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NASA Procedures and Guidelines

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NPR 9090.1B
Eff. Date: March 04, 2020
Cancellation Date:

Partnership Agreements-Financial Requirements and Administration

| TOC | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | AppendixA | AppendixB | AppendixC | AppendixD | AppendixE | AppendixF | AppendixG | ALL |

Appendix D. Authorities

Note: NASA may execute agreements under several statutory authorities. The following authorities listed are not intended to be all-inclusive. Consult with the Agency OGC/Center OCC for appropriate authority when performing activities with a partner or for assistance where questions arise.

D.1 Space Act, 51 U.S.C. § 20101 et seq. The Space Act provides NASA several specific authorities it uses to work with partners depending on the circumstances of the activity. One is 51 U.S.C. § 20113(e) or “other transaction authority” (OTA). Refer to NPD 1050.1 and its implementing instructions regarding use of the authority. A pricing adjustment for waived cost may be appropriate when requested and approved in accordance with this NPR.

D.2 Economy Act, 31 U.S.C. § 1535. The Economy Act provides specific authority for Federal agencies to engage in interagency reimbursable activity under certain circumstances. Because the Economy Act requires actual cost reimbursement, it should not be cited in a nonreimbursable agreement with another Federal agency.

D.3 Commercial Space Launch Act (CSLA), 51 U.S.C. § 50913. The CSLA provides authority for the acquisition by the private sector and State governments of: (1) launch or reentry property of the United States Government (U.S.) that is excess or otherwise not needed for public use; and (2) launch services and reentry services, including utilities, of the U.S. otherwise not needed for public use. CSLA requires for the use of such property and services to be priced (charge to the partner) at direct cost. Refer to Appendix F for CSLA pricing guidance.

D.4 Enhanced Use Lease (EUL), 51 U.S.C. § 31505, and Lease of Non-Excess Property, 51 U.S.C. § 20145.18 Refer to NPD 8800.14, NPR 8800.15, and NID 9091.1 for related property management policy and procedure requirements. The EUL authority provides that the Administrator may enter into lease agreements with regard to any non-excess real property and related personal property under the jurisdiction of the Administrator to: (1) lease such NASA property at fair market value; 19 (2) use the amounts collected to cover the full costs to NASA in connection with the lease; and (3) use the net proceeds of the lease (i.e., collections received in excess of the full cost of lease) for maintenance, capital revitalization, and improvements of the real property assets and related personal property of the Agency as detailed in the statute. 20

18 51 U.S.C. § 20145(g), establishes the sunset or expiration of this authority is currently December 31, 2019. The expiration does not affect the validity or term of leases or the Administration’s retention of proceeds from leases entered into under this section before the expiration of the authority.
19 51 U.S.C. § 20145 (b)(1)(B) - Notwithstanding subparagraph (A), the Administrator may accept in-kind consideration for leases entered into for the purpose of developing renewable energy production facilities.
20 Proceeds will be deposited into the Construction and Environmental Compliance and Restoration fund and available for five years. (Deposit of Proceeds Note to 51 U.S.C. § 20145.)

D.5 National Historic Preservation Act (NHPA), 54 U.S.C. § 306121. The NHPA provides authority for Federal agencies to lease its historic property to any person or organization or exchange its property with comparable historic property, if determined that the lease or exchange will adequately ensure the preservation of the historic property. The authority allows an agency to retain and use proceeds for various historic property expenses. However, any surplus proceeds are deposited in the Treasury at the end of the second fiscal year following the fiscal year in which the proceeds are received, in accordance with the statute. Refer to NPR 8800.15 for additional information on leasing using NHPA and NID 8800.114, National Historic Preservation Act (NHPA) Leases, for additional financial requirements.

21 NASA’s proposal (as the requesting agency) for training with another Federal agency may be obligated using an SF-182 or another award vehicle.

D.6 Government Employees Training Act (GETA), 5 U.S.C. § 4103. The GETA provides authority for agencies to provide for formal employee training. Under GETA, agencies manage their own training, determine their own training needs, and select and fund training to meet those needs. Because of Office of Personnel Management (OPM) training requirements, the Center Human Resources should be contacted prior to using this authority in an agreement. GETA may be cited when the training is generic to a Federal agency, e.g., Office of Personnel Management (OPM) developed training for leadership, Treasury Fiscal Services financial training. 21 However, per Agency OGC guidance, when training is specifically developed for or by NASA with another Federal agency, the Economy Act is the proper authority. In addition to the agreement, the standard processes for requesting training using the Standard Form SF-182, Authorization, Agreement and Certification of Training, is still required.

D.7 Intergovernmental Personnel Act (IPA), 5 U.S.C. §§ 3371-3375 and Intergovernmental Personnel Program (IPP), 42 U.S.C. ch. 62. The IPA/IPP permit Federal agencies to enter into agreements governing the assignment of personnel to or from state and local governments, institutions of higher learning, Indian Tribal Governments, and other eligible organizations on a temporary basis. Refer to the OPM implementing instructions found on their policy Web site, Temporary Assignments under the Intergovernmental Personnel Act (IPA), 5 CFR pt. 334, and NPR 3300.1, Employment, Appointment Authorities, and Details, for information on acceptable reimbursable items. Although Centers are not required to prepare an EPR, Center CFO approval is required to ensure accounting classification is accurate. In lieu of developing a full-cost Reimbursable Agreement for IPA agreements, Centers may use OPM Form (OF) 69, Assignment Agreement – Title IV, Intergovernmental Personnel Act.

| TOC | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | AppendixA | AppendixB | AppendixC | AppendixD | AppendixE | AppendixF | AppendixG | ALL |
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