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Electronic Code of Federal Regulations

e-CFR data is current as of December 4, 2019

Title 2Subtitle BChapter XVIII → Part 1800


Title 2: Grants and Agreements


PART 1800—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS


Contents
§1800.1   Authority.
§1800.2   Purpose.
§1800.3   Applicability.
§1800.4   Amendment.
§1800.5   Publication.
§1800.6   [Reserved]

Subpart A—Acronyms and Definitions

§1800.10   Acronyms.
§1800.11   Definitions.

Subpart B—Pre-Federal Award Requirements and Contents of Federal Awards

§1800.208   Certifications and representations.
§1800.209   Pre-award costs.
§1800.210   Information contained in a Federal award.

Subpart C—Post Federal Award Requirements

Standards for Financial and Program Management

§1800.305   Payment.
§1800.306   Cost sharing or matching.

Property Standards

§1800.312   Federally owned and exempt property.
§1800.315   Intangible property.

Remedies for Noncompliance

§1800.339   Termination.
§1800.400   Policy guide.

Authority: 51 U.S.C. 20113 (e), Pub. L. 97-258, 96 Stat. 1003 (31 U.S.C. 6301 et seq.), and 2 CFR part 200.

Source: 80 FR 54701, Sept. 11, 2015, unless otherwise noted.

§1800.1   Authority.

The National Aeronautics and Space Administration (NASA) awards grants and cooperative agreements under the authority of 51 U.S.C. 20113 (e), the National Aeronautics and Space Act. This part 1800 is issued under the authority of 51 U.S.C. 20113 (e), Pub. L. 97-258, 96 Stat. 1003 (31 U.S.C. 6301 et seq.), and 2 CFR part 200.

§1800.2   Purpose.

This part adopts the Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR part 200, as supplemented by this part, as the NASA policies and procedures for uniform administrative requirements, cost principles, and audit requirements for Federal awards. It thereby gives regulatory effect for NASA to the OMB guidance as supplemented by this part.

§1800.3   Applicability.

(a) This part establishes policies and procedures for grants and cooperative agreements awarded by NASA to non-Federal entities, commercial firms (when cost sharing is not required), and foreign organizations as allowed by 2 CFR 200.101 Applicability. The policies and procedures that you must follow are those appearing in subparts A through F of 2 CFR part 200 and as supplemented by 2 CFR part 1800. For supplemental guidance, NASA has adopted section numbers that correspond to those in the OMB guidance in 2 CFR part 200.

(b) Throughout this part, the term “award” refers to both “grant” and “cooperative agreement” unless otherwise indicated.

(c) When commercial firms are required to provide cost sharing pursuant to 2 CFR 200.306, Cost Sharing, the regulations at 14 CFR part 1274 apply.

(d)(1) 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. In these cases, NASA enters into agreements undertaking projects of international scientific collaboration. NASA policy on performing research with foreign organizations on a no-exchange-of-funds basis is set forth at NASA FAR Supplement (NFS) 1835.016-70. In rare instances, NASA may enter into an international agreement under which funds will be transferred to a foreign recipient.

(2) Grants or cooperative agreements awarded to foreign organizations are made on an exceptional basis only. Awards require the prior approval of the Headquarters Office of International and Interagency Relations and the Headquarters Office of the General Counsel. Requests to issue awards to foreign organizations are to be coordinated through the Office of the Chief Financial Officer, Policy Division.

[80 FR 54701, Sept. 11, 2015, as amended at 84 FR 20240, May 9, 2019]

§1800.4   Amendment.

This part will be amended by publication of changes in the Federal Register. Changes will be issued as final rules.

§1800.5   Publication.

The official site for accessing the NASA Grant and Cooperative Agreement Regulation, including notices, internal guidance, certifications, Grants and Cooperative Agreements Manual (GCAM) and other source information is on the internet at https://prod.nais.nasa.gov/pub/pub__library/srba.

[80 FR 54701, Sept. 11, 2015, as amended at 84 FR 20240, May 9, 2019]

§1800.6   [Reserved]

Subpart A—Acronyms and Definitions

§1800.10   Acronyms.

The following acronyms are a supplement to the acronyms set forth at 2 CFR 200.0

ACH   Automated Clearing House

AO   Announcement of Opportunity

CAN   Cooperative Agreement Notice

CFR   Code of Federal Regulations

CNSI   Classified National Security Information

EPA   Environmental Protection Agency

GCAM   Grants and Cooperative Agreements Manual

HBCU   Historically Black Colleges and Universities

LEP   Limited English Proficiency

MI   Minority Institutions

MYA   Multiple Year Award

NASA   National Aeronautics and Space Administration

NFS   NASA FAR Supplement

NPR   NASA Procedural Requirements

NRA   NASA Research Announcement

NSSC   NASA Shared Services Center

OMB   Office of Management and Budget

ONR   Office of Naval Research

RPPR   Research Performance Progress Report

STIP NASA Scientific and Technical Information Program

[80 FR 54701, Sept. 11, 2015, as amended at 84 FR 20240, May 9, 2019]

§1800.11   Definitions.

(a) The following definitions are a supplement to the subpart A definitions set forth at 2 CFR 200.2 through 200.99.

Administrative Grant Officer means a Federal employee delegated responsibility for award administration; e.g., a NASA Grant Officer who has retained award administration responsibilities, or an Office of Naval Research (ONR) Grant Officer delegated award administration by a NASA Grant Officer.

Commercial firm means any corporation, trust or other organization which is organized primarily for profit.

Effective date means the date work can begin. This date is the beginning of the period of performance and can be earlier or later than the date of signature on a basic award. Expenditures made prior to the effective date are incurred at the recipient's risk.

Grant Officer means a Federal employee responsible for the signing of the grant award documents.

Historically Black Colleges and Universities (HBCUs) means institutions determined by the Secretary of Education to meet the requirements of 34 CFR 608.2 and listed therein.

Minority Institutions (MIs) means an institution of higher education whose enrollment of a single minority or a combination of minorities (minority meaning American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin), Pacific Islander or other ethnic group under-represented in science and engineering.) exceeds 50 percent of the total enrollment, as defined by section 365(3) of the Higher Education Act (HEA) (20 U.S.C. 1067k(3)).

NASA Technical Officer means the NASA official responsible for the programmatic, scientific, and/or technical aspects of assigned applications and awards.

Original signature means an authorized signature as follows. If the system (such as NSPIRS) used to submit required documents allows for electronic signatures, then the submission of the documents, by the authorized representative of the organization serves as the required original signature. If, however, a paper copy submission is required, all documents submitted shall be appropriately signed in ink with an actual signature by the authorized representative of the organization.

Prescription is defined as the written instructions, to the Grants Officer, for the application of terms and conditions.

Research misconduct is defined in 14 CFR 1275.101. NASA policies and procedures regarding Research misconduct are set out in 14 CFR part 1275, “Investigation of Research Misconduct.”

Summary of research means a document summarizing the results of the entire project, which includes bibliographies, abstracts, and lists of other media in which the research was discussed. Terms and conditions replace the provisions cited in the former Grant Handbook. They may be modified as noted in each section.

[80 FR 54701, Sept. 11, 2015, as amended at 84 FR 20240, May 9, 2019]

Subpart B—Pre-Federal Award Requirements and Contents of Federal Awards

§1800.208   Certifications and representations.

The certifications and representations for NASA may be found in Exhibit C of the GCAM. https://prod.nais.nasa.gov/pub/pub__library/srba.

[84 FR 20240, May 9, 2019]

§1800.209   Pre-award costs.

NASA waives the approval requirement for pre-award costs of 90 days or less.

§1800.210   Information contained in a Federal award.

NASA waives the requirement for the inclusion of indirect cost rates on any notice of Federal award for commercial firms with no cost sharing requirement. The terms and conditions for NASA may be found in Exhibit D of the GCAM. https://prod.nais.nasa.gov/pub/pub__library/srba.

[84 FR 20240, May 9, 2019]

Subpart C—Post Federal Award Requirements

Standards for Financial and Program Management

§1800.305   Payment.

Payments under awards with commercial firms will be made based on incurred costs. Standard Form 425 is not required. Commercial firms shall not submit invoices more frequently than quarterly. Payments to be made on a more frequent basis require the written approval of the Grant Officer.

§1800.306   Cost sharing or matching.

In some cases NASA research projects require cost sharing/match. Where cost sharing/match is required, recipients must secure and document matching funds, to receive the Federal award.

Property Standards

§1800.312   Federally owned and exempt property.

Under the authority of the Childs Act, 31 U.S.C. 6301 to 6308, NASA has determined to vest title to property acquired with Federal funds in the recipient without further obligation to NASA, including reporting requirements.

§1800.315   Intangible property.

Due to the substantial involvement on the part of NASA under a cooperative agreement, intellectual property may be produced by Federal employees and NASA contractors tasked to perform NASA assigned activities. Title to intellectual property created under the cooperative agreement by NASA or its contractors will initially vest with the creating party or parties. Certain rights may be exchanged with the recipient.

Remedies for Noncompliance

§1800.339   Termination.

NASA reserves the ability to terminate a Federal award in accordance with §200.338 through §200.342 and as set forth in section D21 of the GCAM.

[84 FR 20240, May 9, 2019]

§1800.400   Policy guide.

Payment of fee or profit is consistent with an activity whose principal purpose is the acquisition of goods and services for the direct benefit or use of the United States Government, rather than an activity whose principal purpose is assistance. Therefore, the Grants Officer shall use a procurement contract, rather than assistance instrument, in all cases where fee or profit is to be paid to the recipient of the instrument or the instrument is to be used to carry out a program where fee or profit is necessary to achieving program objectives. Grants and Cooperative Agreements shall not provide for the payment of fee or profit to the recipient.

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