Historically black colleges and universities (HBCUs), institutions defined by the Minister of Education as meeting the requirements of 34 CFR 608.2. 2. Grants or cooperation agreements awarded to foreign organisations shall be granted only on an exceptional basis. Awards are subject to the prior approval of the headquarters of the Office of International and Intermittent Relations and the headquarters of the Office of General Counsel. Applications for awards to foreign organisations must be coordinated through the Office of the Chief Financial Officer, Policy Division. Under the authority of the Chiles Act, 31 U.S.C. Between 6301 and 6308, NASA decided to transfer ownership of material personal property acquired with federal funds to nonprofit universities and nonprofit organizations whose primary purpose is to conduct scientific research without further obligations to NASA, including reporting obligations. Recipients who are not nonprofit universities or nonprofit organizations whose primary purpose is to conduct scientific research must comply with the rules of 2 CFR 200.312 to 200.316. The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires a public authority to conduct an initial analysis of regulatory flexibility that will be published at the time of publication of the proposed rule. This requirement does not apply if the Agency „certifies that the rule, if announced, will not have a significant economic impact on a significant number of small businesses“ (5 U.S.C 603). This rule is consistent with NASA`s rules on administrative requirements, cost principles and uniform audit requirements applicable to federal government procurement with OMB`s recent amendments to its grant rules and agreements published on 13 August 2020 in point 85 FR 49506, which will enter into force on 12 November 2020 and will not have a significant economic impact on a significant number of small businesses. In December 2014, the Council on financial assistance reform (COFAR – now dissolved) officially implemented uniformed administrative reforms, cost principles, and audit discounts for the Federal Awards of the Office of Management and Budget (OMB).
Uniform guidance – a „government framework for grant management“ – is a set of important rules and requirements for federal procurement, which summarizes and replaces the guidelines of previous OMB circulars.* The reforms that make up uniform guidance aim to reduce the administrative burden on recipients while protecting against the risk of waste and abuse of federal funds. Among other things, the OMB Uniform Guidance clarifies that the payment of royalties or profits is consistent with an activity whose primary purpose is the acquisition of goods and services for the direct benefit or use of the United States Government, and not with an activity whose primary purpose is the financial support of the federal government for the achievement of a public purpose. Therefore, in all cases where a royalty or profit is to be paid to the beneficiary of the instrument or if the instrument is intended to be used to implement a programme where a royalty or profit is necessary to achieve the objectives of the programme, the delegate shall use a purchase contract instead of a grant or cooperation agreement. Grants and cooperation agreements shall not provide for the payment of royalties or profits to the beneficiary. (a) This Part establishes guidelines and procedures for grants and cooperation agreements awarded by NASA to non-governmental organizations, for-profit organizations, foreign organizations, and foreign public bodies, as permitted by 2 CFR 200.101. . .