means basic and applied research in science
and engineering, the results of which ordinarily are published and shared broadly within the scientic
community. Fundamental research is distinct from proprietary research and from industrial devel-
opment, design, production, and product utilization, the results of which ordinarily are restricted for
proprietary or national security reasons (see NPD 1370.1, Attachment A: Denitions).
Space Act Agreement Guide Sections 1.5 and 4.3 provide guidance on international reimbursable
agreements and should be reviewed prior to making an initial decision as to whether an international
reimbursable agreement is appropriate in particular circumstances.
NASA may enter into reimbursable agreements for use of unique NASA facilities and for unique services
that are not reasonably available from the U.S. commercial market (for instance, specially tested integrated
circuits uniquely designed for interplanetary spacecra). e proposed activity must be consistent with
NASA’s mission. NASA may only allow non-Federal entities to use its space-related facilities on a reimburs-
able basis if the NASA Administrator (or designee) determines that “equivalent commercial services are not
available on reasonable terms” (51 U.S.C. §50504). Moreover, NASA should not act as a purchasing agent or
broker for a foreign party’s acquisition of reasonably available commercial goods or services.
NASA may also provide goods or perform services on a reimbursable basis to support a foreign entity
as a minor component of a broader cooperative activity with a party, as specied in the international
agreement. Actual performance of the reimbursable work would be pursuant to a separate international
reimbursable agreement.
Before NASA performs work for which it is to be reimbursed by the other party, the reimbursable agree-
ment must be in force and advance payment received. Early consultation with the Headquarters Oce
of International and Interagency Relations (OIIR) is critical to ensure appropriate steps are taken to prop-
erly execute an international reimbursable agreement. For instance, when considering any agreement
with a foreign commercial partner, consideration must also be given to the NASA policy framework on
partnerships benetting foreign commercial entities addressed in Section II.A.6, Partnerships Benetting
Foreign Commercial Entities, of this guide. e framework is important in ensuring that NASA part-
nerships with foreign commercial entities do not harm U.S. industrial competitiveness and are otherwise
appropriate.
47
Generally, from the time the agreement point of contact contacts OIIR with the approved abstract (if
required), the international reimbursable agreement process takes three to nine months from start to
nish. However, some agreements will require more or less time depending on the circumstances. e
OIIR point of contact can provide an estimated timeline specic to a proposed agreement once he or she
discusses the activity with the Center or Mission Directorate point of contact.
a. Connecting with the Ofce of International and Interagency Relations
Organizationally, the Oce of International and Interagency Relations (OIIR) (http://oiir.hq.nasa.gov)
is responsible for overall policy coordination for all of NASA’s international projects as well as the
draing, negotiation, execution, amendment, and termination of international agreements. Within
OIIR, a point of contact is assigned to dra the international reimbursable agreement with input from
the Mission Directorate or Center point of contact. e appropriate program oce is responsible for the
technical, scientic, programmatic, and management aspects of the activity. e Oce of the General
Counsel (OGC) assists and advises OIIR to ensure all aspects of the international reimbursable agree-
ment are consistent with the applicable law and legal policy. e Headquarters Oce of the General
Counsel (OGC) also assists and advises OIIR during the negotiation of the international agreement
text with the foreign entity.
b. International Reimbursable Agreement Process
If an abstract is required for the activity, pursuant to the abstract submission criteria described in
this guide’s Section IV.A.4, Headquarters Abstract Review Process, the Oce of International and
Interagency Relations.
(OIIR) will not begin work on the international reimbursable agreement until the abstract is
approved through the Headquarters abstract review process. e Mission Directorate or Center
Agreement Manager or other point of contact is responsible for draing the abstract and getting it
approved through the abstract review process. Once an abstract is approved by Headquarters, the
agreement point of contact is responsible for contacting the OIIR point of contact identied in the
abstract response to initiate the international reimbursable agreement development process.
e OIIR point of contact will serve as the Agreement Manager for international reimbursable
agreements, but the Mission Directorate or Center Agreement Manager or other point of contact will
be responsible for some of the Agreement Manager tasks, including but not limited to, determining
resource availability (personnel, goods, services, facilities, or equipment) and preparing the Estimated
Price Report (EPR). e OIIR point of contact is responsible for draing and coordinating the inter-
national agreement and will keep the Mission Directorate or Center point of contact informed of the
status of the international agreement throughout the entire process. OIIR will negotiate the agree-
ment, with assistance from the Oce of the General Counsel and the Mission Directorate or Center
point of contact as appropriate. Aer the agreement is negotiated, OIIR will obtain any nal approv-
als required to conclude the agreement. OIIR will also provide guidance to the Mission Directorate
or Center point of contact regarding the signature of the international reimbursable agreement and
process by which the agreement will enter into force.
Further Information
For further information about international reimbursable agreements, please contact the appropriate division within OIIR. For guidance, please visit
the OIIR Web site: http://oiir.hq.nasa.gov
For further information about the content of reimbursable international agreements, please see SAAG chapters 1.5, 2, and 4.3:
http://nodis3.gsfc.nasa.gov/NPD_attachments/NAII_1050-1C_08112014.pdf
48
4. Via Cooperative Research and Development Agreements
NASA’s policy is to use Cooperative Research and Development Agreements (CRADAs), as appropri-
ate, to transfer Federally owned or originated technology to non-Federal entities and improve access to
science and technology.
NASA, as a Federal laboratory, is authorized to enter into CRADAs for research and development consis-
tent with NASA’s mission. A CRADA should be considered when the primary purpose of the activity is
to ensure the full use of the results of NASA’s investment in research and development outside the U.S.
Government.
NASA Center Directors have the authority to negotiate, execute, amend, and terminate domestic
CRADAs (when the activity does not benet a foreign entity) within their areas of jurisdiction. Authority
to enter into CRADAs with, or for the benet of, foreign (non-U.S.) entities is not delegated to Center
Directors and remains with the Administrator.
Use of CRADAs is not mandatory. Centers may choose to support the goals of the Federal Technology
Transfer Act of 1986 through the use of a Space Act Agreement rather than a CRADA. e decision to
use a CRADA or a Space Act Agreement (SAA) will be determined by the Center Oce of Chief Counsel
or Headquarters Oce of the General Counsel, in consultation with the NASA agreement initiator, as to
which approach most appropriately supports the goals of the proposed activity. Activities with, or for the
benet of, foreign entities will typically be conducted through SAAs.
CRADAs are treated as fully reimbursable agreements pursuant to NASA policy. Centers may waive costs
under CRADAs consistent with NASA policy on reimbursable agreements, including the requirements
for Center or NASA OCFO review. Waivers of costs under CRADAs should only be considered where
there is a clear and demonstrated NASA benet. To the extent practicable, the benet should be quanti-
able so that its value can be reasonably estimated and compared with the amount of reimbursement to
be waived. Centers may not provide funding to a non-Federal collaborating party. Appropriated funding
may be provided to another Federal agency to support CRADA activities only in compliance with appli-
cable law and policy. CRADAs may not be used in lieu of a contract, cooperative agreement, or grant.
Points of Contact
The NASA Center Director is responsible for ensuring that a CRADA Manager is identied for each CRADA (NPD 1050.2, paragraph 5.a.3). The
primary purpose of the CRADA Manager is to oversee the process required to conclude a CRADA. This includes the initiation, negotiation, review,
concurrence, execution by the NASA Signing Ofcial, and storage in the Partnership Agreement Maker (PAM) database in accordance with NPD
1050.2 and the CRADA Program Information Package (NAII 1050-2).
References
For further information on this topic, please refer to the following:
NPD 1050.2, Authority to Enter into Cooperative Research and Development Agreements
NAII 1050-2, Cooperative Research and Development Agreement (CRADA) Program Information Package
49
5. Via Commercial Space Launch Act Agreements
One purpose of the Commercial Space Launch Act (CSLA), 51 U.S.C. §§ 50901-50923, is “to facilitate
the strengthening and expansion of the United States space transportation infrastructure, including the
enhancement of United States launch sites and launch-site support facilities, and development of reentry
sites, with government, state, and private sector involvement, to support the full range of United States
space- related activities.” e CSLA fullls this purpose by providing authority for the private sector and
state governments to acquire: (1) launch and reentry property from the U.S. Government that is excess or
otherwise not needed for public use; and (2) government launch services and reentry services, including
utilities, otherwise not needed for public use.
e CSLA applies to commercial launch and reentry eorts. NASA denes this as activities support-
ing commercial launch or reentry (i.e. a launch or reentry that is anticipated to be subject to a license
or permit by the Federal Aviation Administration (FAA)). ese can include ights carrying a NASA
payload.
e CSLA denes launch as “to place or try to place a launch vehicle or reentry vehicle and any payload,
crew, or space ight participant from Earth” into suborbital trajectory, Earth orbit in outer space, or
otherwise in outer space, and includes “activities involved in the preparation of a launch vehicle or
payload for launch, when those activities take place at a launch site in the U.S.” (See 51 U.S.C. § 50902(4)).
Commercial launch and reentry eorts refer to activities supporting the commercial launch or reentry
of a suborbital or space vehicle, payload, or persons. Such activities may include, but are not limited to,
development of a vehicle or a payload, activities for ight, and ground safety; engineering activities;
acceptance of a vehicle or a payload (or their components) by the provider, associated handling, trans-
portation, and storage; processing a vehicle, a payload, or support for crew and spaceight participants
(including training) for launch or reentry; integrating a launch vehicle and a payload; activities at a
launch or reentry site; and conducting a launch or reentry.
e CSLA provides Federal agencies, including NASA, the opportunity to provide support to support
commercial launch and reentry eorts, usually on a direct cost basis. Further guidance on determin-
ing costs associated with a CSLA can be found in NPR 9090.1, Reimbursable Agreements. Also, consult
Appendix 5, General Guidelines for Pricing Reimbursable Agreements, of this guide for additional crite-
ria to be considered for each of these pricing methodologies.
Points of Contact
The applicability of CSLA authority should be determined in consultation with the Center Ofce of Chief Counsel and the Center Ofce of the Chief
Financial Ofcer or the Headquarters Ofce of the General Counsel and NASA OCFO, as appropriate.
References
For further information on this topic, please refer to the following:
Commercial Space Launch Act, 51 U.S.C. §§ 50901-50923
NPR 9090.1, Reimbursable Agreements
50
C. Nonreimbursable Activities
1. With Domestic Nongovernmental Partners
Agreements in which a partner does not reimburse NASA the
costs for its work are called nonreimbursable agreements.
NAII 1050-1, Section 1.4 provides a general overview on
nonreimbursable agreements. In agreements where a partner
does not fully reimburse NASA for the costs associated with that
work, NASA is spending the taxpayer’s dollars as appropriated by
Congress. Such funds must be spent in compliance with U.S. scal law.
erefore, the work being done under the agreement must be consistent
with the purpose for which Congress appropriated the NASA funds. Every
agreement in which NASA is funding some of the work — even though it is for NASA facilities and
personnel — must be reviewed by the Oce of the Chief Financial Ocer and Oce of Chief Counsel
(or Oce of the General Counsel for Headquarters agreements), as appropriate, to ensure that NASA
can appropriately cover the cost of such work. Examples illustrating this principle follow:
• A potential partner comes to NASA with a swimsuit design it wants to test in a wind tunnel. e
design is for potential use in the upcoming Olympics and is believed to reduce friction for the
swimmers resulting in potentially faster race times. e partner is willing to share the resulting
data with NASA. NASA’s funding is not appropriated for support of the Olympics or swimsuit
manufacturers. Unless the NASA activity can show a reasonable use for the data that advances
NASA’s aeronautics, space exploration, or science missions, NASA cannot agree to the work on
a nonreimbursable basis.
• A potential partner comes to NASA with a proprietary material it wants tested and the nature
of the material is seen by NASA personnel as having potential use in aircra and planetary reen-
try vehicles. e partner is willing to share the resulting data with NASA. Since NASA’s mission
covers both aircra research and space vehicles it is potentially appropriate to do the work on
a nonreimbursable basis.
Points of Contact
The designated Agreement Manager for the Center, Ofce, Directorate, or other NASA organization pursuing a partnering activity with a domestic
nongovernmental partner should be the initial point of contact for preparation of or questions about nonreimbursable Space Act Agreements.
References
For further information on this topic, please refer to:
NPD 1050.1, Authority to Enter into Space Act Agreements
NAII 1050-1, Space Act Agreements Guide, Chapter 2
Nonreimbursable
agreements are used
for mutually benecial
activities that further the
partner’s objectives and
NASA’s missions.
51
2. With Federal, State, and Local Government Partners
e Space Act provides authority for NASA to enter into agreements with other Federal Government
entities where no funds are exchanged between the parties. e Space Act Agreements Guide (SAAG, NAII
1050-1) refers to these agreements as nonreimbursable interagency agreements (IAAs). ese agreements
constitute a formal statement of understanding between NASA and the other Federal agency requiring a
commitment of NASA resources (including goods, services, facilities, or equipment) to accomplish stated
objectives. Chapter 3 of the SAAG addresses agreements with Federal, state, and local entities.
SAAG 3.2 addresses agreements with state and local government entities, including state and local
colleges and universities.
17
e approach for these binding agreements with state and local government
entities is generally the same as those entered into with private parties. erefore, the guidance and
clauses in SAAG Chapter 2 should be followed.
SAAG 3.3 addresses IAAs with other Federal agencies, which are handled dierently than agreements
with commercial or non-Federal government partners. Nonreimbursable IAAs involve “NASA and one
or more [Federal Government] partners in a mutually benecial activity that furthers NASA’s mission,
where each party bears the cost of its participation and there is no exchange of funds between the
parties.” (See NPD 1050.1) Such agreements permit NASA to utilize its goods, services, facilities,
or equipment to meet its obligations under the IAA. It is appropriate to use a nonreimbursable IAA
when NASA and another Federal department or agency are performing activities collaboratively for
mutual benet.
When NASA works with another Federal Government entity, it must (as always) ensure that its funds are
legally available in the sense that they serve a purpose for which the funds were appropriated. is same
principle applies to the other Federal entity’s use of their funds. Additionally, IAAs raise the scal law
principle that each party’s contribution cannot augment the other Federal Government entity’s appropri-
ation. is is only avoided if the work is collaborative in nature, furthering each party’s mission, and the
costs of each party are consistent with the benet derived by each party.
IAAs, to the extent practicable, should conform to the format in Chapter 3 of the SAAG. However,
if the other Federal agency provides the initial dra of the IAA, or requires removal or modication of
a standard IAA clause, the Agreement Manager should consult with the Center Oce of Chief Counsel
or Headquarters Oce of General Counsel, as appropriate, to determine whether such changes are
acceptable.
Coordination with the NASA Headquarters Oce of International and Interagency Relations (OIIR)
is required under NPD 1050.1, which states that OIIR shall review all IAAs with other Federal agencies.
Points of Contact:
The designated Agreements Manager for the Center, Ofce, Directorate, or other organization pursuing a partnering activity with another Federal
party should be the initial point of contact for preparation of or questions about nonreimbursable IAAs.
References
For further information on this topic, please refer to:
NPD 1050.1, Authority to Enter into Space Act Agreements
NAII 1050-1, Space Act Agreements Guide, Chapter 3
17
Private schools, colleges, or universities are considered domestic nongovernmental entities.
52
3. With Foreign Partners
NASA’s policy is to engage in international projects that provide technical, scientic, or economic bene-
ts to the U.S. Such projects could include foreign participation in NASA activities, NASA participation
in foreign activities, and international collaborative eorts. International cooperative activities should
contribute to NASA’s overall program objectives and U.S. national policies, such as maintenance and
enhancement of U.S. industrial competitiveness.
Generally, NASA’s cooperative activities with foreign entities are not directed toward the joint develop-
ment of technology, or products or processes that are potentially of near-term commercial value. Any
activity must be consistent with established NASA processes. Examples of NASA resources committed
to an international project include: time and eort of personnel; support services; use of facilities; goods;
and information.
It is NASA policy that, in general, research with foreign organizations will not be conducted through
grants or cooperative agreements, but instead will be accomplished on a no-exchange-of-funds basis.
Additional information can be found in Section A of the Grant and Cooperative Agreement Handbook,
part 1260.12(e)(1-5).
International projects involving a commitment of NASA resources are, with a few unique exceptions,
embodied in a legally binding international agreement or other legally binding instrument. International
agreements should be within the scientic, technical, and budgetary capabilities of each party. Some of
the policy and procedural guidelines to be followed in entering into international cooperative agreements
are contained in NPD 1360.2, Initiation and Development of International Cooperation in Space and
Aeronautics Programs.
Any agreement with a foreign entity should be executed well in advance of the commencement of signif-
icant joint activities. NASA assumes unnecessary risk if project activities, such as exchange of detailed
technical data or goods, or use of each other’s facilities take place without a legally binding agreement
in place to appropriately allocate risk of loss or damage, and impose conditions on treatment and use of
technical data or goods.
Execution of an international agreement should be treated like any other important early program mile-
stone by a program oce. Early consultation with the Oce of International and Interagency Relations
(OIIR) is critical to ensure appropriate steps are taken to properly execute an international agreement.
Generally, from the time the agreement point of contact contacts OIIR with the approved abstract (if
required), the international nonreimbursable agreement process takes four to twelve months from start
to nish. However, some agreements will require more or less time depending on the circumstances. e
OIIR point of contact can provide an estimated timeline specic to a proposed agreement once he or she
discusses the activity with the Center or Mission Directorate point of contact.
a. Connecting with the Ofce of International and Interagency Relations
Organizationally, the Oce of International and Interagency Relations (OIIR) is responsible for over-
all policy coordination for all of NASA’s international projects as well as the draing, negotiation,
execution, amendment and termination of international agreements. Within OIIR, a point of contact
is assigned to dra the international agreement with input from a Mission Directorate or Center
point of contact. Please contact the division in OIIR that supports your program for additional
information. For guidance on the appropriate division, please visit the OIIR Web site: http://oiir.
hq.nasa.gov. e appropriate program oce is responsible for the technical, scientic, programmatic,
and management aspects of the joint activity.
53
e Headquarters Oce of the General Counsel (OGC) International Law Practice Group (http://
www.nasa.gov/oces/ogc/international/index.html) assists and advises OIIR to ensure all aspects
of the international agreement are consistent with the applicable law and legal policy, and OGC also
assists and advises OIIR during the negotiation of the agreement text with the foreign entity.
b. International Nonreimbursable Agreement Process
If an abstract is required for the activity, pursuant to the abstract submission criteria described
in this guide’s Section IV.A.4, Headquarters Abstract Review Process, the Oce of International
and Interagency Relations (OIIR) will not begin work on the international nonreimbursable agree-
ment until the abstract is approved through the Headquarters abstract review process. e Mission
Directorate or Center point of contact is responsible for draing the abstract and getting it approved
through the abstract review process. Once an abstract is approved by Headquarters, the agreement
point of contact is responsible for contacting the OIIR point of contact identied in the abstract
response to initiate the international nonreimbursable agreement development process.
e OIIR point of contact will serve as the Agreement Manager for the international nonreimburs-
able agreement, but the Mission Directorate or Center point of contact will be responsible for some
of the Agreement Manager tasks, including but not limited to, determining resource availability
(personnel, goods, services, facilities, or equipment) and preparing the Estimated Price Report
(EPR) when applicable. e OIIR point of contact is responsible for draing and coordinating the
international agreement and will keep the Mission Directorate or Center point of contact informed
of the status of the international agreement throughout the entire process. OIIR will negotiate the
agreement, with assistance from OGC and the Mission Directorate or Center point of contact as
appropriate. Aer the agreement is negotiated, OIIR will obtain any nal approvals required to
conclude the agreement. OIIR will also provide guidance to the Mission Directorate or Center point
of contact regarding the signature of the international nonreimbursable agreement and process by
which the agreement will enter into force.
Further Information
For further information about initiating nonreimbursable international agreements, please contact the appropriate division within OIIR. For guidance,
please visit the OIIR Web site: http://oiir.hq.nasa.gov.
For further information about the content of nonreimbursable international agreements, please see Chapter 4 of the Space Act Agreements Guide
http://nodis3.gsfc.nasa.gov/NPD_attachments/NAII_1050-1C_08112014.pdf.
54
D. Providing Use of NASA Property and Equipment
1. Loaning NASA Property
e loan of equipment (sometimes referred to as personal
property) may occur at the onset of the domestic partner-
ship agreement or during any phase of the agreement and
will be eective from the time of issuance to the end of the
agreement. e Loan of Government Property clause will
be placed in all NASA domestic partnership agreements. e
loan period shall be for a nite time and shall be stated in the
agreement.
In an international agreement, such a loan is referred to as a Loan of
Government Property. A brief discussion of loan procedures associated
with international agreements is below. An international loan of govern-
ment property cannot take place until an international agreement and a NASA Form (NF) 893, Loan of
NASA Equipment, are in place. e Loan of Government
of Property clause is only included in international agreements if it is specically required to complete
the activity.
a. Domestic Partners
e loan of U.S. Government equipment to a domestic entity should be coordinated by the program
initiating the agreement with the applicable property custodian, the equipment manager and the
Center Supply and Equipment Management Ocer (SEMO). While the agreement is normally
between the Center and the partner, the equipment loan document should be managed at the
property custodian level with support from the SEMO. e partner should name a person in their
organization who will be responsible for the accountability of the equipment and will have the
authority to send the SEMO annual inventory validations and status regarding the equipment to
include any loss, damage, or destruction of the property.
e SEMO does not approve the loaning of equipment. e SEMO is responsible to the Center
Director for the accountability of the equipment and shall ensure the property is accounted for
through the annual inventory validation provided by the partner.
If it is known at the time that the agreement is executed that equipment will be loaned to the partner,
the NF 893 should accompany the initial agreement. If the loan of the equipment is initiated aer an
agreement is already in eect, an NF 893 should be completed and uploaded to the corresponding
agreement record in Partnership Agreement Maker (PAM).
b. Foreign Partners
Headquarters’ Oce of International and Interagency Relations (OIIR) will dra, negotiate, and execute
the appropriate international agreement to authorize the loan of government property with assistance
from the initiating organization’s Agreement Manager or other point of contact and OGC. e terms
and conditions for the loan of NASA property will be outlined in the international agreement.
An NF 893 is not sucient to enable the loan of government property to an international entity.
An international agreement is required to loan government property to an international entity, in
addition to the form NF 893.
NASA’s non-excess, underutilized
property and equipment can be
made available to partners in a
variety of ways when aligned
with NASA’s missions.
55
Once the international agreement is completed, it is the responsibility of the program or project loan-
ing the equipment to complete the NF 893. Contact the Center Supply and Equipment Management
Ocer (SEMO) or Headquarters Oce of Strategic Infrastructure-Logistics Management Division
for additional information regarding the NF 893. If a loan of government equipment is required for
an international agreement already in eect, please contact OIIR.
2. Using NASA Real Property
Per NASA Procedural Requirement (NPR) 8800.15C, Real Estate Management Program, any out-grant
agreement that includes the use of NASA real property for a period greater than ve years, with or
without renewal options, must be submitted to NASA Headquarters’ Facilities and Real Estate Division
(FRED) for review and approval. Any out-grant agreement for less than ve years may be approved
by the cognizant Center Director and does not require approval by FRED, subject to the requirements
described in this section.
Center Directors, with respect to real property under their supervision and management, may grant
a leasehold, permit, or license to any person or organization, including other U.S. Government agencies,
a state, or political subdivision or agency.
ere is no Local Authority to lease property o of the Center.
a. Requirements for Exercising Local Authority
1. e Center Director determines that the property to be granted is not required by NASA.
2. e Center Director determines the grantee’s excise of rights granted will not interfere with
NASA operations.
3. e value of the compensation or benet (fair value of money) received by NASA as consider-
ation is determined to be fair and appropriate for the usage granted.
4. e lease or agreement is for a term not to exceed ve years, including any option(s) to extend.
5. e lease or agreement provides for termination of the lease or agreement, in whole or in part,
and without cost to the Government upon either:
• Failure of the grantee to comply with any term or condition of the grant; or
• A determination by the Associate Administrator for the Oce of Strategic Infrastructure,
the Director of FRED or the Director of the eld installation concerned that the interests of
the national space program, the national defense, or the public welfare require the termina-
tion of the grant.
b. Other Requirements
Real estate agreements for out-grants shall be executed in accordance with NPR 8800.15, Chapter 6,
which discusses requirements and the approval process for use of NASA real property.
When developing NASA out-grant agreements, the following need to be considered and included in
the agreements as applicable:
• NASA Safety Requirements (NPR 8715.3, NASA General Safety Program Requirements,
NASA-STD 8719.7, Facility System Safety Guidebook, and NPR 8621.1, NASA Procedural
Requirements for Mishap and Close Call Reporting, Investigating, and Recordkeeping); and
• Environmental, Historic, and Sustainability Considerations (Section 6.2 of NPR 8800.15C).
56
3. Excessing NASA Property
NASA may not transfer title of government property under a partnership agreement. NASA property
associated with a partnership agreement is considered to be in loan status during the period of perfor-
mance of the agreement. All property must be returned to NASA prior to disposition. NPR 4300.1,
NASA Personal Property Disposal Procedural Requirements, outlines the policies and procedures for
property disposition.
e Property Act assigns the U.S. General Services Administration Administrator responsibility for
the supervision and direction over the disposition of excess and surplus property. e Center Property
Disposal Ocer (PDO) is the civil service employee who is appointed by the Center Director and has
responsibility for implementation of all duties listed in NPR 4300.1 and applicable Federal regulations.
Questions related to property disposition issues should be directed to the Center PDO. In cases where the
property is located oversees, NASA Headquarters’ Disposal Manager and the Oce of International and
Interagency Relations (OIIR) must be contacted.
E. Commercializing NASA Technology
e technology development, reporting, and transfer process
begins with technology, which can be sponsored by any one
of the NASA Mission Directorates, and can be developed at
any of the NASA Centers or outside the Agency. Technology
can also be developed by industry through contracts (for
example, Small Business Innovative Research (SBIR) awards).
When discussing technology transfer, it helps to think of these
technologies as property, but intellectual property rather than real
property. Intellectual property doesn’t only mean patents and copy-
rights, though those are common ways that people will protect their
intellectual property.
Before NASA can transfer a technology to industry, the Agency rst needs to know about it and make
a decision about whether to share it, with whom, and how. is review is initiated through a New
Technology Report (NTR). is reporting, also referred to as invention disclosure, can be done online
at http://invention.nasa.gov. Every NASA employee is required to report inventions per NPD 2091.1B.
NASA contracts, grants, and cooperative agreements have similar reporting requirements.
Any new technology, design, or concept, big or small, should be reported in an NTR. is may be a new
material or method or a modication of something already existing. It could be soware or hardware,
an algorithm or a prototype.
Once the technology gets reported, the Center Technology Transfer Oce and NASA patent counsel
determine whether the same or a similar technology already exists, determine the Agency’s owner-
ship rights to the technology, and make recommendations about the best way the technology could be
commercialized. e inventor is included in these discussions, as he or she is very oen the leading
expert in that subject.
When discussing
technology transfer, it
helps to think of these
technologies as property,
but intellectual property
rather than real property.
57
If NASA has an ownership right in the technology, NASA then decides the most ecient and eective
way for the technology to get into the hands of the public. In some cases, the best way is to publish a
paper on the discovery. In other cases, where a nonprot, college/university, or small business contractor
employee invented the technology, the Bayh-Dole Act of 1980 gives the entity the right to elect to retain
title to the invention within a certain time period. If an entity other than a nonprot, college/university,
or small business invented a new technology under a NASA-funded agreement, NASA automatically
takes title to those inventions, although the entity may request the Agency to waive its rights.
NASA patents may be licensed on an exclusive, co-exclusive, partially exclusive, or nonexclusive basis
pursuant to 37 C.F.R. 404. Exclusive, co-exclusive, or partially exclusive licenses are only allowable
if the exclusivity is necessary to incentivize the funding needed to bring the invention to practical appli-
cation or promote the invention’s utilization by the public (per 37 C.F.R. 404.7(a)(1)(ii)(A)-(C)). Patented
technologies are cataloged and marketed to industry through the Technology Transfer Portal,
http://technology.nasa.gov.
Center Technology Transfer Oces also conduct other marketing and outreach related to specic
technologies, but the best advocate for any technology is still the inventor.
NASA inventors whose patents are licensed to industry are eligible to receive royalty payments based on
a variety of factors (for example, the sales of the company). See NPR 2092.1B, Distribution of Royalties
and Other Payments Received by NASA from the Licensing or Assignment of Inventions.
In the case of soware, NASA may le patents or obtain an assignment of copyright from NASA
employees or NASA contractors. NASA’s policy is to broadly share its soware programs with industry,
academia, and other government agencies through the soware release process using soware usage
agreements, or where there is commercial value, by licensing. e rst step, again, is the NTR, but
soware moves through an ancillary review process where it is assessed for the breadth of appropriate
distribution, security level, and to determine how it aligns with various engineering protocols and stan-
dards. Once NASA has cleared the soware for distribution, it is then marketed to industry through the
Agency soware catalog, http://soware.nasa.gov.
References
This process is broadly explained in NPR 7500.2, NASA Technology Transfer Requirements. Patent licensing is explained in NPD 2090.6, Authority to
Enter into License Agreements and Implementation of Licensing Authority. Software release is detailed in NPR 2210.1C, Release of NASA Software.
59
IV. Processes for Proposing,
Implementing, and Managing
Partnerships
A. Agency-Level Processes and Procedures
1. Overview
An overview of the general partnership process is
described in the process narrative and owchart, developed
by the Oce of the Chief Financial Ocer (OCFO) Business
Process Design and Documentation Team, which is available
on the Partnerships Community of Practice (PCoP) Web site.
e narrative is not intended to provide step-by-step directions for
all possible partnership objectives and agreements, but rather provides
a high level description of many of the key steps involved in the process.
Initiators should consult with their cognizant Agreement Manager, the Oce
of Chief Counsel (Oce of General Counsel for Headquarters activities), the Headquarters Oce of
International and Interagency Relations (OIIR) for interagency or international agreements, or the NASA
Partnership Oce early in the agreement formulation process for specic advice and guidance for the
particular partnership activity being contemplated.
2. NASA Agreement Manager Role
Across NASA, Agreement Managers are responsible for collecting the pertinent information necessary
to dene the expectations of the parties that are entering into partnership agreements. e Agreement
Manager’s responsibilities include, but are not limited to, concluding the agreement formation process;
managing the dra, review and approval process of the agreement; and facilitating the meeting of the
parties’ established expectations. e Agreement Manager also identies the necessary NASA resources
and funding; determines the viability of the business case; and establishes mutually agreed-upon
processing times for concluding the agreement formation process. e Agreement Manager must also
identify and ensure timely involvement of the appropriate NASA oces in the agreement review and
approval process, including the preliminary abstract review process. Finally, the Agreement Manager
maintains a system for tracking and documenting the time required for each phase of the agreement
review and prepares an adequate review package for the Signing Ocial.
Each Agreement Manager may act as a facilitator, negotiator, or both. For the Agency’s recordkeeping
requirements, Agreement Managers must upload the signed version of domestic unclassied partner-
ship agreements and supporting documentation (including, but not limited to, annexes, task orders, or
modications to the agreement, and Estimated Price Reports) to the Agency’s Partnership Agreement
Maker (PAM) database within ve business days of agreement signature. e Agreement Manager also
plays a key role in other agreement administration responsibilities and interfaces with a suite of subject
Initiators should consult with
their cognizant Agreement
Manager, legal counsel, the HQ
Ofce of International and
Interagency Relations, or the HQ
Partnership Ofce early in the
agreement formulation process.
60
matter experts representing both sta and technical organizations, with the focus on ensuring that every
agreement is eectively utilized and strategically managed.
NASA Policy Directive 1050.1, Authority to Enter into Space Act Agreements, Section 5 denes the vari-
ous approaches for draing and executing the review, negotiation, and approval process for the breadth
of agreements NASA enters into within diverse groups of people and organizations.
Centers and Headquarters oces with delegated authority to conclude partnership agreements have
exibility to identify one or more individuals as Agreement Manager(s) and to identify individuals to
perform the required Agreement Manager tasks in coordination with the Agreement Manager(s). In the
case of international agreements, the Oce of International and Interagency Relations (OIIR) serves
in the role of the Agreement Manager and will identify a point of contact at the Center or at NASA
Headquarters to complete specic Agreement Manager tasks.
Points of Contact
Each Center identies a lead organization to manage their agreements process. NASA Headquarters also has key points of contact within each orga-
nization, (e.g., mission directorate and staff ofces) to manage its agreements process. A listing of NASA’s designated primary Agreement Managers
is available here: https://inside.nasa.gov/pacop/agreemanagers.
References
For more information on this topic, please refer to the following:
• NPD 1050.1, Authority to Enter into Space Act Agreements
• NAII 1050-1, Space Act Agreements Guide, Chapter 1
3. Performing Due Diligence Regarding Prospective Partners
As part of the early agreement formulation process, it is important that NASA agreement initiators apply
reasonable due diligence to ensure that a prospective partner is a responsible and eligible party for doing
business with the Federal Government, unless the partner is a foreign or U.S. Government entity. In
conducting the necessary due diligence, agreement initiators should consult with their Center Agreement
Manager, as well as their Oce of Chief Counsel (or Oce of General Counsel for Headquarters) as
necessary.
ere are several aspects to performing due diligence for prospective nongovernment partners. For
instance, the NASA initiator or Agreement Manager must check the U.S. Government’s System for
Award Management (SAM) system (www.sam.gov) to ensure that the prospective partner is not listed as
an excluded party for purposes of conducting business, including entering into partnership agreements,
with the Federal Government. e results of this check should be documented and signed by the NASA
Agreement Manager as part of the ocial agreement record. If a prospective partner is found to be on
the SAM excluded party list, the NASA initiator must consult with their Oce of Chief Counsel (or
Oce of General Counsel for Headquarters) to obtain a written determination of whether the proposed
partnership activity may proceed. In such a case, the written legal determination should also be included
as part of the ocial agreement record.
In addition to the requisite SAM search, NASA agreement initiators must also perform the necessary
research to verify that the prospective nongovernment partner has the nancial, technical, and other
capabilities to successfully meet their responsibilities under the agreement. is can be done using
several methods including, but not limited to, reviewing data from the following sources:
• partner nancial records (via publicly available records or requesting such records directly from
the partner)
61
• partner references
• Internet searches
• trade publications
• trade associations
• veriable knowledge of NASA personnel involved with other recent partnerships with the partner
4. Headquarters Abstract Review Process
e NASA Partnership Oce within Headquarters Mission Support Directorate is responsible for coor-
dinating the NASA-wide preliminary review of proposed unclassied partnership agreement activities
which have a signicant impact on the Agency (see Subsections a and b below). e primary purposes
of the abstract review process are to validate that NASA is being a good steward of U.S. Government
resources, ensure the soundness of the nancial approach and arm that the proposed partnership
aligns with the Agency’s policies, strategic plan and mission. Accordingly, Centers and Headquarters
oces proposing to initiate certain partnership agreements must submit abstracts of key information to
the Partnership Oce through NASA’s Partnership Agreement Maker (PAM) system prior to negotiating
or committing to any agreements.
Prior to submitting an abstract to the Partnership Oce, the initiator must fully vet the abstract within
their Center. is review should include all aected Center program and functional oces. In particular,
all abstracts must be reviewed by the initiating Center’s Oce of the Chief Counsel prior to submission
to NASA Headquarters. It is also advisable to vet proposed activities involving programmatic resources
with the cognizant Headquarters Mission Directorate prior to submitting the abstract to Headquarters.
Upon receipt of the abstract, the Partnership Oce will coordinate review of the proposed activity to
ensure Agency awareness and coordination of partnership agreement activities. is review will be
coordinated with key Headquarters stakeholder oces, as necessary, as well as aected Centers. e
Partnership Oce will provide a consolidated response to the abstract initiator either 1) indicating that
there were no substantive issues raised and that the initiator may proceed with the development of the
agreement; or 2) communicating substantive issues raised so that the initiator can provide the necessary
additional information through the Partnership Oce to facilitate further review and attempt at resolu-
tion. In some cases, the resolution process might require escalation to senior Agency management for a
decision, depending on the nature of the issue. e Partnership Oce will facilitate timely resolution of
any issues with a goal of providing a consolidated review response within eight business days.
If, aer receipt of an armative consolidated response from the Partnership Oce, there are signicant
changes to the proposed activity, parties, or terms and conditions, the Agreement Manager is respon-
sible for making the Partnership Oce aware of any such changes prior to nalizing the agreement.
Such changes may necessitate additional coordination with aected oces and perhaps a new review.
Similarly, if aer an initiating organization determined during the agreement formulation process that
an abstract was not required based on application of the abstract submission criteria, and there are
signicant changes to the proposed activity, parties, or terms and conditions, the Agreement Manager
is responsible for making the Partnership Oce aware of any such changes prior to nalizing the
agreement as such changes may necessitate an abstract review at that point.
e Headquarters Oce of International and Interagency Relations (OIIR) is responsible for the NASA-wide
preliminary review of proposed classied interagency agreements. Abstracts are required for all classied
activities with a Federal Government entity directly as a partner or indirectly as a beneciary. Initiating oces
should submit an abstract to OIIR on the appropriate secure system for Agency review. Abstracts must be
62
properly vetted within the initiating Center prior to submitting to OIIR.
18
OIIR will follow a similar abstract
review process as outlined in this section, using the appropriate classied systems and appropriately cleared
individuals from the NASA Headquarters organizations reviewing the proposed activities.
a. Abstract Submission Criteria
Preliminary abstract review is required for all proposed partnership agreement actions (including
umbrella agreements, annexes, amendments expanding the scope of an agreement, Letters of Intent, and
external partnerships concluded under specialized agreement titles) that could have a signicant impact
on the Agency. In determining which activities may have a signicant impact on the Agency, initiating
oces should follow the guidelines below. ese guidelines are intended to minimize the burden on
initiating oces by excluding certain types of activities where the risk from those activities is minimal.
In some cases when Headquarters review is not mandatory but the particular facts of the proposed
activity suggest benet from increased coordination with Headquarters, an abstract submission may be
warranted. When in doubt, initiating oces should contact the Partnership Oce to discuss.
b. Guidelines for Submission of Abstracts for Headquarters Review
i. Always Requiring Headquarters Review:
• Involve foreign entities either directly as a partner or indirectly (e.g., the activity is, or may
appear to be based on the partner’s organizational aliations, for the benet of a foreign
entity, pursuant to NPD 1370.1), except as provided in subparagraph (iii) below.
• Involve classied activities with a Federal Government entity directly as a partner or
indirectly as a beneciary, no exceptions. Initiating oces should submit an abstract to
Headquarters OIIR for Agency coordination through the appropriate classied system.
• Involve Federal Government entities directly as a partner or indirectly as a beneciary
when:
19
1) the total estimated value is over $1 million; or 2) is an umbrella agreement (as
dened in Section 1.9 of NAII 1050.1C); or 3) the NASA signatory is an ocial-in-charge of a
Headquarters oce or a Center Director,
20
except as provided in subparagraph (iii) below.
• Involve agreements with current NASA Commercial Crew Program and International
Space Station Commercial Cargo partners AND the proposed scope of work is related
to those programs, except as provided in subparagraph (iii), below.
• Involve exclusive or essentially exclusive arrangements as described in subsection II.A.1.,
Fairness, Transparency, and the Use of Competitive Procedures, of this guide.
• Cooperative Research and Development Agreements (CRADAs)
• Reimbursable agreements priced as less than full cost (e.g., involve cost waivers, involve
excluded costs under CSLA pricing authority).
ii. Generally Requiring Headquarters Review:
• Involve activities that are likely to attract signicant external interest.
• Impacts a NASA Mission Directorate’s activities, assets, or planning processes.
• Require a large commitment of NASA resources or reimbursable funding.
• Involve unusual policy waivers.
• Involve unorthodox agreement approaches.
• Involve potentially controversial activities.
18
For classied activities, Center reviews must be conducted by appropriately cleared individuals on the appropriate secure systems.
19
If the proposed interagency agreement does not meet the criteria for an abstract, the agreement is still required to be reviewed by OIIR, consistent
with NPD 1050.1 Authority to Enter Into Space Act Agreements. Accordingly, initiators must include OIIR on the routing for the draft agreement.
20
The ofcial-in-charge list is maintained by the executive secretariat and available at: http://inside.nasa.gov/content/executive-secretariat.
63
iii. Generally Not Requiring Headquarters Review:
• Agreements with foreign government and foreign noncommercial entities that are initi-
ated by a Headquarters Mission Directorate in coordination with the Headquarters OIIR
(abstracts are still required for proposed agreements with foreign commercial entities).
• Agreements with domestic partners for routine, long-standing activities that have been
previously vetted with the appropriate Headquarters oces and any aected Centers.
• Renewals, extensions or minor in-scope amendments of existing agreements that were
previously vetted with the appropriate Headquarters oces and any aected Centers
(new Annexes not previously vetted under an umbrella agreement do not qualify for this
exception).
• Routine agreements for astronaut appearances, lunar sample loan agreements, and fully
reimbursable wind tunnel test services for domestic industry or other non-Federal govern-
mental entities.
• Agreements resulting from competitive processes when those processes provide for repre-
sentation and awareness among aected NASA organizations.
• Nonreimbursable Space Act Agreements with accredited U.S. colleges and universities for
short-term research activities in NASA on-site labs or collaboration on student class design
projects.
• Fully reimbursable or nonreimbursable agreements for NASA to host short-term work-
shops or conferences.
iv. Waiver Process for Partnership Agreements Otherwise Requiring Review
• Initiating Centers or Headquarters oces may request a waiver for other proposed cate-
gories of agreements based on a consideration of risk to the Agency. Requestors should
submit waiver requests to the Partnership Oce via the Partnership Agreement Maker
(PAM) system for consideration, explaining why waiving review of the particular proposed
agreement category presents minimal risk to the Agency. e Partnership Oce will coor-
dinate with other aected NASA organizations in deciding whether to grant the waiver
request, and will communicate the decision and rationale to the requestor.
c. Required Content for Abstracts
Abstracts are typically three to ve pages in length. Abstracts must include the following informa-
tion, to the extent applicable, in addition to any other information the initiator considers relevant to
facilitate Headquarters’ review:
1. Overall description of the proposed activity or activities, type of partnership agreement
proposed, applicable authority, responsible NASA personnel, intended partner (including
beneciaries of the activity), and indication of whether the intended partner or other bene-
ciaries of the activity are foreign entities, and if so, explanation how the activity benets a
foreign entity;
2. Responsibilities of NASA and the partner;
3. Financial commitments by NASA and the agreement partner (including estimated ranges of
the total cost for NASA and the total amount to be reimbursed by the partner over the entire
term of the agreement);
64
4. NASA resource commitments (goods, services, facilities, and equipment):
• for all agreements, estimated ranges of the number of NASA civil service full-time equiva-
lents and NASA contractor work-year equivalents to be committed over the entire term of
the agreement, and a description of any NASA facilities and key equipment or assets to be
committed
• for other than fully reimbursable agreements, an identication of the specic NASA
program or other funding source for the NASA-funded costs for the agreement
• for reimbursable agreements with non-Federal agency partners, a description of how the
NASA resources to be committed are unique or not otherwise reasonably available on the
U.S. commercial market from another source
5. A description of the applicable data rights provisions, if anticipated to vary from the standard
agreement sample clauses (this information is especially important for any proposed activities
with or for the benet of a foreign entity)
21
6. Proposed term (that is, number of years) of the agreement;
7. Aected NASA Headquarters Mission Directorate(s), other Headquarters Oces, or other
Centers, if any; and
8. A description of how the proposed activities support NASA missions.
5. RESERVED
6. Notice of Signicant Partnership Action
e purpose of the Notice of Signicant Partnership Action (NOSPA) is to coordinate Center announce-
ments of signicant partnership actions with Headquarters stakeholders including the A Suite, Oce
of Communications (OComm), Oce of Legislative and Intergovernmental Aairs (OLIA), appropriate
Mission Directorate(s), and other key stakeholders.
NOTE: e NOSPA process, which takes place just prior to agreement award, is not a substitute for
the up- front vetting processes that are required in the initial phases of establishing partnerships.
Please see Section IV.A.4, Headquarters Abstract Review Process, regarding Headquarters early
awareness procedures.
An initiating organization must submit a NOSPA if directed by the NASA Partnership Oce or Acquisition
Strategy Council for a particular partnership action. Also, an initiating organization should exercise
prudent judgment in deciding whether the submission of a NOSPA is warranted for any other signi-
cant partnership action. For example, a NOSPA may be warranted for partnership actions resulting from
competitions, relating to terminations of existing partnerships, or meeting any of the following criteria:
• Involve signicant capability development and/or have implications across the Agency and/or
require substantial support from NASA including subsystem design/develop tasks;
• Are high visibility because of the: (1) importance to an agency’s mission; (2) high development,
operating, or maintenance costs; (3) high risk; (4) high return; or (5) signicant role in the admin-
istration of the Agency’s programs, nances, property, or other resources; or
• Will be of signicant interest to the Administration, Congress, and the general public.
21
NPD 1370.1, paragraph 1.d(3).
65
If a NOSPA is required for a particular partnership action pursuant to PC direction, or is otherwise
warranted in the judgment of the initiating organization based on the above criteria, the initiating
organization should submit a dra NOSPA to the Partnership Oce via encrypted e-mail at least
ve business days in advance of any public announcement for the action. Prior to submission to the
Partnership Oce, the dra NOSPA should be coordinated with the initiating organization’s manage-
ment and communications oces, with the expectation that the content may be used for release to the
press and other external stakeholders. e NOSPA should contain the following content:
• Title of partnership action
• Name and full address of selected partner/s (including nine-digit zip code)
• Detailed description of partnership (including whether the partnership action is the result of a
competition or a termination; type of partnership; NASA assets involved)
• Estimated total dollar amount of the NASA resources to be committed and expected term
(number or months or years) of the partnership
A sample NOSPA is provided in Appendix 4 of this guide.
7. Agreement Close-out Process for Other Than Fully Reimbursable Agreements
Domestic and unclassied nonreimbursable agreements and domestic and unclassied reimbursable
agreements with waived costs require a close-out report be submitted. Since NASA is investing resources
in these types of agreements, it is important to capture the benets and/or results related to NASA’s
eorts and investment. Agreement Managers, working with the agreement Technical Point of Contact,
are required to provide timely, accurate, and complete close-out reports for all agreements that are not
fully reimbursable.
Close-out reports are submitted via NASA’s Partnership Agreement Maker (PAM) system. PAM gener-
ates reports on the 15th of every month, which are automatically sent to the lead Agreement Managers
for each Center and applicable Headquarters oce. e PAM reports identify agreements for which
close-out reports need to be completed. Close-out reports should be completed within 15 days aer the
agreement’s expiration and shall include sucient information (generally several sentences in lieu of
several words) to describe the results from each partnership.
For questions about the close-out process, please contact your organization’s lead Agreement Manager
(see listing here: https://inside.nasa.gov/pacop/agreemanagers) or the NASA Partnership Oce.
8. Agreements to be Performed by NASA’s Jet Propulsion Laboratory
e NASA Management Oce (NMO) administers the Federal prime contract with the California
Institute of Technology (Caltech) to operate the Jet Propulsion Laboratory (JPL), NASA’s Federally
Funded Research and Development Center. Under the contract, Caltech is permitted to perform work for
non-NASA partners when it benets NASA and meets other requirements (for example, the work must
be consistent with one or more of the core competencies identied in the contract, must be consistent
with NASA’s missions, and must not compete with the private sector).
66
If the NMO determines that the partner’s proposal falls within the core competencies listed in the
Caltech prime contract, and is otherwise appropriate for Caltech to perform, the NMO Procurement
Ocer executes a fully reimbursable Space Act Agreement (SAA) with the partner in accordance
with applicable Agency policies and procedures and Headquarters review requirements. An NMO
Contracting Ocer then creates a task order under the Caltech prime contract, allowing for Caltech to
perform the services for the partner.
Since Caltech performs the SAA services through its contract with NASA, multiple SAA standard clauses
are modied to align with the terms and conditions of the Caltech prime contract, particularly the
intellectual property rights clauses. e NMO and the NASA Headquarters Oce of International and
Interagency Relations coordinate on international agreements to ensure that clauses are consistent with
the Caltech prime contract.
9. Agreements for Classied Activities
Per NPD 1050.1(5)(c), the Oce of International and Interagency Relations (OIIR) is responsible for
the NASA-wide preliminary review of proposed classied interagency agreements and for centralized
tracking and coordination of classied Interagency Agreements (IAAs). Oces desiring to partner with
another Federal Government entity on a classied activity should submit an abstract to OIIR for Agency
coordination on the appropriate classied system. Abstracts are required for all classied activities with
a Federal Government entity directly as a partner or indirectly as a beneciary (see Section IV.A.4,
Headquarters Abstract Review Process). If the abstract is approved, the initiating oce should dra the
classied IAA on the appropriate classied system and submit it to OIIR for agency coordination. Once
a classied IAA is concluded, the Agreement Manager must provide a copy of the executed agreement to
OIIR on the appropriate classied system.
NASA’s Partnership Agreement Maker (PAM) system is an unclassied system and is not authorized to
be used in any way for the draing, routing, storage, or processing of classied abstracts, agreements,
or any associated documents. Likewise, there must not be any documents uploaded into PAM (e.g.,
“dummy records” for reimbursable funds processing) relating to classied agreements or activities. All
processing and documentation for classied agreements and activities will be managed by OIIR via the
appropriate system.
More Information
For guidance on classied IAAs, please see chapters 1.3 and 3 in the Space Act Agreement Guide (SAAG) or contact Margaret Kieffer, Director, Export
Control and Interagency Liaison Division, Headquarters OIIR.
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10. Umbrella Agreements
Umbrella Agreements (UAs) provide a mechanism for NASA and a partner to agree to a series of related
or phased activities using a single governing instrument that contains all common terms and conditions.
e UA establishes the legal framework for the accompanying annexes. Individual tasks are implemented
through annexes adopting the terms and conditions of the UA and adding specic details for each task.
22
For example, a UA may be advisable where NASA anticipates repeated activities will be performed under
a partnership agreement (for instance, iterations of testing or analysis), but cannot predict the extent of
such activities. A UA might also be useful for activities expected to have multiple phases wherein the
conduct of subsequent phases is dependent on the results of the former.
e use of a UA reduces administrative burden for NASA and the partner because it allows the parties to
proceed with initial tasks contained in annexes and add additional related tasks in subsequent annexes as
the activity progresses, without requiring an additional partnership agreement or a formal modication
to the underlying UA. UAs may have several annexes, including annexes from dierent NASA Centers
signed by the Center undertaking the activity.
23
Please note, however, that initiating oces may not mix
reimbursable and nonreimbursable annexes under a single UA because these agreement types involve
dierent underlying clauses and provisions. If both types of activities are contemplated with a given part-
ner, two separate UAs would be required with the partner — one for reimbursable activities and another
for nonreimbursable activities.
In developing UAs, NASA organizations are encouraged to coordinate within the Agency partnerships
community to be forward leaning in developing an appropriate scope to accommodate potential cross-
Agency opportunities when feasible. To facilitate this coordination, a link to a real-time Partnership
Agreement Maker (PAM) report of active NASA (domestic unclassied) umbrella agreements is posted
to the Partnerships Community of Practice (PCoP) Web site and is accessible here: https://pam.nasa.gov/
main/agency_umbrella_agreement_report.aspx.
For Annexes issued under umbrella agreements, the term (i.e., period of performance) of the Annex may
not extend past the end date of the umbrella agreement under which it is issued.
22
All annexes issued under a UA must cite a legal authority or authorities based on the legal authority or authorities cited in the UA.
23
A UA and Annex do not have to be executed by the same Center or same Signing Ofcial. All that is required is that the UA and all Annexes are
executed by a NASA Signing Ofcial with authority to bind the parties as provided in NPD 1050.1.
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B. Center-Level Processes/Procedures
1. Ames Research Center
a. Ames Research Center Technology Transfer Process
http://www.nasa.gov/ames-partnerships/about
1.1. Convergence of interests and goals between NASA and potential external partners; NPR
7500.2, Technology Transfer Requirements: http://nodis3.gsfc.nasa.gov/npg_img/N_
PR_7500_0002_/N_PR_7500_0002_.pdf
a. NASA Technologies, R&D, Facilities, Expertise, Objectives, Mission
b. Industry or other external partner, e.g. academia, government, nonprots, etc.: Funding,
Expertise, Equipment, Market Knowledge
• Benet: Shorter Technology Development-Enabling NASA missions, Technology Infusion,
NASA Technology Transfer, US Economic Benets
• Enhanced Technical Capabilities
• Matured Technology
• New & Improved Products
• New Businesses and Industries
1.2. Prospect & Marketing to Identify Potential Partners for Research Collaborations
a. Understand the Research
• Researcher is Interviewed Regarding Technology & IP
• NASA Technology Transfer System (NTTS) Search is Performed https://ntts.arc.nasa.gov/
(NASA Internal)
• Assess the Value of the Invention Disclosure and Patent
• Identify a Headquarters Champion
b. Determine Potential Applications
• Identify Potential Commercial Applications
• Attend Conferences to Understand Commercial Relevance
c. Anticipate Ways to Promote
• Market Technology rough External Communication: e.g. Tech Briefs, Spin- Os, etc.
• Develop Target Sector/Partners: attend conferences; understand the value of technology
applications.
1.3. Scope Partnership for Mutual Benet
a. Dene the Value of the Partnership
• Understand Partner’s Need
• Understand NASA’s Benet
• Discuss Technology Capability and Partner Needs
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b. Scope the Collaboration
• Develop the Scope
• Lay Out the Schedule
• Generate Estimated Price Report (EPR) to
Determine and Approve Costs and Resources (if
applicable)
• Identify the type of agreement/legal instrument;
NPD 1050.1I Authority to Enter into Space Act
Agreements (SAAs) http://nodis3.gsfc.nasa.gov/display-
Dir.cfm?t=NPD&c=1050&s=1I
• Set Expectations
c. Conduct Due Diligence
• Identify Inventions/Soware with Researcher
• Identify Background Intellectual Property (IP) and Data (NTR’s, NTTS, Tech Briefs,
Soware Release)
• Assess New IP Potential and Rights
d. Assess Whether Special Terms Are Needed; NASA Advisory Implementing Instruction
(NAII) 1050-1C, Space Act Agreements Guide (SAAG), at: http://nodis3.gsfc.nasa.gov/NPD_
attachments/NAII_1050-1C_08112014.pdf
• Can Standard Terms Be Used
• Are Special Terms Required: Payment Terms, IP Rights, PR, etc.
• Discuss Special Terms with Mission Support Sta e.g. nance
• Confer with Ames Research Center (ARC) Legal
1.4. Complete the Pursuits Registry Process and Develop Agreement in Partnership Agreement
Maker (PAM) and https://pam.nasa.gov/ (NASA Internal)
a. Ensure Pursuit is Submitted https://newpursuits.arc.nasa.gov
• Obtain ARC Directorate Approval
• Attend Pre-Meeting
• Obtain Headquarters Approval
b. Prepare Agreement; NAII 1050-1C, SAAG, SA Advisory Implementing Instruction NAII
1050-1C at: https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=1050&s=1I
• Enter Agreement into PAM
• Peer Review of Dra Agreement
c. Determine if Standard Terms Can Be Used
• If not, seek assistance from ARC Legal to dra terms
• Complete legal review
d. Provide Dra to Partner
• Set expectations with partner and researcher
1.5. Negotiate Agreement to Find a Path Forward that Both the Researcher and Partner Agrees On
Centers have local
processes , procedures,
and resources in place
to assist with the
partnership agreement
formulation process.
70
a. Obtain Partner Comments Regarding the Proposed Agreement
• Review Comments with Researcher
• Review Comments with ARC Legal
b. Dra the Final Agreement
• Make Revisions as Needed Based on NASA’s and Partner’s Needs
1.6. Execute Agreement and Secure Approvals
a. Obtain Partner Approval
• Send Dra Agreement to Partner
• Review with Partner and Obtain Signature
b. Obtain NASA Approval
• Seek NASA ARC Approval through E-Router
• Discuss Issues with ARC Finance and ARC Legal, as needed
c. Distribute Executed Agreement
• Notify Partner
• Notify Researcher
• Mail the Agreement
• Enter Agreement into NASA Technology Transfer System (NTTS) & PAM
• Archive Agreement
1.7. Manage Relationship
a. Launch Project
• Assist Researcher in setting up nances e.g., WBS, Payment
b. Prepare Communication Strategy
• Manage Internal Communications
• Develop External Communication Strategy with Partner as Approved by NASA
c. Manage the Relationship
• Address Contract Modications/Follow-on Eorts
• Review Licensing Milestones
• Address Other Non-Technical Requests
b. How Technology Transfer is Performed at Ames Research Center
NPR 7500.2, Technology Transfer Requirements: http://nodis3.gsfc.nasa.gov/npg_img/N_
PR_7500_0002_/N_PR_7500_0002_.pdf
1.8. Technology Invention Capture
a. Scientic discoveries and research is performed
1.9. Technology Disclosure http://invention.nasa.gov
a. New Technology Report (NTR) is submitted
1.10. Technology Viability Assessment
a. Technology Partnership Manager Review NTRs
b. ARC Legal Review of NTRs
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1.11. Disposition
a. Technology Partnership Manager and ARC Legal Decide which NTRs to Pursue for Patenting
b. For technology that will not be patented, the Technology Partnership Manager and ARC legal
determine a soware release.
1.12. Patent Processing and Publication http://technology.nasa.gov/patents
a. Either a Provisional or Non-Provisional Patent is Issued
1.13. Prospect and Marketing
a. Provisional Patent Receives Publication Export Control Review
b. Non-Provisional Patent Receives a Marketing Strategy
• Tech Briefs www.techbriefs.com
• Technical Fact Sheets/ARC Technologies Available for Licensing:
http://www.nasa.gov/ames-partnerships/patent-portfolio
• Soware Catalog https://soware.nasa.gov
• Quick Launch https://quicklaunch.nasa.gov
• Spino Database http://spino.nasa.gov
1.14. Intellectual Property Management & Licensing
http://www.nasa.gov/oces/oct/tech_transfer/intel_prop_mgmt_page.html
a. Condential Financial Disclosure is Created
b. Technical Exchange with Private Industry
c. License Application is Issued and Reviewed
d. License is Negotiated
e. License Agreement is Draed
1.15. Technology Transfer http://technology.nasa.gov
a. Communicate Social Benet
• Technology is Made Available to Public
• Education & Outreach
• New Media
• Social Media
• Old Media
c. Ames Research Center Property Management Processes
• e Equipment Management Oce provides technical expertise on requirements & processes
to include:
• Conducting inventories of controlled equipment
• Coordinating formal loans & inter-Center borrows
• Screening purchase orders for Property re-utilization in the acquisition process
• Initiating the excess of government property
• POC: Logistics Services 650-604-5576
72
• Equipment Management: Property Disposal
• Responsible for screening, redistribution and marketing activities of NASA- owned excess,
surplus, and exchange/sale personal property. is includes both controlled (decaled) and
noncontrolled personal property and equipment
• is includes transfers, exchange, sale and abandonment or destruction of NASA-owned
property as well as acquiring other Federal agencies’ excess personal property for NASA’s
use to reduce new procurement costs
• Approve (within delegation limits of Federal laws and regulations) authorized direct trans-
fers of excess or surplus property to other NASA Centers, Federal agencies, and eligible
donees.
• Process pending excess items that are entered into the N-prop system (Decaled and
Non-decaled personal property and equipment)
d. Ames Research Center New Pursuits Registry
e New Pursuits Oce is responsible for the New Pursuits Registry online database and the coordi-
nation of the review and approval process for all new pursuit activities at ARC. New Pursuit activities
include all types of events, peer-reviewed proposals, property leases, SAAs, and all other partnerships
or potential deals between ARC and an external partner. All ARC employees have the responsibility
to ensure that any and all of these activities are registered and approved through the Pursuits Review
and Evaluation (PRE) process before work begins. In addition to new pursuits, it is also the respon-
sibility of all Ames employees to submit all modications, amendments, annexes, and addendums to
existing pursuits into the New Pursuits Registry before work under the changed parameters begins.
e PRE process is led by e New Pursuits Oce and the ARC Chief of Sta.
Process Overview:
Step 1: Submit Pursuit into ARC Pursuits Registry database Step 2: Attend ARC PRE meeting
Step 3. Complete PRE Meeting Actions and Resubmit Pursuit Step 4. Final Center Review by Legal
and Center Management
Step 5. Submit to NASA Partnership Oce within the Headquarters Mission Support Directorate
for Abstract Review Process
Step 6. Respond to any Headquarters questions or concerns
Step 7. If Headquarters Approval is received, Proceed with Agreement
For details and directions on submissions to the New Pursuits Registry, please go to: https://newpur-
suits.arc.nasa.gov
Some items are submitted primarily for informational and awareness purposes. ese include all
types of proposals, Enhanced Use Lease (EUL) agreements, minor modications or extensions to
existing agreements and small events. Other pursuits relating to interagency agreements, large events
or events that involve media, and all new SAAs will need to undergo review at both ARC and NASA
Headquarters. e ARC PRE process includes the initial review and evaluation of submissions of
abstracts to NASA Headquarters for all new activities that fall under the criteria specied in this
guide’s Section IV.A.4, Headquarters Abstract Review Process.
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2. Armstrong Flight Research Center
Partnerships with Armstrong Flight Research Center (AFRC) provide access to unmatched environment
for experimental ight test, and as part of the partnership, we oer extensive experience, expertise, and
facilities not available elsewhere.
AFRC’s Advanced Planning and Partnerships Oce serves as the primary point of contact for exploring
partnership opportunities with AFRC by nding the skill sets to meet your needs, develop requirements,
and facilitate the negotiation of an agreement to secure your access to NASA’s equipment, facilities, and
capabilities.
POC: John Del Frate - Director
Advanced Planning and Partnerships
P O Box 273, MS 2701
Edwards, CA 93523
phone: 661-276-3704
e-mail: john.h.delfrate@nasa.gov
For further information about this topic, please see http://www.nasa.gov/centers/armstrong/capabilities/CodeZ/index.html
a. Armstrong Flight Research Center Equipment Loan Process
Armstrong equipment is available to be loaned to Government and non- Government organizations,
private individuals, corporations, or other entities, provided the loan is in the public interest and
meets the following criteria:
a. e borrower has both the facilities and capability to secure and safely operate the equipment,
including the submission of training/certications to operate the equipment.
b. e loan is temporary.
c. It benets the Government.
d. e borrower acquires no rights to the equipment.
e. e equipment is not modied (if modications are required, deviations should be obtained).
POC: Facilities Engineering and Asset Management Ofce
Benjamin Robles
Supply and Equipment Management Ofcer
Armstrong Flight Research Center Phone: 661-276-2590
Email: benjamin.a.robles@nasa.gov
For further information about this topic, please refer see NPD 4200.1 and NPR 4200.1.
b. Armstrong Flight Research Center Excess Property Process
Assets that no longer have a justied need by the user or the specic program are considered excess.
While AFRC does not have direct authority to dispose of its excess personal property assets, AFRC’s
Facilities and Asset Management Oce can assist in the disposition process, which includes re-utiliz-
ing/transferring, donating, abandoning/destroying, demilitarizing/ITAR, scraping, recycling, selling,
and artifact designation.
POC: Facilities Engineering and Asset
Management Ofce Benjamin Robles Property Disposal Ofcer
Armstrong Flight Research Center Phone: 661-276-2590
Email: benjamin.a.robles@nasa.gov
For further information about this topic, please refer see, NPR 4300.1C; DCP-F- 605.]
74
c. Armstrong Flight Research Center Technology Transfer Process
AFRC’s Technology Transfer Oce actively promotes partnerships between industry, academia, and
other government agencies and AFRC’s researchers, leveraging the Center’s technology, expertise,
and facilities to solve technological challenges for NASA and its partners.
POC: Technology Transfer Ofce
Armstrong Flight Research Center Phone: (661) 276-3368
Fax: (661) 276-3001
Email: DFRC-TTO@mail.nasa.gov
For further information about this topic, please visit AFRC’s Technology Transfer Web site at
https://www.nasa.gov/ofces/ipp/centers/dfrc/index.html
3. Glenn Research Center
e Glenn Research Center (GRC) has very active new business and partnership activities. ey are led
by the Center’s senior management through a New Business Council (NBC) that reviews and approves
all new business pursuits and proposals at the Center. e NBC was established in April of 2010 and is
chaired by the Deputy Center Director. e Council is responsible for reviewing and approving both new
business areas for the Center to pursue, and specic new business proposals that the Center is a major
partner in or leading.
In support of these pursuits and partnerships, the Technology Transfer Oce (TTO) in the Oce of
Technology Incubation and Innovation provides support to the NBC through its management and
processing of all Space Act Agreements and licenses. In addition, the TTO has established a series of
training presentations as well as summary step by step guides in accordance with all Agency procedures
to facilitate the eective and ecient processing of new technology reports, necessary to license GRC’s
technology. e TTO is available to assist initiators with creating and negotiating agreements to best
serve the partner and Center. A list of training guides can be found within the Partnership Agreement
Maker (PAM) system as well as through the Center Web Intranet at Glenn (WING). Lastly, a current
list of points of contact for all partnership activities and other key related information can be accessed
through the TTO Home Page at http://technology.grc.nasa.gov.
4. Goddard Space Flight Center
At the Goddard Space Flight Center (GSFC), collaboration and partnerships with other government
agencies, academia, and industry are key to achieving GSFC’s mission. GSFC has a long history of part-
nering across all GSFC sites: Greenbelt, Maryland; Wallops Island, Virginia; Independent Verication
and Validation (IV&V) Facility in West Virginia; Goddard Institute of Space Studies in New York City;
and others. All sites manage specic GSFC lines of business and provide partners access to agship
spacecra and instrument development, space operations services for NASA, and other government and
commercial spaceight programs, world class scientic capabilities and expertise for Earth and space
science; and small suborbital through medium class orbital mission management including NASA’s only
launch range services. ese extensive capabilities, experience, expertise, and facilities are not available
elsewhere.
75
GSFC’s broad portfolio of partnerships are managed by individual Directorates, and coordinated centrally
through Center management reviews and an overall lead Center Agreement Manager function. GSFC’s
specic process is documented in Goddard Policy Directive (GPD) 1050.1A. Specically, the GSFC Strategic
Partnerships Oce coordinates three very important GSFC types of partnerships: global partnerships,
technology transfer, and Small Business Innovative Research/Small Business Technology Transfer (SBIR/
STTR) agreements. e Wallops Flight Facility (WFF) New Business Oce coordinates mission partner-
ships at the WFF. e specic GSFC policy GPD 1050.1A and all specic lines of business agreement points
of contact for GSFC are listed on the Agency Partnership Community of Practice Web site.
5. Headquarters
Headquarters oces follow established Agency procedures in formulating and managing partnership
agreements. In addition, certain Headquarters oces have issued additional lower-level implementa-
tion guidance specic to their areas (for example, the Aeronautics Research Mission Directorate issued
its ARMD Partnership Strategy and Guidelines document in February 2015). Such guidance can be
found on the Partnerships Community of Practice Web site, under the Headquarters & Center Specic
Guidance section here: https://inside.nasa.gov/pacop/nodislinks.
6. Jet Propulsion Laboratory
e NASA Management Oce oversees the partnerships function at NASA’s Jet Propulsion Laboratory
(JPL) in accordance with applicable Agency policies and procedures and Headquarters review require-
ments. JPL is a Federally funded research and development center operated by the California Institute of
Technology (Caltech). JPL-related partnerships originate from partners requesting unique JPL services
that are not reasonably available from the U.S. private sector. Caltech Contract Administrators and
Technical Managers collaborate to prepare dra Space Act Agreements (SAAs), including interagency
agreements with other Federal agencies, which are submitted to the NASA Management Oce (NMO)
Contracting Ocers for review and negotiation, and, if warranted, signature by the NMO Procurement
Ocer. (See this guide’s Section IV.A.8, Agreements to be Performed by NASA’s JPL, above). e NMO
signs and administers the resultant SAA and passes the corresponding work through to Caltech under a
task order under the NASA- Caltech prime contract. Caltech is responsible for all aspects of performing
the work on behalf of the partner.
7. Johnson Space Center
e Strategic Partnerships Oce (SPO) at the Johnson Space Center (JSC) serves as the Center oce
of primary responsibility (OPR) for Center partnership development activities. Coordination of Center
partnership development eorts is accomplished through the SPO chaired Strategic Development Panel,
which includes representation from Center technical, program, and support organizations. e Strategic
Partnerships Oce also serves as OPR for the Space Act Agreement and Cooperative Research and
Development agreement processes. Center implementation is accomplished through a community of
organizational agreement managers as detailed by JSC Procedural Requirements 1050.1 https://cdms.
nasa.gov/assets/docs/centers/JSC/Dirs/JPR/JPR1050.1D.pdf. In addition, the following internal Web site:
(http://ao.jsc.nasa.gov/pages.ashx/34/Agreements) identies current Directorate agreement managers,
support organization leads, as well as provides a summary of agreement guidelines.
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8. Kennedy Space Center
a. Partnership Development Process (KDP-KSC-P-1864)
Kennedy Space Center’s (KSC’s) Center Planning and Development (CPD) organization serves as the
primary point of contact to potential external partners and internal organizations who are exploring
partnership opportunities with KSC. CPD serves as a Center resource for consultation and agree-
ment formulation. e CPD Partnership Development Process provides a life cycle overview for the
establishment of agreements and enables timely eective decision making and maximizes the use of
available KSC resources while assuring compliance with Agency policy, procedures, requirements,
and Federal law. e process uses established criteria to assure KSC and Agency stakeholder vetting
of partnerships, as well as identies three subprocesses for agreement formulation based on the
unique aspects of each agreement.
POC: Vicki Johnston
Center Planning and Development
Mail Code: AD
Kennedy Space Center, FL 32899 phone: 321-867-3722
email: vicki.c[email protected]
For further information about this topic, please see:
Center Planning and Development https://ad.ksc.nasa.gov
KSC Master Plan http://masterplan.ksc.nasa.gov
KSC Announcement for Proposal Guide
https://tdksc.ksc.nasa.gov/servlet/dm.web.Fetch/AFP_KTI-1864_6-25- 2015_Final.pdf?gid=1010343&FixForIE=AFP_KTI-1864_6-25- 2015_
Final.pdf
Center Facility/Major Asset Assignment Decision Process
https://tdksc.ksc.nasa.gov/servlet/dm.web.Fetch/KDP-KSC-P- 2235_CntrFacilityMajorAssetAssignment.pdf?gid=979305&FixForIE=KD
P-KSC-P-2235_CntrFacilityMajorAssetAssignment.pdf
b. Kennedy Customer Agreements Process (KDP-KSC-P-1885)
CPD serves as the responsible organization for all KSC matters relating to Agency’s Partnership
Agreement Maker (PAM) system and serves as the primary interface to the Agreement Manager
community. CPD provides assistance to those involved in formulation and execution of agreements
and assures compliance with NAII 1050-1, Space Act Agreements Guide (SAAG). is documented
procedure serves as an overview of stakeholder roles and outlines primary steps required for creation,
revision, review, approval, and expiration of partnership agreements at KSC, as well as maintenance
of ocial records.
POC: Vicki Johnston
Center Planning and Development Mail Code: AD
Kennedy Space Center, FL 32899 phone: 321-867-3722
email: vicki.c[email protected]
For further information about this topic, please see:
https://pam.nasa.gov
https://inside.nasa.gov/pacop/agreemanagers
c. Reimbursable Agreements Process (KDP-P-4.8.1.1)
is Chief Financial Ocer (CFO) documented procedure outlines the roles and primary steps
within the CFO organization for the pricing, development, review and approval of Estimated Price
Reports in compliance with NPR 9090.1, Reimbursable Agreements. is process also documents
steps for processing and accounting of partner funding in NASA’s accounting system.
77
POC: Eric Lenck
Financial Accounting Ofce Mail Code: GG-A-A
Kennedy Space Center, FL 32899 phone: 321-867-3872
email: eric.lenck@nasa.gov
For further information about this topic, please see:
Kennedy Documented Procedures (see Chief Financial Ofcer listing) http://businessworld.ksc.nasa.gov/ksc_docproc.html
NPD 9080.1, Review, Approval, and Imposition of User Charges
d. Task Order Request Process (KDP-KSC-P-9090)
Kennedy Space Center’s Spaceport Integration and Services (SI) Directorate is the primary imple-
menting organization and point of contact for KSC’s major partners. e agreements that SI
implements uses KSC’s Task Order Request (TOR) Process as the mechanism for the partner’s to
request services or use of property, facilities, and assets from NASA KSC.
POC: Jean Flowers
Chief, Customer Services and Integration Branch Mail Code: SI-I1
Kennedy Space Center, FL 32899 phone: 321-861-9304
email: jean.s.owers@nasa.gov
Reference Link: https://tdksc.ksc.nasa.gov/servlet/dm.web.Fetch?did=35625&rev=$latest
9. Langley Research Center
Langley Research Center (LaRC) evaluates potential strategic partnerships on a case-by-case basis,
considering such factors as alignment with Center and Agency strategies, utilization of Center workforce
and capabilities, or other benets to the Agency and national priorities. LaRC product units (Science;
Aeronautics; Space Technology and Exploration) lead these assessments along with the Oce of Strategic
Analysis, Communication, and Business Development (OSACB) with core resource organizations
(Research; Engineering; Systems Analysis and Concepts).
a. Space Act Agreements (Domestic/International)
is is information pertaining to LaRC’s development and processing of Space Act Agreements
(SAAs). LaRC has a team of Agreement Specialists who reside in the Aeronautics Research
Directorate who develop and process all the SAAs for LaRC. Contact the Center Agreements
Manager, Sherri Yokum, at sherri.l.yokum@nasa.gov or 757-864-3739 to initiate an agreement.
An overview of our agreements process and our FAQ’s are available on the LaRC Web site provided
below.
For information regarding SAAs at LaRC, check our internal Web site at https://saa.larc.nasa.gov. Additional reference documents are
CP-1050.3, CP-1050.7, and Langley Policy Directive (LaPD) 1050.1 which are available on our internal Web site above and on the Langley
Management System (LMS) at https://lms.larc.nasa.gov/index.cfm.
b. Interagency Acquisition Agreements (7600A/B Forms)
is process is owned by Oce of Chief Financial Ocer. is mechanism allows NASA to purchase
goods, services, and workforce from other Federal Government Agencies. Contact Gerri Smith in
OCFO at gerri.r.smith@nasa.gov or the IAA team in OCFO at larc-dl-ocfo-iaateam@mail.nasa.gov
to initiate.
Internal process is kept on OCFO shared drive and sent out when needed.
78
c. Intergovernmental Personnel Act (IPA) Agreements
An IPA Agreement permits the temporary assignment of personnel between Federal agencies; state,
local, and Indian tribal governments; colleges and universities; and certain other organizations. For
information regarding IPAs, refer to Langley Procedural Requirements (LPR) 3334.1F, and consult
Oce of Human Capital Management.
LPR 3334.1F is available on LMS Web site at: https://lms.larc.nasa.gov/index.cfm
d. Property Loan Agreements
LaRC Point of Contact is Richard De Jesus. LaRC processes for outgoing and incoming property
loans are documented in LMS CP-2731 and LMS CP- 2737 and available on the LMS Web site.
Outgoing Property Loans LMS-CP-2731; Incoming Property Loans CP-2737 available on LMS Web
site at https://lms.larc.nasa.gov/index.cfm
e. Software Usage Agreements
For information regarding soware usage agreements, consult Bonnie Lumanog who is the Point of
Contact at LaRC for the Soware Usage Agreements.
f. Patent License Agreements
Summary: Contact the Technology Commercialization Specialist, Kathy Dezern, to discuss Patent
License Agreements.
LMS CP-1716 on LMS Web site at: https://lms.larc.nasa.gov/index.cfm; also, https://technologygate-
way.nasa.gov/index.cfm?fuseaction=partnerships
provides links to other Web sites covering licensing and Quicklaunch licenses.
g. Nondisclosure Agreements
Contact OCC to discuss. We do not sign Nondisclosure Agreements.
Work with OCC if one is requested to substitute the Federal Acknowledgement of the Applicability of
the Trade Secrets Act for consideration.
h. Distinguished Researcher Agreements
Acceptance of gratuitous services for Distinguished Research Associates are processed under NPR
9090.1, paragraph 1.2.2(b) and LaPD 1300.4
LaPD 1300.4 available on the LMS Web site at: https://lms.larc.nasa.gov/index.cfm
i. Student Volunteer Agreements
Summary: Contact OHCM/Oce of Education for discussions regarding Student Volunteer
Assignments.
j. LaRC Exchange Agreements
ese are agreements for using LaRC Exchange facilities.
Consult OHCM/Randy Cone and OCC to discuss.
List of Reference Links: LaPDs 9050.7, 9050.8, 9050.9 are available on the LMS Web site at
https://lms.larc.nasa.gov/index.cfm
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10. Marshall Space Flight Center
e Marshall Space Flight Center (MSFC) partnerships process is documented in Marshall Procedural
Requirements (MPR) 1050.2, Procedure for Executing Agreements with Non-MSFC Entities. is
document describes the responsibilities of all involved parties, the procedure for processing Space Act
Agreements (SAAs), and the procedure for processing Enhanced Use Leases (EULs). is document
should be consulted for the authoritatively prescribed SAA and EUL processes.
MSFC executives as high as the Center Director sign o and approve these agreements. MSFC personnel
who create and process the agreements include the Center Agreement Manager, a team of Agreement
Specialists, Partnership Managers in the Partnerships Oce, management and technical points of
contact who will perform the agreement work, the Oce of the Chief Financial Ocer, the Oce
of the Chief Counsel, and others as needed. e MSFC Agreement Manager is Steve Lambing
(steve.lambing@nasa.gov, 256-544-2277). e manager of the MSFC Partnerships Oce is Sam Ortega
(sam.ortega@nasa.gov, 256- 544-9294).
e Center Agreement Manager resides in the Oce of Strategic Analysis and Communications (OSAC).
Agreement Specialists reside in OSAC and are also located in other Center organizations directly
involved in the SAAs.
a. Space Act Agreement Process
e Space Act Agreement (SAA) process begins when management or technical points of contact
(MPOCs and/or TPOCs) begin discussing possible work with a potential partner. A Partnerships
Manager (PM) from the Partnerships Oce is usually involved once these discussions begin to take
focus. e PM and an Agreement Specialist (AS) guide the MPOC/TPOC through the agreement
development and approval process. is may include a review by the Partnerships Working Group,
a tabletop review and an abstract review at NASA Headquarters, if required.
e AS assures that the agreement draed by the MPOC/TPOC in the Partnership Agreement
Maker (PAM), along with the rest of the agreement package, is complete and meets any special
requirements that may exist. One example of a special requirement would be preparation and inclu-
sion of a Form 893 when the agreement involves a loan of equipment. A Resource Analyst from the
MPOC/TPOC’s organization prepares an estimated price report, which is a required part of the
agreement package. e AS sees to the concurrence routing of the agreement package, followed by
obtaining of signatures (agreement execution) by the partner and authorized MSFC executive.
Once executed, the AS advises interested MSFC parties that the agreement has been signed and that
work may begin, contingent upon receipt of partner funds for reimbursable agreements. e AS is
also responsible for agreement records retention and disposition.
b. Enhanced Use Lease Process
e rst step in the Enhanced Use Lease (EUL) process is completion of an EUL Site Feasibility eval-
uation and an implementation proposal by the potential partner and the Oce of Center Operations
(OCO). e Strategic Planning Council (SPC) must approve the proposal.
e Agreement Specialist (AS) uses the PAM tool to provide NASA Headquarters with an abstract
for their review. OCO and the partner develop Part 1 of the EUL package, which is independently
reviewed within OSAC. e SPC provides Authority to Proceed based on Part 1.
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Part 2 completes the EUL package, which is routed by the AS for Center concurrences. e Integrated
Management System Council or Facilities Utilization Review Committee conducts a review of the
package, which is then routed, with signatures, to Headquarters. Headquarters provides MSFC with
a signed Authority to Proceed letter.
If required, Procurement publishes a Notice of Availability, holds an industry forum and oversees
a source evaluation process. e selecting ocial selects a developer, with whom the MSFC Oce
of Procurement negotiates. A development agreement is signed contingent upon concurrence from
NASA Headquarters. e Chief Financial Ocer and OCO take the nal steps to execute the EUL.
c. Equipment Loan Process
e MSFC process for the loan of Government-owned equipment can be found in Section 2.6 of
Marshall Procedural Requirements (MPR) 4000.2, Property Management. Short-term loans are
processed using the NASA Form (NF) 892, whereas all other loans use NF 893. A written justication
explaining the NASA mission requirement for the loan, and that the loan is in the best interest of
the government, is required. e Center Supply and Equipment Management Ocer (SEMO) must
approve all long-term loans. e SEMO and property custodian work closely together to accurately
ll out the loan form and obtain signatures by the borrower, equipment manager, SEMO, and legal
counsel. When the loan is made in conjunction with a Space Act Agreement (SAA), the Agreement
Specialist makes the form part of the agreement package which is routed for concurrence. e NASA
organization proposing the loan retains ocial accountability and will ensure receipt of annual
inventory reports from the loan recipient.
d. Lease Process
MSFC follows the Agency-level process for leases, documented in NPR 4200.1, NASA Equipment
Management Procedural Requirements. An equipment lease may be part of a Space Act Agreement
(SAA), and thus processed along with the SAA itself. Equipment on lease to NASA shall be identied
and tracked by the Center equipment management organization. Detailed requirements for lease of
Government-owned property can be found in NPR 4200.1.
e. Excess Property Process
MSFC Oce Work Instruction (OWI) AS40-OWI-0016, Disposal Process Narrative, species the
MSFC process for handling of excess property. is OWI implements the Agency policies found in
NPR 4300.1, NASA Personal Property Disposal Procedural Requirements. With respect to partner-
ships, the excess property process would remain standard and follow AS40-OWI-0016. Property
loaned to a partner via an SAA would be returned to the Center and handled according to Center
processes, including the process for excess property, if that is the case.
f. Technology Transfer Process
NASA has established an Agency-wide, uniform process for technology transfer. A description
of the Agency technology transfer process can be found in this guide’s Sections I.D.6 and III.E,
Commercializing NASA Technology. Mr. Terry Taylor (ZP30, 256-544-5916) is the manager of the
MSFC Technology Transfer Oce, and is therefore the Center Point of Contact for any technology
transfer activities.
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11. Stennis Space Center
Partnerships are an important element of mission success at the Stennis Space Center (SSC), and the
Center actively seeks partnership opportunities in a variety of areas that contribute to the Agency
mission and the goals of the Center. SSC does not have a centralized Partnerships Oce, but manages
the partnership development process in a more distributed manner from within the SSC directorates
that will lead the partnership activity. e majority of current SSC partnership agreements originate
from two core functions of the Center — (1) reimbursable propulsion test projects with both govern-
ment and commercial partners that are managed by the Engineering and Test Directorate (E&TD),
and (2) partnerships with tenants of SSC for the occupation of facilities and the provision of Center
services that are managed by the Center Operations Directorate (COD). SSC stas a Strategic Business
Development Manager that serves as the “front door” for SSC Partnership opportunities, as well as a
Propulsion New Business Manager in E&TD focused on business and partnership opportunities for the
SSC test complex. New Partnership opportunities are reviewed and vetted though the Stennis Control
Board (SCB) as appropriate prior to partnership agreement development. SSC maintains Agreement
Managers within E&TD and COD that oversee the partnership agreement process in these two areas,
and a contractor Agreement Specialist that coordinates the agreement administrative processes. SSC’s
overall agreement process is captured in Stennis Policy Directive 1050.1, John C. Stennis Space Center
Agreement Preparation, Processing, and Management (https://ssctdpub.ssc.nasa.gov/servlet/sm.web.
Fetch/SPD_1050_Rev_B_FINAL_FINAL.pdf?rhid=1000&did=91139&type=released).
SSC Partnerships POC:
Mr. Don Beckmeyer
Manager, Strategic Business Development (228) 688-3788
don.h.beckmeyer@nasa.gov Building 1100, Mail Code AA03 Stennis Space Center, MS 39529-6000
83
V. Partnerships Tools
and Resources
A. System Tools
1. Partnership Agreement Maker
NASA’s Partnership Agreement Maker (PAM) system is an internal
(InsideNASA) tool used for the draing and electronic routing of Agency partnership agreements, except
international and classied agreements. PAM is also the ocial repository of record for the storage of
all such agreements (pursuant to NPD 1050.1).
24
Finally, the system is also used for the processing of all
unclassied domestic and international agreement abstracts and is a resource for performing searches
and generating reports in regard to the Agency’s portfolio of domestic unclassied agreements.
PAM and related reference materials are accessible here: https://pam.nasa.gov.
Automated PAM training is available via SATERN: https://satern.nasa.gov/customcontent/splash_page
(access SATERN and search on “PAM”). e training is structured into four separate modules, with the
rst geared toward basic system functionality, the second addressing the basic document draing and
routing features, the third discussing abstracts and other agreement development features, and the fourth
covering routing, signature, close out of agreements, and other administrative aspects.
For questions regarding PAM, please contact Greg Brenner, PAM system administrator, or Joe Kroener,
director of the NASA Partnership Oce.
2. System for International External Relations Agreements
e Oce of International and Interagency Relations (OIIR) provides guidance and direction for NASA’s
international partnerships, a role that includes responsibility for draing and negotiating cooperative
and reimbursable agreements with foreign aeronautics and space partners. OIIR uses its System for
International External Relations Agreements (SIERA) as the ocial repository for the Agency’s inter-
national agreements. Copies of international agreements may be obtained from OIIR upon request. For
guidance on who to contact to obtain an agreement in a particular area, please visit the OIIR Web site:
http://oiir.hq.nasa.gov.
3. Systems Applications & Products
NASA’s core nancial system is the Systems Applications & Products (SAP). SAP has served as NASA’s
nancial accounting system since 2003. To date, NASA has implemented the following modules: funds
management, nancial accounting, sales and distribution, investment management, materials manage-
ment, controlling (cost), project systems, real estate, and Contractor Cost Reporting. Collectively, these
integrated components make up NASA’s nancial system of record for nancial statements, external
reports, project analysis, and management control.
24
The organization’s designated Agreement Manager is responsible for uploading the signed version of domestic unclassied partnership agreements
and supporting documentation (including, but not limited to, annexes, task orders, or modications to the agreement, and Estimated Price Reports) in
PAM within ve business days of Agreement signature.
There are a variety
of Agency tools and
resources available to
assist with partnership
agreement formulation
and management.
84
a. Fundamental Objectives for System Applications & Products
e fundamental objective for Systems Applications & Products is to eciently and economically
satisfy the needs of NASA ocials for reliable, accurate, timely, and complete nancial data in order
to eectively ensure the following:
• Administrative control over and accounting for appropriations so responsible ocials may
establish and document that NASA nancial transactions are within amounts appropriated
and apportioned, and for purposes legally authorized and administratively approved.
• Budget formulation and execution.
• Management and deployment of resources to achieve optimal results in the execution of
missions and activities.
• Control over property and other assets.
• Responsiveness to the requirements of the Congress, the Government Accountability Oce,
the Oce of Management and Budget, the General Services Administration, the Department
of the Treasury, the Federal Accounting Standards Advisory Board, and other external agen-
cies with respect to nancial operations and status.
See NPR 9010.1 Financial Management Requirements Overview, Section 2.1 for additional
information.
b. Obtaining Data and Information from System Applications & Products
Data is available from Systems Applications & Products (SAP) using a report producing tool called
BOBJ — NASA Business Objects. All transactions entered into SAP are updated daily at midnight.
us, the data from BOBJ is up to date and real time.
BOBJ contains predened reports: an individual can log into the tool and chose from a drop down
menu of reports that are produced from SAP data. Below is a list of several of the reports available
from BOBJ.
Accounts Payable
• Accelerated Payments Report
• Payment History Report
• Payment History with Award Attributes
Accounts Receivable
• A/R by Customer Agreement
• A/R Finance Charges
• Reimbursable Billing and Collection History
• Reimbursable Unobligated Balance
• Reimbursable Consumption Report
Budget Execution
• Funds Distribution
• Plan vs. Actual
• FY Budget Structure
• Budget Document Detail
Funds Distribution
• Available Budget Balance
• Full cost status report
• Non-Full Cost Status Report
• Agency View of Unobligated Budget
• Center View of Unobligated Budget
• Operations Report (Direct)
• Operations Report (Reimbursable)
• Center to Center Transfer Report
85
c. BOBJ — Sample of Reports Available
In addition to the predened reports, data can also be extracted from BOBJ and imported into an
Excel Spreadsheet for additional analysis.
FAQs
Can any NASA employee obtain access to the BOBJ report tool?
Yes. To start the process of obtaining access to BOBJ, please contact the NASA Enterprise Service Desk.
Is training available for BOBJ?
Yes, training is available. Please consult the NASA SATERN training catalog for additional information. Also, BOBJ has a user friendly guide that
can walk an employee through reading the BOBJ screens and obtaining desired reports. Please consult the NASA Enterprise Service Desk for more
information.
Point of Contact
NASA Enterprise Service Desk 1-877-677-2123
References
NPR 9010.1, Financial Management Requirements Overview
NPR 9200.1, Accounting General Overview
NASA FY 2015 Agency Financial Report
B. NASA Partnerships Community of Practice Forum
NASA’s Partnerships Community of Practice (PCoP) is comprised of an informal group of Agency
stakeholders involved in various capacities with the partnerships process. Led by the NASA Partnership
Oce, the PCoP facilitates collective learning and process improvement through the dissemination of
partnerships related information, the sharing of best practices, and the development and implementation
of process improvements. e PCoP meets annually (usually in May) to conduct training, hold work-
shops and roundtable discussions, and discuss relevant issues of interest to the community. e PCoP
also has monthly tag-up meetings, as well as additional ad hoc forums as needed.
For more information about the PCoP, or to be added to the PCoP meeting and e-mail distribution,
please contact Joe Kroener or Diane Frazier in the Partnerships Oce at Headquarters.
C. Interagency Partnerships Liaison Team Forum
e Interagency Partnerships Liaisons (IPL) team was established in January 2011 following internal
NASA discussions and the release of the 2010 National Space Policy, which highlighted the impor-
tance of strengthening interagency partnerships to achieve national goals. e Headquarters Oce of
International and Interagency Relations is responsible for leadership of the IPL, which is comprised of
senior NASA representatives from 15 Headquarters’ oces and 10 Centers. e IPL meets monthly to
coordinate on interagency partnership activities, hear briengs on key topics, and discuss issues related
to interagency collaboration. Ultimately, the IPL serves to contribute to senior NASA leadership early
awareness of interagency activities and enable a comprehensive view of interagency partnerships across
the Agency to support strategic Agency decision-making.
For more information about the IPL, please contact Margaret Kieer or Jennifer Troxell in the Oce of
International and Interagency Relations at Headquarters.
86
D. Agency Partnerships Ofces Roundtable Forum
e Agency Partnerships Oces Roundtable (APOR) is formed of representatives from each Center
Partnership Oce and specically addresses: Center-focused strategies and their implementation, oper-
ational practices and lessons learned, business development priorities and synergies. NASA Centers’
partnerships activities reect their individual assets, organizational structures, and (oen) their experi-
ence base, regional relationships, and future-planning scenarios. Initiated in 2015, the APOR is a venue
for sharing information on these topics.
For more information about the APOR, please contact Tom Engler at the Kennedy Space Center, Yolanda
Marshall at the Johnson Space Center, or Sam Ortega at the Marshall Space Flight Center.
E. Web Sites
• NASA Partnerships (https://www.nasa.gov/partnerships.html) — Public site that provides infor-
mation to external entities wishing to seek partnership opportunities with NASA. is site also
provides information about Space Act Agreements (SAAs) and summary listings of NASA’s active
domestic and international SAAs.
• Partnerships Community of Practice (https://inside.nasa.gov/pacop/home/index.html) —
InsideNASA site that serves as an internal resource to NASA’s partnerships community by
facilitating the intra-Agency awareness and coordination of partnerships related information.
Specically, this site includes links to applicable laws, regulations, policies, other guidance, agree-
ments processing tools, and other “Community of Practice” information.
• Acquisition Strategy Council (https://inside.nasa.gov/web/insidenasa/acquisition-strategy-council.
html) — InsideNASA site that provides information about NASA’s ASC, including its purpose,
Decision Memorandums, and other information.
87
VI. Acronyms; Referenced Policy
and Procedural Documents; and
Appendices
A. Acronyms
AFP – Announcement for Proposals
AFRC – Armstrong Flight Research Center
APOR – Agency Partnerships Oces Roundtable Forum
ARC – Ames Research Center
ASC – Acquisition Strategy Council
ATFI – Aerospace Technical Facility Inventory
Caltech – California Institute of Technology
CRADA – Cooperative Research and Development Agreement
CFO – Chief Financial Ocer
CFR – Code of Federal Regulations
CMO – Center Management and Operations
CSLA – Commercial Space Launch Act
EAR – Export Administration Regulations
ECC – Education Coordinating Council
EPR – Estimated Price Report
EUL – Enhanced Use Lease
FAR – Federal Acquisition Regulation
FRED – Facilities and Real Estate Division
GRC – Glenn Research Center
GSFC – Goddard Space Flight Center
IAA – Interagency Agreement
IdMAX – Identity Management and Account Exchange
IPL – Interagency Partnerships Liaisons Team
ITAR – International Trac in Arms Regulations
IV&V – Independent Verication and Validation
JPL – Jet Propulsion Laboratory
JSC – Johnson Space Center
KSC – Kennedy Space Center
88
LaRC – Langley Research Center
MSFC – Marshall Space Flight Center
MOU – Memorandum of Understanding
NAII – NASA Advisory Implementing Instruction
NEPA – National Environmental Policy Act
NOA – Notice of Availability
NOSPA – Notice of Signicant Partnership Action
NPD – NASA Policy Directive
NPR – NASA Procedural Requirement
NTAA – NASA Transition Authorization Act of 2017
NTR – New Technology Report
NTTS – NASA Technology Transfer System
OCFO – Oce of the Chief Financial Ocer
OCIO – Oce of the Chief Information Ocer
OCO – Oce of Center Operations
OComm – Oce of Communications
OGC – Oce of the General Counsel
OIIR – Oce of International and Interagency Relations
OSI – Oce of Strategic Infrastructure
OTA – Other Transactions Authority
PAM – Partnership Agreement Maker (formerly known as the Space Act Agreement Maker or SAAM)
PC – Partnership Council
PCoP – Partnerships Community of Practice
PIP – Program Information Package
RFI – Request for Information
SAA – Space Act Agreement
SAM – System for Award Management
SAAM – Space Act Agreement Maker (now known as the Partnership Agreement Maker or PAM)
SAAG – Space Act Agreements Guide
SAP – Systems Applications and Products
SBIR – Small Business Innovative Research
SEMO – Supply and Equipment Management Ocer
SIERA – System for International External Relations Agreements
SSC – Stennis Space Center
WFF – Wallops Flight Facility
89
B. Referenced Policy and Procedural Guidance Documents
e following NASA Advisory Implementing Instruction (NAII), NASA Standards, NASA Policy
Directives (NPD), and NASA Procedural Requirements (NPR) are cited in this guide.
NPD 1001.0C, 2018 NASA Strategic Plan
NPD 1050.1, Authority to Enter into Space Act Agreements
NPD 1050.2, Authority to Enter into Cooperative Research and Development Agreements
NPD 1360.2, Initiation and Development of International Cooperation in Space and Aeronautics
Programs
NPD 1370.1, Reimbursable Utilization of NASA Facilities by Foreign Entities and Foreign-Sponsored
Research
NPD 1380.1, Managing Agency Communications
NPD 1383.2, NASA Assistance to Non-Government, Entertainment-Oriented Motion Picture, Television,
Video & Multimedia Productions/Enterprises, & Advertising
NPD 1387.1, NASA Exhibits Program
NPD 1388.1, Employee Participation in NASA Education and Communications Activities
NPD 2090.6, Authority to Enter Into License Agreements and Implementation of Licensing Authority
NPD 2091.1, Inventions Made By Government Employees
NPD 2521.1, Communications and Material Review
NPD 4200.1, NASA Equipment Management Procedural Requirements
NPD 8800.14, Policy for Real Estate Management
NPD 9080.1, Review, Approval, and Imposition of User Charges
NPR 1387.1, NASA Exhibits Program
NPR 1600.4, Identity and Credential Management
NPR 2092.1, Distribution of Royalties and Other Payments Received by NASA from the Licensing or
Assignment of Inventions
NPR 2190.1, NASA Export Control Program
NPR 2210.1, Release of NASA Soware
NPR 4200.1, NASA Equipment Management Procedural Requirements
NPR 4300.1, NASA Personal Property Disposal Procedural Requirements
NPR 7120.5, NASA Space Flight Program and Project Management Requirements
NPR 7500.2, NASA Technology Transfer Requirements
NPR 7900.3, Aircra Operations Management Manual
NPR 8621.1, Mishap and Close Call Reporting, Investigating, and Recordkeeping
NPR 8715.3, NASA General Safety Program Requirements
NPR 8715.5, Range Flight Safety Program
90
NPR 8800.15, Real Estate Management Program
NPR 9010.1 Financial Management Requirements Overview
NPR 9090.1, Reimbursable Agreements.
NPR 9200.1, Accounting General Overview
NPR 9250.1, Property, Plant, and Equipment and Operating Materials and Supplies
NPR 9470.1, Budget Execution
NAII 1050-1, Space Act Agreements Guide
NAII 1050-2, Cooperative Research and Development Agreement Program Information
NAII 1050-3, NASA Partnerships Guide
NAII 2190, Export Control Program Operations Manual
NASA-STD 8719.7, Facility System Safety Guidebook
Following are the Center-specic policy and procedural documents cited in this guide.
Armstrong Flight Research Center
DCP-F-605
Goddard Space Flight Center
Goddard Policy Directive (GPD) 1050.1A
Johnson Space Center
JSC Procedural Requirements 1050.1
Kennedy Space Center
KSC Master Plan
KSC Announcement for Proposal Guide KDP-KSC-P-1864
KDP-KSC-P-1885 KDP-P-4.8.1.1
Langley Research Center
Langley Policy Directive (LaPD) 1050.1 LaPD 1300.4
LaPD 9050.7,
LaPD 9050.8
LaPD 9050.9
Langley Procedural Requirements (LPR) 3334.1F CP-1050.3
CP-1050.7 CP-1716 CP-2731 CP-2737
Marshall Space Flight Center
Marshall Procedural Requirements (MPR) 1050.2, MPR 4000.2
MSFC Oce Work Instruction (OWI) AS40-OWI-0016
Stennis Space Center
Stennis Policy Directive 1050.1
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C. Appendices
1. Sample Notice of Availability (NOA)
Sample Notice of Availability (NOA)
NOA-KSC-LandDev_2016-2018
Seeking Aerospace Industry Interest in Land Development at NASA Kennedy Space Center (KSC)
Purpose of this Notice
National Aeronautics and Space Administration’s (NASA’s) Kennedy Space Center (KSC) is undergoing
a transition from a government-only launch complex to a multi-user spaceport, as set forth in the KSC
Master Plan. e multi-user spaceport strategy leverages KSC’s unique location, land resources, and
infrastructure to achieve Agency programmatic objectives while also providing opportunities for the
development of capabilities and assets for commercial aerospace endeavors. is Notice of Availability
(NOA) is targeted towards users that are interested in developing commercial capabilities on vacant KSC
property in accordance with the KSC Master Plan. Based on responses to this NOA, NASA may select
potential partners with which to have additional discussions regarding possible public-private partner-
ships to allow for commercial development of available KSC property. e specic land uses that NASA
will consider for commercial development under this NOA are:
• Launch Operation and Support
• Assembly, Testing, and Processing
• Renewable Energy
• Research and Development
• Vertical Launch*
• Vertical Landing*
*NASA has limited real estate capacity to accommodate commercial development and operation of
Vertical Launch and Vertical Landing sites. For these two land use categories, information received in
response to this NOA may be used to determine if the commercial aerospace industry is ready to develop
Vertical Launch and Vertical Landing capabilities on KSC in the next 2-5 years. Based on the level of
interest, NASA may take additional steps to conduct a fair and open competition to select the most quali-
ed entity(ies) for development of these land uses.
Detailed information and denitions of the above land uses can be found on the KSC Master Plan Web
site: http://masterplan.ksc.nasa.gov
KSC seeks, through this notice, broad awareness and visibility of commercial development opportunities
through partnerships with industry and non-federal public entities. NASA may grant a partner an inter-
est in real property (land) for a specied term through an instrument such as a lease, a use permit, or
other form of real property agreement in accordance with the National Aeronautics Space Act, 51 U.S.C.
§§ 20101 et seq. e real property agreement will provide the partner sucient rights to occupy, operate,
modify, and maintain KSC real property as necessary to support the partner’s proposed use.
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Commercial use of KSC real property supports NASA’s mandate to “seek and encourage, to the maxi-
mum extent possible, the fullest commercial use of space” as stated in 51 U.S.C. § 20112(a)(4), supports
the goals of the National Aeronautics and Space Act, and advances the National Space Policy’s mandate
that federal agencies shall “ensure that United States Government space technology and infrastructure
are made available for commercial use on a reimbursable, noninterference, and equitable basis to the
maximum practical extent.”
It is NASA’s intent to ensure fairness to all parties and to ensure best value to the Government in grant-
ing use of NASA real property.
NOA Objectives
NASA seeks written responses to this notice to assist KSC in achieving the following objectives:
1. Identication of specic interest from industry and non-federal public entities in pursuing
a real property agreement with NASA for land development on KSC, as described in the
purpose of this notice;
2. Increase commercial access to space;
3. Enhance U.S. commercial competitiveness in the space launch industry;
4. Diversify the user base at KSC; and
5. Promote partnerships to build, expand, modernize, or operate aerospace-related capabilities
through land development at KSC.
NASA will make land available only if deemed in the Government’s best interests. NASA reserves the
right to proceed with development and negotiation of real property agreements with respondents to this
notice, or to take no action.
NASA is not precluded from entering into agreements with other Federal entities for uses identied in
this NOA, or for deciding to use the property for NASA purposes, regardless of expressions of interest
and proposed uses that NASA may receive from industry or non-federal public entities pursuant to this
notice.
Responses to this NOA place NASA under no obligation to proceed with any partnering arrangements.
Uses at NASA Will Not Consider
For the real property uses enumerated above in this notice and dened in the KSC Master Plan, NASA
will not consider:
• Proposed uses that are deemed incompatible with the current KSC Master Plan, NASA or
KSC land use policies or existing environmental conditions;
• Proposed uses that could negatively impact NASA’s mission;
• Proposed non-aerospace uses of KSC real property or proposed uses that do not otherwise
contribute to enabling commercial access to space;
• Proposed transfer of title to land;
• Proposed residential uses or purely agricultural uses; or
• Proposed uses that NASA in its sole discretion determines not to be in the best interests of the
government.
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Environmental Considerations
KSC is currently developing for the KSC Master Plan a Programmatic Environmental Impact Statement
(PEIS) pursuant to the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq., which
requires federal agencies to assess the impacts of proposed agency actions before decisions are made
regarding whether to take the proposed action. All potential land uses, as envisioned within the KSC
Master Plan, are addressed in the PEIS. is PEIS does not cover specic actions or projects that may
be proposed by a potential user. Any proposed uses selected under this NOA may require additional
NEPA analysis addressing the specic proposal and its potential impacts. Any additional analysis will
be “tiered” o of the KSC PEIS, which is expected to be completed by the end of FY 2016. Potential users
selected for further discussions or negotiations will not enter into an immediate real property agreement
with KSC, but instead may enter into a Reimbursable Space Act Agreement with KSC to begin planning
and NEPA-related activities for the proposed land use.
Instructions for Responses
ose interested in utilizing KSC real property for any of the above described uses shall submit responses
electronically, via e-mail, to the Points of Contact (POC) listed below. e response shall be a maximum
of 10 pages. Responses shall contain a minimum font size of 12 points. To facilitate a prompt review, the
response shall clearly identify the responder’s land use needs and planned utilization of the real property.
Responses shall include the following information:
• Company information. Specify organization name, address, primary POC and telephone
number, business size and type, and product or service line (Provide North American
Industry Classication System (NAICS) code if available).
• Identify the specic real property (land) requirements (e.g., size in square feet, line of sight
issues, utilities) and provide an overview of the proposed concept of operations for using the
real property (land).
• Identify the approximate time when the real property (land) is needed, a projected develop-
ment schedule, initial operational capability and estimated duration for the proposed use.
Note: Responses should not request a specic location or site. NASA may reject as nonresponsive any
response that is contingent upon NASA providing a specic location or plot of land. NASA will make
siting decisions aer it identies potential partners. While NASA may consider the potential partner’s
input, NASA shall make such decisions at its sole discretion.
Government Assessment Criteria
NASA reserves the right to apply criteria for assessing the “best t” for uses and users that it considers for
the real property identied in this notice. Such criteria include, but are not limited to:
Compatibility
NASA may consider whether a proposed use or user is compatible with KSC uses and NASA missions
based on the following:
• Whether the entity presently operates or directly supports space launch or space user
missions for the U.S. Government at KSC or Cape Canaveral Air Force Station;
• Whether the entity operates or directly supports commercial space launch or commercial
space user missions, regardless of whether the U.S. Government is a customer;
94
• Whether the proposed use is compatible with the current uses as dened in the KSC Master
Plan, land use policies, and environmental conditions;
• Whether the proposed use aligns with NASA’s mission, purpose, and NOA objectives and
plans for KSC as a multi-user spaceport;
• Whether the proposed use oers any benet to KSC, NASA, or other U.S. Government
interests;
• Whether the occupancy need dates can be accommodated; and
• Whether environmental, safety, and security impacts of the proposed use and user pose risks
to KSC, NASA, and/or other U.S. Government interests.
Capability
NASA may consider the proposed user’s nancial capability to accomplish its proposed use.
Siting
All decisions regarding siting shall be at NASA’s sole discretion.
Additional Information
NASA Kennedy Space Center (KSC) is hosting an Industry Day to discuss the Notice of Availability
(NOA) 3 for Land Development. e event will be held on August 30, 2016 from 8:30 a.m. to 4:30 p.m.
at Kennedy Space Center, Florida. Interested parties will have the opportunity to tour available land use
sites, attend a brieng and participate in an interactive discussion. All interested parties must register
through the NASA KSC Industry Day Registration Form. Due to limited space, only two representatives
per company may attend the event.
Deadlines to register are as follows:
U.S. Citizens: August 9, 2016 Non-U.S. Citizens: July 25, 2016
For specic questions you would like to be addressed, complete the attached form and return to
nancy.a.potts@nasa.gov no later than August 16, 2016. Questions will be addressed during the brieng
on August 30, 2016. All questions and answers will be posted as an amendment to the NOA following
Industry Day.
No solicitation exists; therefore, do not request a copy of a solicitation. Additional information, if any,
will be released via the FedBizOpps Web site (www.o.gov). It is the responsibility of potential users to
monitor FedBizOpps for the release of any new or additional information.
is NOA is not to be construed as a commitment by the Government to enter into any contract
or agreement, or negotiation of any contract or agreement. NASA will not pay for any information
provided. NASA will not be providing responses or results of any evaluations.
is NOA will remain open, and interested parties may respond, for up to two years from the date of this
NOA’s posting. Please reference this NOA number in any response: (NOA-KSC-LandDev_2016-2018)
It is not NASA’s intent to publicly disclose proprietary information obtained through this NOA; there-
fore, if proprietary information is included, it should be clearly marked. Consistent with its statutory
obligations and to the extent permitted under the Freedom of Information Act, NASA will protect such
data from public disclosure.
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Any questions you may have may be submitted in writing, via email, to the POCs listed below. Oral ques-
tions will not be entertained.
Points of Contact
Primary: Alternate:
Name: Nancy Potts Name: Steven E. Parker
Title: Economic Development Manager Title: Agreement Ocer
E-mail: nancy.a.potts@nasa.gov E-mail: steve.parker@nasa.gov
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2. Sample Request for Information (RFI)
Sample Request for Information
Notice Information
Solicitation: R F I-K SC -VA BH B2-2 016
Agency/Oce: Kennedy Space Center Location: Oce of Procurement
Title: Request for Information – Vehicle Assembly Building (VAB) High Bay 2 (HB2)
Description(s): Added: Mar 04, 2016 10:31 am
Introduction
is Request for Information (RFI) solicits responses from entities that have an interest in using the
Kennedy Space Center’s (KSC) Vehicle Assembly Building (VAB) High Bay 2 (HB2) and optional Mobile
Launch Platforms (MLPs) for launch and reentry operations for the benet or on behalf of the U.S.
Government.
Background
On June 15, 2015, KSC released an Announcement for Proposals (AFP) to formally advertise the avail-
ability of VAB HB2 and MLPs. e AFP invited proposals for the commercial use of VAB HB2 and
MLPs consistent with the Commercial Space Launch Act (CSLA), 51 U.S.C. Sections 50901–23. Proposals
were due on August 21, 2015. e original AFP is available at the link specied in the “Additional
Information” section below.
Purpose of this RFI
e purpose of this RFI is to identify potential partners that are interested in using VAB HB2 or MLPs
for eorts beyond the scope of the CSLA authority. Any such use would not receive direct cost pricing
but instead be subject to an allocation of the full cost of operations and maintenance of the VAB.
NASA will utilize other areas of the VAB for Program activities and act as the VAB site operator under a
shared-use arrangement. NASA will not consider proposals for non-aerospace uses of VAB HB2 or MLPs.
Responses to this RFI shall:
1. Describe the level of interest in VAB HB2 and optional MLPs.
2. Describe the technical approach, including a general concept of operations, potential time-
frame for development and frequency of use for VAB HB2 and optional MLPs.
3. Describe the expected customer base.
4. Describe the overall nancial capability to implement the proposed technical approach.
5. Describe past experience in ight hardware integration and other relevant projects or
programs.
NASA KSC seeks to ensure broad awareness and visibility of this RFI. All categories of U.S. domestic
entities including commercial, federal, and state organizations, and United States Commercial Providers as
dened in the Space Commerce Act, 51 U.S.C. Section 50101(7), are invited to submit responses to this RFI.
97
Response Instructions
All responses must be submitted as an electronic le in Portable Document Format (PDF) via email to
the NASA Point of Contact identied below.
Responses should not exceed ve (5) pages. Font should be Times New Roman, size 12. Responses must
be received by the NASA Point of Contact no later than 12:00 pm Eastern Time on March 18, 2016.
NASA will not consider responses received aer this deadline. NASA will send responders an acknowl-
edgment of receipt of their response.
It is not NASA’s intent to publicly disclose proprietary information obtained through this RFI; there-
fore responders should clearly mark such information as proprietary. NASA will protect such data from
public disclosure to the extent permitted under the Freedom of Information Act and other laws and
regulations.
NASA has no intent to reply to individual responses, but reserves the right to conduct follow-up inter-
views with respondents, if needed.
Additional Information
NASA requests this information for planning purposes only. It does not intend to publicly disclose
responses. is RFI does not constitute a Request for Proposals, Invitation for Bids, Request for
Quotations, or Announcement for Proposals. is RFI is not an oer or commitment by the Government
to enter into a contract or other type of agreement. Moreover, the Government will not pay for the
information submitted in response to this RFI, nor will the Government reimburse responders for costs
incurred to prepare responses to this RFI.
NASA will use the RFI responses to gauge market interest and determine whether it is in the best interest
of the Government to commence negotiations under any pending proposal that does not fully conform
to the CSLA or to issue a new AFP that is open to uses beyond the scope of the CSLA.
e original AFP can be found at: https://www.o.gov/index?s=opportunity&mode=form&id=3360557
9003dadcb846d0dc897c359a7&tab=core&_cview=1
NASA reserves the right to amend or withdraw this RFI at any time. It is each responder’s responsibility
to monitor the FedBizOpps Web site for the release of any additional RFI information.
Point of Contact
Name: Steve Parker
Title: Agreement Ocer Phone: 321-867-2928
Fax: 321-867-7189
E-mail: steve.parker@nasa.gov
Contracting Oce Address
NASA/John F. Kennedy Space Center
John F. Kennedy Space Center, Florida 32899
Place of Contract Performance
Kennedy Space Center, Florida 32899
United States
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3. Policy and Operational Framework for Partnerships Benetting Foreign
Commercial Entities
Policy and Operational Framework for Proposed Partnerships
Benetting Foreign Commercial Entities
Policy Summary
Proposed partnerships
1
that could result in a competitive advantage to foreign commercial entities
2
over U.S. industry must be carefully evaluated and will only be approved on a case-by-case basis when
deemed by the Deciding Ocial (see “Deciding Ocial” section below) to be in NASA’s and the nation’s
best interest.
In determining whether an activity would be expected to result in a competitive advantage to a foreign
commercial entity, the Deciding Ocial will assess the relevant technical, business, and legal consider-
ations based on the information provided by the initiating Center/HQ Oce and others (see “Collecting
and Processing Required Information” section below). e framework is not intended as a “checklist”
of minimum mandatory requirements for a proposed activity to be approved, but as a guideline for the
considerations relevant to the Deciding Ocial’s decision. e Deciding Ocial will consider the totality
of the information provided and will weigh the relative merits and risks in deciding whether to approve
the proposed partnership.
e policy and operational framework below is consistent with the denitions and policy foundation
established in NASA Policy Directive (NPD) 1370.1, “Reimbursable Utilization of NASA Facilities by
Foreign Entities and Foreign-Sponsored Research.” e framework does not supersede or alter NPD
1370.1. Rather, the framework encompasses a broader scope to include the full range of activities consid-
ered for both reimbursable and non-reimbursable partnerships benetting foreign entities and addresses
additional procedural matters regarding vetting procedures for such proposed partnerships.
Framework Requirements
All partnerships benetting foreign commercial entities that are approved to proceed by the Deciding
Ocial must be structured such that, in the judgment of the Deciding Ocial:
1. one or more of NASA’s objectives as described in the Space Act are signicantly advanced; and
2. U.S. commercial entities are able to maintain competitiveness with foreign entities as practicable
under the circumstances.
1
For purposes of this framework, “partnerships” include Space Act Agreements (SAAs), Commercial Space Launch Act Agreements (CSLAs),
Enhanced Use Lease (EUL) Agreements, Cooperative Research and Development Agreements (CRADAs), and any other non-procurement type part-
nership instrument. It does not include procurement instruments such as contracts, grants, and cooperative agreements, which are governed by the
Federal Acquisition Regulation (FAR) and other guidance and procedures. Nor does it include partnerships directly with foreign Governments.
2
“Foreign commercial entity” means a corporate or other commercial entity that is not established under a state
or Federal law of the United States. “Benetting a foreign commercial entity” means that a foreign commercial entity could have access to and use
of end products (including data) resulting from a partnership agreement with NASA, either directly or through common corporate ownership with a
U.S.-based subsidiary.
99
e requirement for signicantly advancing NASA’s objectives can be demonstrated in multiple ways—
for example, by ensuring access to test results, enabling technology transfer to NASA or to the public
sector, enhancing cross-fertilization of knowledge, contributing to a mission or to operational infrastruc-
ture systems, enhancing NASA workforce skills and capabilities, sharing of data rights or publication
of results, sharing of intellectual property rights or patent licensing arrangements, and/or supporting
broader U.S. policy or interests, including important foreign policy objectives. Consistent with obliga-
tions in international agreements to which the United States is a party, the requirement for maintaining
U.S. commercial competitiveness means that such partnerships must be structured as non-exclusive
arrangements such that U.S. commercial entities have access to the data, facilities, and opportunities for
similar partnerships with NASA to enable them to maintain competitiveness with foreign entities.
Applying the Framework
In all cases, proposed partnerships falling under this policy framework can be approved only if the
Deciding Ocial determines in writing that, based on the information provided, one or more of NASA’s
objectives as described in the Space Act are signicantly advanced, U.S. industry is able to maintain
competitiveness with foreign entities, and the proposed partnership is in the best interests of NASA and
the nation.
In regard to specic procedural requirements, the framework makes a distinction between fully
reimbursable and other than fully reimbursable (i.e., partially reimbursable or non-reimbursable)
partnerships in regard to the procedural vetting requirements. is distinction is made because the
investment of NASA resources through other than fully reimbursable arrangements eectively amounts
to a co-development activity between NASA and the foreign commercial entity. erefore, such part-
nerships warrant a higher standard of scrutiny and due diligence as compared to fully reimbursable
activities that do not involve an investment of NASA resources.
e framework is applied to various scenarios as follows—
1. For non-reimbursable or partially-reimbursable agreements:
Additional information will be required from the initiating Center/HQ Oce as described in the
“Question Set” section below to enable the Deciding Ocial to determine whether the proposed
agreement is expected to result in a competitive advantage to the foreign commercial entity over U.S.
industry.
a. If the proposed agreement is found by the Deciding Ocial to result in a competitive advan-
tage, the publication of a public announcement will be required so that U.S. industry can
express interest and be considered for a similar partnership opportunity, unless the Deciding
Ocial determines in writing that an announcement is not necessary under the particu-
lar circumstances and documents the rationale for that decision. When an announcement
is required, the initiator must allow a minimum of 14 calendar days for responses to the
announcement and then provide a summary and assessment of the responses to the Deciding
Ocial for his/her consideration.
b. If the agreement is not found by the Deciding Ocial to result in a competitive advantage, the
agreement can be approved without a public announcement.
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2. For fully-reimbursable agreements:
Neither the additional question set nor the announcement are generally required, although the
Deciding Ocial may require either or both in certain circumstances when, in the judgment of the
Deciding Ocial, there are additional sensitivities with the proposed partnership that require a
higher standard of scrutiny and due diligence.
Deciding Ocial
For purposes of this policy framework, the cognizant HQ Mission Directorate Associate Administrator
or Oce Chief (i.e., Chief Engineer, Chief Scientist, or Chief Technologist) will generally serve as the
Deciding Ocial for such proposed partnerships that t exclusively within their programmatic areas of
responsibility.
e Partnership Council (PC) Chair will serve as the Deciding Ocial for such proposed partnerships
that:
a) Involve signicant capability development, and/or have implications across the Agency and/or
require substantial support from NASA including subsystem design/develop tasks;
b) Are high visibility because of the: (1) importance to an agency’s mission; (2) high develop-
ment, operating, or maintenance costs; (3) high risk; (4) high return; or (5) signicant role in
the administration of an agency’s programs, nances, property or other resources; or
c) Will be of signicant interest to the Administration, Congress, or the general public.
e PC Chair will also serve as the Deciding Ocial when the matter cannot be decided through the
lower level review process and for appeals of lower level decisions. Appeals must be submitted in accor-
dance with the appeal procedures outlined in the Partnership Council charter.
Collecting and Processing Required Information
e existing partnership abstract review process managed by the NASA Partnership Oce within HQ
MSD will be used to collect and process the required information, including the additional information
described in the “Question Set” section below when applicable. e abstract information will be consid-
ered by the Deciding Ocial in determining whether the proposed partnership will be approved to
proceed. In addition to the abstract information, the Deciding Ocial may also consider other sources
of information including feedback from the NASA abstract reviewers and designated Capability Leaders,
feedback from the public announcement (if one was required), personal knowledge, sta research, etc.
101
Question Set
Technical Considerations
1. How does the proposed partnership benet NASA? How would it advance NASA’s missions,
programs, and projects? (note: partnership must provide a signicant technical, scientic,
and/or economic benet to the Agency or the nation)
2. What is the current Technology Readiness Level (TRL) of the technology involved? What
would be the expected TRL level upon the completion of the proposed partnership?
3. Would NASA be helping the partner actually improve its product (e.g., providing technical
advice/analysis) or just providing use of a NASA resource (e.g., data, facility)?
Business Considerations
1. What type of arrangement is being proposed (i.e., partially reimbursable or non-reimburs-
able) and what is the rationale for that arrangement? What is the NASA funding source for
the NASA resources to be committed?
2. What is the current state of U.S. industry in this technology area and to what extent would
this partnership impact U.S. eorts in this area? What is the basis for your assessment?
3. Has NASA engaged in similar partnerships with U.S. industry partners or are there eorts
underway to do so? If not, why not?
4. Is NASA currently funding or otherwise supporting the development of domestic capabilities
in the related technology development area(s)? If so, would those eorts be adversely impacted
by support of a foreign competitor?
5. What are the proposed terms in regard to inventions and data resulting from the activity?
Would the inventions and data derived from the partnership be made publicly available?
6. In the case of partnerships with U.S. subsidiaries of foreign-owned companies, what is the
specic business set-up between the parent company and the U.S. subsidiary (rewalls, ow
of data, etc.)?
Legal Considerations
1. Has the proposed activity been reviewed by NASA’s designated export control ocials for
compliance with applicable ITAR/EAR requirements?
2. Have inventions and data rights related to the technology been reviewed by patent counsel
for consistency with Intellectual Property provisions, and alignment with the goals of the
proposed activity?
3. Is the proposed partnership otherwise compliant with applicable legal and regulatory
requirements?
4. Are there any known treaty obligations or other international agreements that are relevant
to the proposed agreement?
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4. Sample Notication of Signicant Partnership Action (NOSPA)
Sample Notication of Signicant Partnership Action (NOSPA)
Title: Provide a one line description of the Center, Partner(s), and Activity
Selected Partner(s) (include full partner name & address, including 9 digit zip):
ABC Corporation
123 Main Street
Anywhere, USA 98765-4321
Detailed Description of Partnership Action:
In two to three paragraphs, describe the planned partnership action, including:
• Type of partnership contemplated
• NASA assets involved
• Whether the action is the result of a competition
• Whether the action involves a termination and, if so, a brief explanation of the circumstances
leading to the termination action
• Previous notication to/awareness of Headquarters management (i.e., Partnership Council
meeting, sponsoring Mission Directorate review, Headquarters abstract review, etc.)
• Other key facts to ensure Headquarters Senior Management and key stakeholder oces
(including the Oces of Communications and Legislative Aairs) understand the planned
action.
Total Term of Partnership and Estimated Total Potential Cost of NASA Resources Involved:
Provide a breakdown of the subject agreement, including base agreement and all potential options
(broken down by years/length of performance, milestones, phases, etc.). Also provide an estimate of the
total potential NASA resources involved for each period.
Center Partnership Oce POC:
Jane Doe
Mail Code/Organization: 123 NASA Space Center, YZ 12345
Phone:
E-mail:
Desired Date to Notify Partner(s) (allow ve (5) business days to permit Headquarters to coordinate
review):
Note: Centers should plan for a minimum of a ve-day period to allow for sucient coordination with
Headquarters stakeholders, including the A Suite, lead Mission Directorate, Oce of Communications,
and Oce of Legislative Aairs. Centers must wait to be notied by the NASA Partnership Oce
within the Headquarters Mission Support Directorate (MSD) that the coordination process is
complete before making any public announcement or taking any other action associated with the
partnership action necessitating the NOSPA.
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5. General Guidelines for Pricing Reimbursable Agreements
National Aeronautics and Space Administration
www.nasa.gov
When establishing an agreement, there are several factors to consider: authority, partner type, and the nature
of the activity. Another key consideration is the price to be charged to the partner.
NASA officials should always
start with considering the maximum allowable pricing permitted for the proposed activity
.
The three general approaches used to establish agreement prices, in order of consideration, are:
1. Fair Market Value – used when the activity results in a lease (out-grant) of NASA Real Property to the
partner
§ Permits NASA to retain the lease proceeds in excess of costs to improve NASA’s facilities;
§ Two common leasing authorities are: (1) Enhanced Use Lease (EUL) and (2) National Historic
Preservation Act (NHPA), if the property qualifies as a historic property.
2. Full Cost – used when the activity is for a good or service
§ Economy Act for Other Federal Agencies is most common;
§ Other Transactions Authority (OTA) of the Space Act for non-Federal partners is most common;
3. Less Than Full Cost –
§ Under OTA, cost waivers may be permitted when there is justifiable
tangible benefit to the Agency;
§ Under Commercial Space Launch Act (CSLA), reimbursement is limited to direct costs. Use of CSLA
pricing authority is discretionary and may only be used when the activity involves launch or reentry
property/services.
General Guidelines for Pricing
Reimbursable Agreements
1
National Aeronautics and Space Administration
www.nasa.gov
Enhanced Use Lease (EUL) Authority under 51 U.S.C. § 20145:
Results in a real property agreement and permits NASA to retain lease consideration in excess of full
costs in connection with the lease to improve NASA’s facilities.
When appropriate, this type of
agreement should be the primary authority used to lease
out (out-grant) non-excess (underutilized)
real
property to non-federal entities.
The following general criteria apply when considering an EUL:
1. EULs may only be for cash consideration except in cases where in-kind consideration is
permitted to develop renewable energy production facilities;
2. Cash consideration received must cover the full cost to NASA in connection with the lease;
3. NASA is prepared to grant a lease hold interest in the property for the term of the lease;
4. EUL partners & activities should provide mission-enhancing, programmatic benefits to the
Agency;
5. Alterations, modifications require NASA approval, and must comply with applicable laws,
regulations, and NASA requirements;
6. The EUL will not have a negative impact to NASA’s mission
.
General Guidelines for Pricing Reimbursable
Agreements: Fair Market Value
2
104
National Aeronautics and Space Administration
www.nasa.gov
National Historic Preservation Act (NHPA) Authority under 54 U.S.C. § 306121:
Results in a real property agreement permitting NASA to retain the lease proceeds to defray the cost
of administration, maintenance, repair, and related expenses with respect to (1) the historic leased
facility itself, or (2) other historic properties on the National Register that are owned or controlled
by the Agency.
If the non-excess real property is being considered for lease (out-grant), also
consider using NHPA, when appropriate
.
The following general criteria apply, when considering an NHPA Agreement:
1. NASA is prepared to grant a lease hold interest in the property for the term of the lease;
2. Restrictive time frame on use of lease proceeds (three years) – more restrictive than EUL;
3. Supports the preservation of historic properties; and
4. The lease will not have a negative impact to NASA’s mission.
General Guidelines for Pricing Reimbursable
Agreements: Fair Market Value
3
National Aeronautics and Space Administration
www.nasa.gov
Reimbursable Interagency Agreement (IAA) under Economy Act Agreement (31 U.S.C. § 1535):
Results in IAAs that permit NASA to perform an activity
to advance the Federal partner’s interests using
NASA’s goods, services, facilities, or equipment. This authority is the primary authority used to enter into
agreements with Other Federal Agencies for the acquisition of supplies or services between agencies.
The following general criteria apply, when considering an Economy Act Agreement:
1. Activity under the agreement is for the direct benefit of the Federal partner;
2. Requires full cost recovery (NO waived costs);
3. OCFO confirms the Federal partner’s funds are legally available and that they serve a purpose for
which the funds are appropriated;
4. May NOT result in co-mingling of NASA’s and the partner’s appropriated funds, which could lead to
augmentation issues; and
A. If NASA plans an activity, and a Federal partner wishes to add discrete tasks to the activity, then NASA
pays for its portion of the activity and the Federal partner reimburses NASA for their additional
discrete tasks at full cost under a separate reimbursable Economy Act agreement.
B. Both parties may agree to share data generated by the activity.
5. This authority is generally not used for real property agreements with Federal partners because it
does not give out-grant authority to NASA (leases of NASA property to external parties).
General Guidelines for Pricing Reimbursable
Agreements: Full Cost
4
105
National Aeronautics and Space Administration
www.nasa.gov
Reimbursable Space Act Agreement (RSAA) under Space Act Authority (51 USC § 20113(e)):
Results in RSAAs that permit NASA to perform an activity to advance the commercial partner’s own
interests using NASA’s goods, services, facilities, or equipment. This type of agreement is generally used for
reimbursable agreements with non-Federal partners.
The following general criteria apply when considering an RSAA:
1. Full cost must be used as baseline for estimating agreement.
2. Cost waivers may be permitted if there is a justifiable tangible benefit to the Agency
A. Cost waivers must demonstrate a tangible and quantifiable benefit to the government. For example:
1) Activities related to NASA’s strategic education goals; or
2) Access to work products (e.g., test data) are made available to NASA.
B. Cost waivers may not be based on intangible benefits, such as goodwill, community relations, or
philanthropic reasons.
C. Cost waivers require special approvals (including abstracts—see bullet 4 below).
3. Cost waivers should not be approved for commercial partnerships where the partner’s work under
the agreement is in fulfillment of another Federal Agency’s contract.
4. A justification rationale detailing the tangible benefit to the Agency of waiving costs must be
provided in advance via the HQ abstract review process.
General Guidelines for Pricing Reimbursable
Agreements: Full Cost (and Less than Full Cost)
5
National Aeronautics and Space Administration
www.nasa.gov
Direct Cost Only Agreements under Commercial Space Launch Act (CSLA) Authority (51 U.S.C. § 50913):
Results in agreements that permit NASA to provide commercial launch or reentry services
, but limits
reimbursement to direct costs. Use of this discretionary authority is only permitted for commercial
launch or reentry activities that do not fulfill a Federal Government requirement.
In addition to the established principles for use of CSLA pricing authority, it is NASA policy that the
following criteria apply when entering into a reimbursable agreements under this discretionary
authority.
CSLA based agreements should support the following objectives:
1. The effort will likely result in increased U.S. based launch industry capability; and
2. The effort is likely to result in a better (increased) competitive environment for U.S. commercial
launch or reentry activities.
The general guidelines on the next slide will help to ensure these objectives are met.
General Guidelines for Pricing Reimbursable
Agreements: Less than Full Cost
6
106
National Aeronautics and Space Administration
www.nasa.gov
GENERAL GUIDELINES FOR CSLA AGREEMENTS
1. CSLA pricing for reimbursable agreements should generally be limited in time and scope to meet
the following criteria:
A. Enables a NASA Mission priority (e.g., Multi-user spaceport, M2M/Artemis – once priority is
achieved, CSLA usage should be reevaluated); or
B. Enables new capability development (including emerging and non-traditional partners) within the
U.S. aerospace industry.
2. CSLA pricing should generally not be used for reimbursable agreements:
A. When the impact to the Agency budget outweighs the expected value/benefit;
B. For activities involving NASA contract activities (e.g., CRS2 and CCtCap);
C. For activities involving other Federal Agencies or commercial partners working on behalf of other
Federal Agencies; or
D. Involving partner lease of NASA real property that is deemed non-excess or otherwise is needed
for public use.
3. A justification rationale using the criteria above to support the basis for CSLA pricing must be
provided in advance via the HQ abstract review process. The HEOMD Associate Administrator or
designee will be the Deciding Official for proposed use of CSLA authority as part of the abstract
review process. Each proposed CSLA will be evaluated on a case-by-case basis.
General Guidelines for Pricing Reimbursable
Agreements: Less than Full Cost
7
National Aeronautics and Space Administration
NASA Headquarters
300 E Street SW
Washington, DC 20546
www.nasa.gov
NP-2019-10-2769-HQ
