Procedural
Requirements
Effective Date: February 23, 2023
Expiration Date: February 23, 2028
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NASA Procedural Requirements |
NPR 9090.1C Effective Date: February 23, 2023 Expiration Date: February 23, 2028 |
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NASA may execute agreements under several statutory authorities. Table D, Agreement Authorities, provides a listing of authorities along with their short name that are used most often by NASA. It is not intended to be all-inclusive. Consult with OGC for appropriate authority when performing activities with a partner or for assistance where questions arise.
Table D, Agreement Authorities
| U.S.C. (Short Name) | Description |
|---|---|
| 51 U.S.C. § 20101 et seq. (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." Under 51 U.S.C. § 20113(e), a pricing adjustment for waived cost may be appropriate for a non-Federal partner when requested and approved in accordance with this NPR. For a Federal partner, pricing should be based on full-cost principles. Refer to NPD 1050.7 and its implementing instruction(s) regarding use of the authority. |
| 31 U.S.C. § 1535 (Economy Act) | Provides specific authority for Federal agencies to engage in interagency reimbursable activity under certain circumstances. Because the Economy Act requires actual (full) cost reimbursement, it should not be cited in a nonreimbursable agreement. |
| 51 U.S.C. § 50913 (Commercial Space Launch Act) | 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. |
| 51 U.S.C. § 20145 (Lease of Non-Excess Property)25 | 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; (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. Refer to NPD 8800.14, NPR 8800.15, and NID 9091.125 for related property management policy and procedure requirements. |
| 54 U.S.C. § 306121 (National Historic Preservation Act) | 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 this authority and NID 8800.114, National Historic Preservation Act (NHPA) Leases, for additional financial requirements. |
| 5 U.S.C. § 4103 (Government Employees Training Act) | Provides authority for agencies to provide for formal employee training. Under the authority, 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. The authority may be cited when the training is generic to a Federal agency (e.g., OPM developed training for leadership, Treasury Fiscal Services financial training).26 However, per 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. |
| 5 U.S.C. §§ 3371-3375 (Intergovernmental Personnel Act) and 42 U.S.C. ch. 62 (Intergovernmental Personnel Program) | These authorities 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 an IPA agreement, Centers may use OPM Form (OF) 69, Assignment Agreement - Title IV, Intergovernmental Personnel Act. |
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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.