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Full Text Clauses
14 CFR 1260.32, Nondiscrimination (Apr 2004) (Applicable for all purchase orders/
subcontracts except for those for commercially available supplies, materials, equipment, or
general support services.)
(a) To the extent provided by law and any applicable agency regulations, this award and any
program assisted thereby are subject to the provisions of Title VI of the Civil Rights Act of 1964
(Pub. L. 88?352), Title IX of the Education amendments of 1972 (Pub. L. 92?318, 20 U.S.C.
1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age
Discrimination Act of 1975 (Pub. L. 94?135), the implementing regulations issued pursuant
thereto by NASA, and the assurance of compliance which the recipient has filed with NASA.
(b) The Recipient shall obtain from each organization that applies or serves as a subrecipient,
Contractor or subcontractor under this award (for other than the provision of commercially
available supplies, materials, equipment, or general support services) an assurance of compliance
as required by NASA regulations.
(c) Work on NASA grants is subject to the provisions of Title VI of the Civil Rights Act of 1964
(Pub. L. 88?352; 42 U.S.C. 2000d?1), Title IX of the Education Amendments of 1972 (20 U.S.C.
1680 et seq.), section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), the
Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and the NASA implementing
regulations (14 CFR parts 1250, 1251, 1252, and 1253).
14 CFR 1260.33, Subcontracts (Oct 2000) (Applicable when a purchase order/subcontract
award will be made that falls within the thresholds established at 14 CFR 1260.144(e).
Notification shall be submitted to Lockheed Martin Procurement Representative.)
(a) Recipients shall notify NASA when a subcontract award will be made that falls within the
thresholds established at §1260.144(e). When pre-award review of a subcontract is requested
by the NASA Grant Officer in accordance with §1260.144(e), the following specific
documents will be made available to the NASA Grant Officer. (The Grant Officer can request
additional documents):
(1) A copy of the proposed subcontract.
(2) The basis for subcontractor selection.
(3) Justification for lack of competition when competitive bids or offers are not obtained.
(4) The subcontract budget and basis for subcontract cost or price.
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(b) The Recipient (with the exception of foreign organizations) shall utilize small business
concerns, small disadvantaged business concerns, Historically Black Colleges and Universities,
minority educational institutions, and women-owned small business concerns as subcontractors
to the maximum extent practicable.
14 CFR 1260.34, Clean Air and Water (Oct 2000) (Applicable if your purchase order/
subcontract is $100,000 or more.)
(Applicable only if the award exceeds $100,000, or a facility to be used has been the subject of a
conviction under the Clean Air Act (42 U.S.C. 1857c?8(c)(1) or the Federal Water Pollution
Control Act (33 U.S.C. 1319(c)), and is listed by EPA, or if the award is not otherwise exempt).
The Recipient agrees to the following:
(a) Comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act,
as amended (42 U.S.C. 7401 et seq.) and of the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.).
(b) Ensure that no portion of the work under this award will be performed in a facility listed on
the Environmental Protection Agency (EPA) List of Violating Facilities on the date that this
award was effective unless and until the EPA eliminates the name of such facility or facilities
from such listings.
(c) Use its best efforts to comply with clean air standards and clean water standards at the facility
in which the award is being performed.
(d) Insert the substance of the provisions of this clause into any nonexempt subaward or contract
under the award.
(e) Report violations to NASA or to EPA.
14 CFR 1260.58, Designation of New Technology Representative and Patent Representative
(Oct 2000) (Applicable if your purchase order/subcontract is subject to NFS 1852.227-70 or
FAR 52.227-11.)
(a) For purposes of administration of the special condition of this grant entitled “New
Technology,” the following named representatives are hereby designated by the Grant Officer to
administer such special condition:
Title
New Technology Center Rep.
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Office Code
Address (including ZIP Code)
504
Goddard Space Flight Center
Greenbelt, MD 20771
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Patent Center Rep.
503
Goddard Space Flight Center
Greenbelt, MD 20771
(b) Reports of reportable items, and disclosure of subject inventions, interim reports, final
reports, utilization reports, and other reports required by the special condition, as well as any
correspondence with respect to such matters, should be directed to the New Technology
Representative unless transmitted in response to correspondence or request from the Patent
Representative. Inquires or requests regarding disposition of rights, election of rights, or related
matters should be directed to the Patent Representative. This special condition shall be included
in any subcontract hereunder requiring a “New Technology” provision or “Patent Rights-Retention by the Contractor (Short Form)” clause, unless otherwise authorized or directed by the
Grant Officer. The respective responsibilities and authorities of the above-named representatives
are set forth in 1827.305-370 of the NASA FAR Supplement.
Limited Release of Recipient Confidential Business Information (Applicable for all purchase
orders/subcontracts in which you will be furnishing any confidential business information.)
(a) NASA may find it necessary to release information submitted by the Recipient pursuant to
the provisions of this grant/cooperative agreement to individuals not employed by NASA.
Business information that would ordinarily be entitled to confidential treatment may be included
in the information released to these individuals. Accordingly, by submission of this proposal, or
signature on this grant/cooperative agreement, the Recipient hereby consents to a limited release
of its confidential business information (CBI).
(b) Possible circumstances where the Agency may release the Recipient’s CBI include, but are
not limited to, the following:
(1) To other Agency contractors and subcontractors, and their employees tasked with assisting
the Agency in handling and processing information and documents in the evaluation, the award
or the administration of Agency contracts, such as providing both pre-award and post award
audit support and specialized technical support to NASA?s technical evaluation panels;
(2) To NASA contractors and subcontractors, and their employees engaged in information
systems analysis, development, operation and maintenance, including performing data
processing and management functions for the Agency.
(c) Except where otherwise provided by law, NASA will permit the limited release of CBI under
subparagraphs (1) or (2) only pursuant to non-disclosure agreements signed by the assisting
contractor or subcontractor, and their individual employees who may require access to the CBI to
perform the assisting contract.
(d) NASA’s responsibilities under the Freedom of Information act are not affected by this clause.
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(e) The Recipient agrees to include this provision, including this paragraph (e), in all
subcontracts/sub-awards at all levels awarded pursuant to this grant/cooperative agreement that
require the furnishing of confidential business information by the subcontractor/sub-recipient.
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