3.2.3.1. 117 3.2.3.2. 117 3.2.3.3. 117 3.2.4. 117 3.2.4.1. 117 3.2.4.2. IAA 118 3.2.4.3. 118 3.2.5. 118 3.2.5.1. 118 3.2.5.2. 118 3.2.5.3. 119 3.2.6. 119 3.2.6.1. 119 3.2.6.2. 119 3.2.6.3. 119 3.2.6.4. 120 3.2.7. 120 3.2.8. 120 3.2.8.1. 120 3.2.8.2. ISS 3.2.8.3. ISS 120 3.2.9. 121 3.2.9.1. – – 121 3.2.9.2. – – 121 3.2.9.2.1. – RIGHTS – 122 3.2.9.3. – 123 3.2.10. 123 3.2.11. 123 3.2.11.1. 123 3.2.11.2. 123 3.2.12. 123 RESPONSIBILITIES OF OF OF OF OF OF OF PURPOSE OF RESPONSIBILITIES FINANCIAL OF OF OF OF OF AND AND AND AND AND AND AND AGREEMENT AND AGREEMENT AND PURPOSE RESPONSIBILITIES SCHEDULE AND FINANCIAL OBLIGATIONS AND TERM AGREEMENT OBLIGATIONS AGREEMENT PURPOSE RESPONSIBILITIES FINANCIAL OBLIGATIONS TERM AGREEMENT AGREEMENT SCHEDULE FINANCIAL AGREEMENT FINANCIAL SCHEDULE SCHEDULE SPACE PROPERTY TO TO PROPERTY TO THE THE THE FOR
3.2.12.1. 123 3.2.12.2. 123 3.2.12.3. 124 3.2.12.4. 124 3.2.12.5. 124 3.2.13. 124 3.2.14. 124 3.2.14.1. 124 3.2.14.2. 125 3.2.14.3. 126 3.2.15. 126 3.2.15.1. 126 3.2.15.2. 126 3.2.16. 127 3.2.16.1. 127 3.2.16.2. 127 3.2.16.3. 127 3.2.17. 127 3.2.18. 127 3.2.19. 128 CHAPTER 4. AGREEMENTS WITH FOREIGN ENTITIES 129 4.1. GENERAL GUIDANCE 129 4.1.1. 129 4.1.2. 130 4.1.3. 131 4.1.4. 131 4.1.5. 132 4.2. INTERNATIONAL NONREIMBURSABLE AGREEMENT – MEMORANDUM OF UNDERSTANDING, LETTER AGREEMENT, IMPLEMENTING ARRANGEMENTS 133 4.3. INTERNATIONAL REIMBURSABLE 134 4.4. 136 4.5. 136 4.6. INTERNATIONAL CONTENTS 137 4.6.1. TITLE 139 4.6.2. TABLE CONTENTS 139 4.6.3. PREAMBLE/INTRODUCTORY LANGUAGE 139 4.6.4. COOPERATION 140 4.6.5. DEFINTIONS 141 4.6.6. 141 CONTACT DISPUTE RESOLUTION TYPES AGREEMENTS FOREIGN CONTACT OF OF OF OF DISPUTE RESOLUTION OF OF PROCESS OF AND AND POINTS CONTACT MODIFICATIONS OBLIGATIONS MODIFICATIONS POINTS CONTACT MODIFICATIONS AGREEMENT FOREIGN OTHER TYPES FOREIGN SPACE FOR
the SAA) into SAAM within 5 business days. 3 2/25/2013 1.3. Agreement Formation Process Added explanation that classified interagency agreements are drafted in the appropriate classified system in coordination with OIIR/ECILD. Moreover, signed classified interagency agreements should be provided to OIIR/ECILD for centralized tracking on the appropriate system. 4 2/25/2013 1.3. Agreement Formation Process Changed the URL link for EPLS searches to the SAM system. 5 2/25/2013 1.3 Agreement Formation Process Added to the preliminary abstract review requirements that OIIR is responsible for the NASA-wide preliminary review of proposed classified interagency agreements. Centers and Headquarters offices should submit an abstract to OIIR/ECID through the appropriate classified system when they are planning a classified interagency agreement. All classified activities with a federal Government entity directly as a Partner, or indirectly as a beneficiary require submission of an abstract to OIIR through the appropriate classified system. 6 2/25/2013 1.3. Agreement Formation Process to the preliminary abstract review requirement that where a foreign entity benefits, an explanation of the benefit should be provided. 7 2/25/2013 1.3. Agreement Formation Process Clarified that MSD will facilitate resolution of any abstract issues with a goal of providing a consolidated response within 8 business days. 8 2/25/2013 1.3. Agreement Formation Process Added requirement for Agreement Managers to make MSD aware if there are significant changes to a proposed activity upon which a decision not to submit an abstract was made. 9 2/25/2013 1.3. Agreement Formation Process Clarified that the NASA Management Office is not required to do Estimated Price Reports. 10 2/25/2013 1.5. Reimbursable Agreement Referenced 1/18/2007 NASA policy regarding Reimbursable SAAs issued by
“Intellectual Property Rights”). For Reimbursable SAAs, “Financial Obligations” also survive termination or expiration of the SAA and should be included in this clause. 2.2.18. OF To establish clear interfaces, management, project level, or in some cases, program level Points of Contact (POCs) should be specified as required to facilitate good communication during the SAA activity. In larger projects, there may be program managers identified as having management oversight, and program scientists designated as key officials for all science goals. For NASA, the POCs should always be NASA employees. Principal Investigators should also be identified in SAAs if the Intellectual Property Rights – Rights in Raw Data sample clause 2.2.10.2 is used. 2.2.19. DISPUTE RESOLUTION In general, all SAAs should include a dispute resolution clause. The clause outlines the specific procedures to be followed in the event of a dispute. SAAs include language stating that all parties agree to consult promptly with each other on all issues involving interpretation, implementation, or performance of the SAA. Generally, issues are handled at the working level before being elevated to a higher level if the parties cannot achieve resolution. If the parties are unable to reach resolution at this second tier, the NASA official at that level, or one level higher (depending on the complexity and visibility of the SAA activity) should provide to the Partner, in writing, its final Agency decision. This final Agency decision becomes part of an administrative record of the dispute. Note: With rare exception, the NASA Administrator should not be involved in dispute resolution activities. Use of the Administrator as the designated official for making a final Agency decision requires consultation with the Offices of the Administrator and the General Counsel. The Center Agreement Manager should seek guidance from the Office of the Chief Counsel or Office of the Center Director regarding the appropriateness of designating the Center Director the official for making final Agency decisions in disputes. In very limited instances, NASA may agree to an approach that permits possible settlement of disputes through an agreed form of resolution, such as non-binding arbitration or mediation (alternative dispute resolution). However, in such cases, the decision of whether to submit a specific dispute to some form of alternative dispute resolution is made on a case-by-case basis based on mutual agreement at that time (after initiation of the dispute). Agreement to any arbitration clause is highly unusual and requires specific approval by the General Counsel.