Policy
Directive
Effective Date: May 23, 2024
Expiration Date: May 23, 2029
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NASA Policy Directive |
NPD 1050.7A Effective Date: May 23, 2024 Expiration Date: May 23, 2029 |
a. It is NASA's policy to utilize Reimbursable, Nonreimbursable, Funded, and Unfunded agreements with external partners, both United States (U.S.) and foreign; including an educational institution; public interest organization; commercial entity; individual; a Federal, state, or local governmental unit; a foreign governmental unit; or international organization, in order to meet wide-ranging NASA mission objectives. These agreements are defined in Attachment A.
b. It is also NASA's policy that all agreements entered into under this directive will comply with:
(1) Headquarters abstract review requirements, in accordance with the NASA Advisory Implementing Instruction (NAII) 1050.3, NASA Partnerships Guide.
(2) As required by the NASA Transition Authorization Act of 2017, Pub. L. No. 115-10, § 841, regarding equitable access to NASA resources, competing exclusive partnership opportunities, public disclosure, and Congressional reporting for agreements entered into under NASA's Other Transactions Authority, 51 U.S.C. § 20113(e).
a. This NASA Policy Directive (NPD) applies to any agreement regardless of the authority under which it is executed, except that it does not apply to arrangements concerning the out-grant or in-grant of NASA real property or interests in personal property, or other properties, that are governed by NPD 4200.1, Equipment Management Program, NPD 8800.14, Policy for Real Estate Management, and NPD 1387.1, NASA Exhibits Program.
b. This NPD does not apply to procurement contracts, which relate to procurement (contracting) activities that, by law, are different than agreements, and are conducted consistent with procurement procedures in the Federal Acquisition Regulation (FAR), NASA FAR Supplement, 48 CFR chap. 18, and other Federal and Agency guidance. This NPD also does not apply to grants and cooperative agreements, which are assistance instruments conducted pursuant to 2 CFR 200, 2 CFR 1800, the NASA Grant and Cooperative Agreement Manual, and other Federal and Agency guidance. Further, this NPD does not apply to reimbursable interagency agreements in which NASA is the requesting agency.
c. This NPD applies to NASA Headquarters and NASA Centers, including Component Facilities, and Technical and Service Support Centers.
d. In this directive, the terms "may" or "can" denote discretionary privilege or permission, "should" denotes a good practice and is recommended, but not required, "will" denotes expected outcome, and "are/is" denotes descriptive material.
e. In this directive, all document citations are assumed to be the latest version unless otherwise noted.
a. Stevenson-Wydler Technology Innovation Act of 1980, 15 U.S.C. § 3701 et seq.
b. Economy Act, 31 U.S.C. § 1535.
c. The National Aeronautics and Space Act, 51 U.S.C. § 20101 et seq., in particular 51 U.S.C. § 20113(e).
d. Commercial Space Launch Act, 51 U.S.C. § 50913.
e. Commercial Space Competitiveness, 51 U.S.C. § 50504.
f. Other partnering authorities that the Agency may rely upon to provide goods, services, facilities, or equipment to a partner, to receive goods, services, facilities, or equipment from a partner, or to work with a partner on a no-exchange-of-funds basis, as determined by the Office of the General Counsel or Office of Chief Counsel within their areas of jurisdiction.
a. Limitations on Expending and Obligation Amounts, 31 U.S.C. § 1341.
b. NASA Transition Authorization Act of 2017, Pub. L. No. 115-10, § 841.
c. NPR 9090.1, Partnership Agreements - Financial Requirements and Administration.
d. NAII 1050.3, NASA Partnerships Guide.
e. NPD 1000.5, Policy for NASA Acquisition.
a. The Mission Directorate Associate Administrators, the Officials-in-Charge of Headquarters Offices, Center Directors, and the Director of the NASA Office of Jet Propulsion Laboratory (JPL) Management and Oversight (NOJMO), within their areas of jurisdiction, are responsible for the:
(1) Negotiation, execution (by means of signature), amendment, and termination of Reimbursable agreements (except agreements with foreign entities), Nonreimbursable agreements (except agreements with foreign entities), Funded agreements and Unfunded agreements, and the selection of Agreement Managers. Responsibilities for agreements with foreign entities are defined in paragraph 5d of this directive.
(2) Use of the Partnership Agreement Maker (PAM) system to initiate and review agreements to the maximum extent practicable.
(3) Use of PAM to store all domestic unclassified agreements, with the exception of reimbursable interagency agreements required to be executed in the U.S. Department of the Treasury's (USDT) G-invoicing system.
(4) Inclusion of the provisions described in Attachment D in agreements and request deviations described in Attachment E, as necessary.
b. The Mission Directorate Associate Administrators (or appropriate functional sponsors) are additionally responsible for recommending if a Funded agreement is the preferred approach for an activity based on the program purpose and objectives, and subject to further Agency review, according to NPD 1000.5 and NAII 1000.2, Acquisition Strategy Meeting (ASM) Guide.
c. The NASA Chief Financial Officer (CFO) is responsible for developing, updating, and issuing financial management policies and procedures consistent with Federal laws, regulations, and policies to ensure the Agency's fiscal integrity in the budgeting, recording, and reporting of agreements, to include NPR 9090.1; NPR 9420.1, Budget Formulation; and NPR 9470.1, Budget Execution.
d. The Associate Administrator for the Office of International and Interagency Relations (OIIR) is responsible for the review of all agreements with other U.S. Federal agencies; the selection of Agreement Managers for agreements with foreign entities; the negotiation, conclusion (which may include signature and a separate entry-into-force process), amendment, and termination of agreements with foreign entities; the NASA-wide preliminary review of proposed classified interagency agreements; centralized tracking and coordination of classified interagency agreements; application of current policy for interagency agreements and agreements with foreign entities; and storing all agreements within his/her jurisdiction, which includes agreements with foreign entities and classified interagency agreements.
e. The Associate Administrator for Mission Support is responsible for the partnership approval process and procedures and application of current policy for domestic, non-interagency unclassified agreements.
f. As delegated by the Associate Administrator for Mission Support, the Director of the Partnership Office in the Mission Support Directorate is responsible for coordinating the preliminary review of proposed unclassified agreement activities across NASA through the Headquarters abstract review process and for facilitating resolution of any issues or concerns arising from the process. The Director is also responsible for partnerships procedural guidance and training such as the NAII 1050.3, and the Agency's SATERN-based partnerships training modules. The Partnership Office serves as the primary interface with the NASA partnerships community regarding questions or interpretation of partnership policy. The Director is also responsible for managing the Agency's PAM system.
g. The NASA Office of the General Counsel (OGC) is responsible for reviewing all agreements entered into under this directive to ensure compliance with applicable statutes, regulations, and policies. OGC provides support to the CFO with respect to responsibilities described in paragraph 5c; the Associate Administrator for OIIR, with respect to responsibilities described in paragraph 5d; and the Director of the Partnership Office with respect to responsibilities described in paragraph 5f. Prior to execution of a Funded agreement, the NASA OGC is responsible for preparing a decision memo documenting the Agency's determination that a Funded agreement is the appropriate instrument to meet NASA's objectives, supporting the reviews required under NPD 1000.5.
h. A Signing Official, as a NASA employee delegated in writing with the responsibility to execute agreements for the Agency, is responsible for ensuring that the agreement meets the requirements in this NPD, including that it has been properly reviewed. The officials authorized, in paragraphs 5a and 5d, to execute agreements may delegate the responsibility, in accordance with section 6, to one or more Signing Officials. For all agreements, the Signing Official is responsible for determining that the proposed contribution of NASA is fair and reasonable compared to NASA program risks, corresponding benefits to NASA, and the funding or resources to be contributed by the partner.
i. The Agreement Manager is responsible for collecting the information required to establish the parties' reasonable expectations during the agreement formation process, including mutually agreed-upon processing times for concluding the agreement; managing the drafting, review, and approval process of the agreement consistent with Agency requirements; and helping to ensure that the agreement meets the parties' established expectations. Each Agreement Manager may act as a facilitator, negotiator, or both. The Agreement Manager is responsible for identifying and ensuring timely involvement of the appropriate NASA offices in the review and approval process, complying with the Headquarters abstract review process requirements, and preparing an adequate review package for the Signing Official. For the Agency's recordkeeping requirements, the Agreement Manager is responsible for uploading all final, signed copies of domestic unclassified agreements under their jurisdiction into PAM (except reimbursable interagency agreements generated and signed in G-invoicing). The Agreement Manager also plays a key role in agreement administration responsibilities and interfaces with a suite of subject-matter experts representing both staff and technical organizations, with the focus on ensuring that every agreement is effectively utilized and strategically managed. For interagency agreements, the Agreement Manager will provide a copy of the executed agreement to the Associate Administrator for OIIR.
a. The officials authorized in paragraph 5a. to negotiate, execute, amend, and terminate agreements may delegate their responsibility for Nonreimbursable agreements, Unfunded agreements, and Reimbursable agreements to any NASA employee having management responsibility for projects or activities required to support the agreement objectives.
b. The Associate Administrator of OIIR may establish those circumstances under which designees at Headquarters or Centers may appropriately execute, amend, and terminate agreements with foreign entities.
c. For reimbursable interagency agreements, an official may give a written, limited delegation to a NASA employee for the purpose of signing the General Terms and Conditions for a specified agreement in USDT's G-Invoicing system.
d. For funded agreements, officials authorized in paragraph 5a may delegate the authority to execute, amend, and terminate such agreements to a NASA employee who is their subordinate one level down. Such delegated officials may further delegate the authority to amend funded agreements to any NASA employee having management responsibility for projects or activities required to support the agreement objectives.
e. Any such delegation of authority to execute, amend, and terminate agreements will be in writing and indicate the extent of the delegation. The officials authorized in paragraph 5a, within their area of jurisdiction, may delegate responsibility for selecting Agreement Managers to any NASA employee.
None.
NPD 1050.7, Authority to Enter into Partnership Agreements, dated January 11, 2021.
Agreements with foreign entities. Nonreimbursable agreements or Reimbursable agreements wherein the partner is a legal entity that is not established under a state or Federal law of the United States, including a commercial or noncommercial entity or a foreign government or agency.
Funded agreements. Agreements in which NASA transfers appropriated funds to a domestic partner to accomplish an Agency objective where there is no direct benefit to NASA. Funded agreements may be used when the Agency cannot accomplish its objectives through the use of a procurement contract, grant, or cooperative agreement, and only after full and open competition. The Agency bases its selection of its partners on the evaluation criteria developed for the competition, while seeking to maximize the value of the contributions provided by a partner, consistent with Pub. L. No. 115-10, § 841(b), in order to advance an Agency objective. Funded agreements are subject to NPD 1000.5, Policy for NASA Acquisition, NAII 1000.1, Decision Framing Meeting (DFM) and Pre-Acquisition Strategy Meeting (Pre-ASM) Guide, and NAII 1000.2, Acquisition Strategy Meeting (ASM) Guide.
G-Invoicing. A Government-wide system managed by the Department of the Treasury. Treasury mandated the use of the system for reimbursable interagency agreements when executing buying or selling transactions between Federal agencies.
In-Grants. The nonpermanent transfer of real property rights to NASA by means of lease, easement, permit, license, or other agreement.
Nonreimbursable agreements. Agreements in which the partner and NASA are involved in a mutually beneficial activity that furthers the Agency's objectives, wherein each party bears the cost of its participation on a no-exchange-of-funds basis.
Out-Grants. The nonpermanent transfer of rights to NASA real property to others by means of a lease (or any other form of acceptable legal instrument that recognizes NASA as the landlord and the lessee as the tenant), permit, easement, right-of-way, license, concessionaire agreement, or other agreement.
Reimbursable agreements. Agreements that primarily benefit the partner and NASA's costs associated with the activity are reimbursed by the agreement partner in accordance with Agency financial policy. NASA undertakes Reimbursable agreements when it has goods, services, facilities, or equipment, not reasonably available from the U.S. commercial sector, that can be made available to others on a noninterference basis, consistent with the Agency's mission objectives.
Signing Officials. NASA employees delegated the responsibility to execute agreements for the Agency.
Unfunded agreements. Agreements in which the Agency provides goods, services, facilities, or equipment on a no-exchange-of-funds basis to a domestic partner to accomplish an Agency objective where there is no direct benefit to NASA. NASA will enter into Unfunded agreements only after full and open competition. The Agency bases its selection of partners on the evaluation criteria developed for the competition in order to advance an Agency objective.
Waivers. Written authorizations to depart from a specific directive requirement.
ASM Acquisition Strategy Meeting
CFO Chief Financial Officer
CFR Code of Federal Regulations
FAR Federal Acquisition Regulation
JPL Jet Propulsion Laboratory (JPL)
NOJMO NASA Office of JPL Management and Oversight
NAII NASA Advisory Implementing Instruction
NPD NASA Policy Directive
OGC Office of General Counsel
OIIR Office of International and Interagency Relations
PAM Partnership Agreement Maker
Pub. L Public Law
U.S. United States
U.S.C. United States Code
USDT United States Department of the Treasury
C.1 Federal Grant and Cooperative Agreements Act of 1977, Purposes, 31 U.S.C. § 6301, et seq.
C.2 Misuse of Agency Name and Initials, 51 U.S.C. § 20141.
C.3 Delegations and Designations, 14 CFR subpt. 1204.5.
C.4 NASA Seal, NASA Insignia, NASA Logotype, NASA Program Identifiers, NASA Flags, and the Agency's Unified Visual Communications System, 14 CFR subpt. 1221.1.
C.5 Patent Waiver Regulations, 14 CFR pt. 1245, subpt. 1.
C.6 Grants and Cooperative Agreements, 2 CFR pt. 1800.
C.7 NASA FAR Supplement, Interagency Acquisitions, 48 CFR subpt. 1817.5.
C.8 NPD 1090.1, Challenges, Prize Competitions and Crowdsourcing Activities.
C.9 NPD 1370.1, Reimbursable Utilization of NASA Facilities by Foreign Entities and Foreign-Sponsored Research.
C.10 NPD 1387.1, NASA Exhibits Program.
C.11 NPD 2190.1, NASA Export Control Program.
C.12 NPD 4200.1, Equipment Management Program.
C.13 NPD 8800.14, Policy for Real Property Management.
C.14 NPR 8800.15, Real Estate Management Program.
C.15 NAII 1000.2, Acquisition Strategy Meeting Guide.
(1) The applicability of U.S. Federal law (unless relating to an agreement under international law).
(2) Purpose or scope of the planned activities.
(3) Respective responsibilities of NASA and the partner based on "reasonable efforts," including schedule or performance milestones, as appropriate. These responsibilities need to be stated with sufficient clarity to support sound management planning and efficient agreement administration.
(4) Clearly defined financial commitments, including a statement that NASA's performance of the agreement is subject to the availability of appropriated funds consistent with Limitations on Expending and Obligating Amounts, 31 U.S.C. § 1341, and preparation of an Estimated Price Report or Estimated Cost Report, as defined in NPR 9090.1.
(5) Resource commitments providing that NASA's own usage of its goods, services, facilities, or equipment has priority over the usage planned in the agreement.
(6) Allocation of liability between NASA and the partner.
(7) Allocation of intellectual property rights implicated by, or created under, the agreement.
(8) Termination rights and obligations.
(9) A fixed expiration date.
E.1 A waiver is required for deviation from NASA's standard approach for advance payment. Where a non-Federal party demonstrates a financial 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 may be recommended by the project manager or other responsible official and will be approved in accordance with the requirements of NPR 9090.1, before work under the Agreement may proceed. The waiver is retained in the PAM system as part of the official agreement record.
E.2 NASA will use standard clauses in each of its partnership agreements covering certain terms and conditions to maintain fairness and consistency regarding the initiation and execution of agreements, so that NASA works with its potential partners on substantially similar terms and conditions. For all agreements, where a standard clause is not used in an agreement, or the wording is proposed to be changed for a standard clause, the Agreement Manager will consult with the local Office of General Counsel to ensure consistency with Agency guidance.
E.3 For agreements with domestic non-Federal Government partners, an advance written approval is required from the Director of the NASA Partnership Office (or designee) when proposing to omit or modify any of the following standard clauses (when the clause would normally be applicable for the particular agreement):
(1) Nonexclusivity;
(2) Priority of Use;
(3) Liability related clauses;
(4) Intellectual Property Rights related clauses;
(5) Release of General Information to the Public and Media;
(6) Use of NASA Name and Emblems;
(7) Compliance with Laws and Regulations;
(8) Right to Terminate related clauses; and
(9) Investigations of Mishaps and Close Calls.
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.