| NODIS Library | Financial Management(9000s) | Search |

NASA Ball NASA
Procedural
Requirements
NPR 9090.1B
Effective Date: March 04, 2020
Expiration Date: March 04, 2025
COMPLIANCE IS MANDATORY FOR NASA EMPLOYEES
Printable Format (PDF)

Subject: Partnership Agreements-Financial Requirements and Administration

Responsible Office: Office of the Chief Financial Officer


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

Appendix F. Commercial Space Launch Act Agreement Pricing

F.1 CSLA Agreements. NASA may provide support for commercial launch or reentry efforts and use of its space-related property and facilities at a direct cost recovery rate.

a. CSLA general requirements and considerations are that launch or reentry property of the United States Government is excess and otherwise not needed for public use or that launch and reentry services of the Government are otherwise not needed for public use.

b. Additionally, a commercial launch or reentry is any launch or reentry which is anticipated to be subject to a license or permit by the Federal Aviation Administration (FAA). These include FAA licensed or permitted launch and reentry activities carrying a NASA payload pursuant to a contract or other arrangement between NASA and the commercial launch provider.

c. Due to these limitations, CSLA agreements may not commit NASA to provide property or services unless there is a reasonable assurance that NASA or another Federal partner will not require the services or property for the period of performance and that NASA can withdraw from providing the property or services if the conditions change.

d. Per Agency guidance, CSLA-proposed agreements require HQ review through the abstract process. 22 Guideline considerations are:

(1) CSLA should be limited in time and scope. CSLA may be approved when it enables a NASA mission priority or a new capability development within the U.S. aerospace industry. Once mission priority is achieved, use of CSLA should periodically be reevaluated for appropriate need.

(2) CSLA should generally not be used when the agreement activity involves funded contract activity (e.g., CRS2, CCtCap), involves other Federal agencies except as noted in (1), or involves leasing of NASA real property that is deemed non-excess or otherwise needed for public use.


22 Refer to NAII 1050-3 for further information on the abstract review and guidelines.

F.2 Pricing under CSLA.

a. Before applying the pricing policy under this section, the full-cost estimate of the agreement will be calculated in accordance with Chapter 3 of this NPR and identified in the full-cost column of the EPR.

b. The CSLA delineates that agencies may only charge the direct cost of launch or reentry services. Direct costs that are billable to the reimbursable partner are those costs that can be associated unambiguously with a commercial launch or reentry effort and which the Government would not incur if there were no commercial launch or reentry effort, including property and services. Costs that cannot be associated unambiguously with a commercial launch or reentry effort or which the Government would incur if there were no commercial launch or reentry effort are not to be included in the price charged to the partner for a CSLA agreement. However, these costs are included when determining the full cost of the agreement in accordance with Chapter 3 of this NPR.

F.2.1 Direct Costs. The following should be included when calculating the direct costs for launch or reentry services provided to a partner under the CSLA:

a. Contractor Cost. Direct costs should include contract costs that directly support the reimbursable project and which are charged by the contractor to NASA. Such costs are recognized and billable to the reimbursable partner if those costs would not be incurred if there were no commercial launch or reentry effort. The amount billable can include estimated contractor costs. Costs which are billable to the reimbursable partner include, but are not limited to:

(1) Contractor labor costs charged by the contractor to NASA for supporting the tasks associated with the commercial launch or reentry effort.

(2) ODCs as identified by the contractor.

(3) The associated general and administrative (G&A) costs which are charged by the contractor to NASA (to the extent they would not be charged to NASA if there were no commercial launch or reentry effort).

Note: While a contractor’s G&A costs are indirect to the contractor, NASA considers these charges as direct when the G&A rate is applied to the contractor’s direct costs.

(4) The associated fixed and award fees on the above costs (to the extent they would not be charged to NASA if there were no commercial launch or reentry effort).

b. Civil Service Labor. The direct costs for services provided by NASA civil service labor supporting the reimbursable task should include components of personnel compensation. Billable civil service labor does not include a charge for persons responsible for general management and support other than those persons dedicated and responsible for directly managing work on the reimbursable project. The direct labor costs include, but are not limited to, basic pay of employees supporting the task plus the Government share of associated labor-related expenses, including fringe benefits.

c. Property and Facilities. Refer to section F.2.2.

d. ODCs. ODCs that are customarily charged to reimbursable projects, such as travel, transportation, materials, and supplies (only to the extent those costs would not be incurred if there were no commercial launch or reentry effort).

e. Common support activities or service pools. To the extent that costs incurred by a common support activity or service pool can be specifically attributed to the reimbursable activity (only to the extent those costs would not be incurred if there were no commercial launch or reentry effort), these costs will be distinguishable and considered as direct costs billable to the reimbursable partner under the CSLA agreement. As practicable, Centers should accumulate such costs in accounts specifically associated with the reimbursable project rather than being commingled with other shared costs. This may include, but is not limited to the following:

(1) The costs attributable to consumption of utilities, commodities, or other measurable consumables and which could be directly related to the reimbursable project.

(2) The costs attributable to additional maintenance or other operations that NASA would not otherwise perform and which arise as a result of the reimbursable project.

(3) The costs associated with typical Center management and operations functions that can be directly attributed to the partner (e.g., specific security costs, emergency services, medical/health services, and IT services).

F.2.2 Property and Facilities. For NASA property provided under a lease, license, or loan to the private sector or a state government to support a commercial launch or reentry effort under the CSLA, the price is an amount equal to the direct costs, including specific wear and tear and property damage that NASA incurs as a result of the lease, license, or loan. Any such lease, license, or loan will be conducted in accordance with applicable law, regulation, and NASA policy. The direct costs for property or facilities made available by NASA to a partner under the CSLA and billable to the reimbursable partner should include, but are not limited to, the following:

a. The costs incurred by the Government to alter, modify, or bring up to operating condition the property or facility.

b. The costs attributable to consumption of utilities, commodities, or other measurable consumables.

c. The costs attributable to operations, maintenance, and repair that NASA would not otherwise perform. For example, a facility which has been determined to be excess to Agency programmatic needs and which would be maintained by the partner can be provided to a CSLA partner without a rental charge. In this instance, the direct cost to NASA of this facility could be zero, since the partner would be assuming the cost of operations, maintenance, utilities, modification, or demolition of the property.

F.2.2.1 In the case of NASA launch or reentry property made available under CSLA that involve property or facilities shared with other users (including NASA direct projects) and where a sharing arrangement is both feasible and occurs on a non-interference basis, a reasonable allocation of direct costs associated with that portion of the property, facility, or asset should be charged to the CSLA partner. These costs are in addition to costs specifically identifiable with the partner’s share of the facility under the CSLA reimbursable agreement (as described in section 3.2). Such allocation would be based on variable costs associated with operating the facility and would not include fixed costs associated with the facility (e.g., those that would be incurred if there were no occupants). The Center may develop a rate to be applied to the agreement in order to represent a reasonable allocation of the variable costs of functions typically associated with usage of the facility (e.g., by square footage or persons occupying the facility).

F.2.2.2 For NASA launch or reentry property sold (or transferred through a transaction similar to sale) to the private sector or a state government to support a commercial launch or reentry effort under the CSLA, the price is the fair market value of the property. Sale or transfer of such property will be conducted in accordance with applicable law, regulation, and NASA policy applicable to the sale of Government property.

F.2.3 Indirect Costs. The following are considered indirect costs and are not included in the price charged to the partner for CSLA agreements. However, the indirect costs are included when determining the full cost of the agreement in accordance with Chapter 3 of this NPR and recorded under the pricing adjustment column of the EPR as excluded cost.

a. Reimbursable assessments for the CMO rate.

Note: While functions within CMO are generally treated as indirect, some support may be driven by use and can be directly chargeable (i.e., considered a direct cost). A Center may develop a rate to be applied to the agreement to represent the direct or marginal costs of activities typically included within CMO functions.

b. HQs Administrative Fee.

c. CAAS assessment.

d. Allocation of service pools where the service pool costs would be incurred without regard to the specific commercial launch or reentry effort.

e. Recovery of infrastructure overhead and similar charges, including those that would normally be charged to programmatic funds (i.e., not covered by either a CMO rate or the Administrative fee for HQs and NMO).



| TOC | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | AppendixA | AppendixB | AppendixC | AppendixD | AppendixE | AppendixF | AppendixG | ALL |
 
| NODIS Library | Financial Management(9000s) | Search |

DISTRIBUTION:
NODIS


This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.