PURPOSE.

This NPG establishes guidelines for entering into Space Act agreements. The purpose of this document is to explain philosophy, delineate approaches, and describe policies, authorities, and procedures involved in creating Space Act agreements. Although this NPG contains examples of clauses for various types of agreements, it is not meant to establish standard clauses or dictate specific drafting conventions.

APPLICABILITY

This NPG is applicable to NASA Headquarters and NASA Centers, including Component Facilities.

SCOPE AND POLICY

NASA's organic statute, the National Aeronautics and Space Act of 1958 (herein, the Space Act), as amended [42 U.S.C. § 2451 et seq.], grants NASA broad discretion in the performance of its functions. Specifically, the Space Act authorizes the NASA Administrator "to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of its work and on such terms as it may deem appropriate, with any agency or instrumentality of the United States, or with any State, Territory, or possession, or with any political subdivision thereof, or with any person, firm, association, corporation, or educational institution (emphasis added)" [42 U.S.C. § 2473 (c)(5)]. In addition, section 205 [42 U.S.C. § 2475] permits the Administrator to engage in international cooperative programs pursuant to NASA's mission. Under its Space Act authority, NASA has entered into a great number of partnerships with diverse groups of people and organizations in order to meet wide-ranging NASA mission and program requirements and objectives.

The previous edition of the Space Act Agreements Manual discussed the general principles of a subset of Space Act agreements — those signed under the authority of NASA Management Instruction (NMI) 1050.9A entitled "Delegation of Authority — To Take Actions Related to Certain Reimbursable and Nonreimbursable Space Act Agreements." Under NMI 1050.9A, the NASA Administrator delegated authority to enter into certain reimbursable and nonreimbursable agreements to NASA management both at NASA Headquarters and at the NASA Centers. In addition to NMI 1050.9A, other NMI's addressed delegation of the Administrator's authority depending on the identity of the partner and/or type of activity. For example, NMI 1050.3J covered agreements with colleges and universities and NMI 1050. 1E, interagency agreements. In addition, there were other delegations categorized by the type of activity undertaken. Examples include NMI 8610.16A which established the Launch Services Agreement (LSA) and NMI 8410.2B for Reimbursable Use of the Tracking and Data Relay Satellite System (TDRSS).

More recently, all Space Act agreement delegation NMI's have been combined into a single directive, NPD 1050.1F entitled "Authority to Enter into Space Act Agreements." In addition to simplifying the Administrator's delegation authority, the NPD takes into account NASA's decision to move more program management control to the Centers and incorporates the full cost accounting principles of Financial Management Manual (FMM), Volume 9000, Chapter 9090 (FMM 9090). NPD 1050.1F sets out delegation authority (who can sign agreements) and permits the Strategic Enterprises (with guidance from the relevant functional offices) to determine some aspects of further delegation (redelegation). NPD 1050.1F also specifies minimum concurrence requirements. However, given this new approach, broader intra-agency concurrences, beyond the required level, help ensure that all Agency issues are appropriately considered before an agreement is finalized. A restrictive view of the concurrence process often results in implementation problems. Therefore, if the resources of a NASA Program Office or Center are affected by a Space Act agreement, early involvement of that office, as well as written concurrence, should be sought.

To support NPD 1050. 1F, the previous Space Act Agreements Manual has been updated and issued as this NPG. It gives guidance and advice on various classes of agreements divided according to the type and identity of the parties. Other requirements may exist based on the subject matter of the agreement. This NPG makes no attempt to assemble or reference subject matter-related requirements to the extent such requirements exist. Those requirements can be found in issuances from cognizant NASA offices. This NPG is applicable to NASA Headquarters and NASA Centers, including Component Facilities.