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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: January 20, 2000

FROM: Barry McVay, CPCM

SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Implementing Foreign Proposals to Research Announcements on a No-Exchange-of-Funds Basis

SOURCE: Federal Register, January 20, 2000, Vol. 65, No. 13, page 3153

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION:> Final Rule

SYNOPSIS: NASA is finalizing, with changes, the September 7, 1999, interim rule that revised the NFS to conform the handling of foreign proposals under NASA Research Announcements (NRAs) with that under Announcements of Opportunity (AOs).

EFFECTIVE DATE: January 20, 2000.

FOR FURTHER INFORMATION CONTACT: Celeste Dalton, NASA Headquarters, Code HK, Washington, DC 20546, 202-358-1645, e-mail: celeste.dalton@hq.nasa.gov.

SUPPLEMENTAL INFORMATION: NASA uses NRAs and AOs to solicit research proposals from both U.S. and non-U.S. sources. NFS 1835.016-71, NASA Research Announcements, states that "an NRA is used to announce research interests in support of NASA's programs, and, after peer or scientific review using factors in the NRA, select proposals for funding...an NRA provides for the submission of competitive project ideas, conceived by the offerors, in one or more program areas of interest." NFS 1872.102, Key Features of the System, states that "the AO is a form of broad agency announcement (BAA) (see FAR 35.016, and 1835.016 for general BAA requirements). This solicitation does not specify the investigations to be proposed but solicits investigative ideas which contribute to broad objectives."

NASA uses NRAs and AOs to solicit research proposals from both U.S. and non-U.S. sources. Because of NASA's policy to conduct research with foreign entities on a cooperative, no-exchange-of-funds basis, NASA does not normally fund foreign research proposals or foreign research efforts that are part of U.S. research proposals. Instead, cooperative research efforts are normally implemented through international agreements between NASA and the foreign entity. Therefore, foreign proposers, whether as primary proposers or as participants in U.S. research efforts, are expected to arrange for financing for their portion of the research.

On September 7, 1999, NASA issued an interim rule that revised NFS Part 1835, Research and Development Contracting, NFS Part 1872, Acquisition of Investigations, and NFS 1852.235-72, Instructions for Responding to NASA Research Announcements, to implement NASA's policy on NRAs and make it consistent with the policy for AOs in NFS Part 1872 which requires foreign research to be implemented on a no-exchange-of-funds basis. One comment on the interim rule was received, and the comment (on submission requirements), along with editorial and administrative changes, have been incorporated into the final rule.

The primary differences between the interim and final versions of this rule are:

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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