Space Act Agreements
Reimbursable Agreements
Reimbursable SAAs are agreements where NASA’s costs associated with the undertaking are reimbursed by the Partner. A Reimbursable SAA permits the Partner to use NASA goods, services, facilities, or equipment to advance the Partner’s own interests. (Other Transaction Authority Agreement (51 U.S.C. § 20113(e))
When to use: Use when NASA's unique goods, services, facilities, or equipment can be made available to another party in a manner that is consistent and does not interfere with NASA’s mission requirements.
*EPR Required
Nonreimbursable Agreements
Non-reimbursable SAAs involve NASA and a Partner in a mutually beneficial activity that furthers NASA’s mission, where each party bears the cost of its participation, and there is no exchange of funds between the parties. (Other Transaction Authority Agreement (51 U.S.C. § 20113(e))
When to use: It is appropriate to use a Non-reimbursable SAA where NASA and its Partner(s) are performing activities collaboratively for which each is particularly suited and for which the end results are of interest to both parties.
*ECR Required
Interagency Agreements
Interagency Agreements (IAAs) are Nonreimbursable or Reimbursable Agreements in which the Partner is another Federal Agency or department. NASA and the other Federal Agency are each required to determine the scope of their own authority to enter the IAA. For more information, visit How to Complete an IAA or contact a member of the Agreements Team. (Economy Act Agreement (31 U.S.C. § 1535) Reimbursable, Other Transaction Authority Agreement (51 U.S.C. § 20113(e)), Nonreimbursable)
When to use: Use when it is beneficial for Federal Agencies to obtain goods or services by interagency acquisition or obtain services by civil servants.
Umbrella Agreements
The Umbrella Agreement provides a mechanism for NASA and a Partner to agree to a series of related or phased activities using a single governing instrument that contains all common terms and conditions, and establishes the legal framework for the accompanying Annexes. Individual tasks are implemented through Annexes adopting the terms and conditions of the Umbrella Agreement and adding specific details for each task.
When to Use: May be used when the parties decide to proceed with an initial task and add additional related tasks in subsequent Annexes as the activity progresses. It may also be appropriate when a decision about whether to proceed with later-planned partnership activities depends on the results of earlier activities.
*EPR Required for Annexes NOT Umbrella agreements
Funded Agreements
A funded SAA permits NASA to transfer appropriated funds to a domestic Partner to fulfill one or more of the Agency’s authorized statutory objectives under the Space Act.
When to use: Funded SAAs can only be used when the Agency objective cannot be accomplished through the use of a procurement contract, grant, or cooperative agreement as determined by the Office of General Counsel.
*EPR Not Required
International Agreements
Nonreimbursable Agreements or Reimbursable Agreements wherein the Agreement Partner is a foreign entity.
When to use: Use when the Partner is a legal entity that is not established under a state or Federal law of the United States, including a commercial, noncommercial, or governmental entity of a foreign sovereign or a foreign person
Equipment Loan Agreements/NASA Form 893
A mechanism for NASA to lend equipment to a partner in support of a partnership activity. The partner's obligation to NASA must be spelled out in a governing agreement document.
When to use: Use when government equipment (as defined in NPR 4200.1) is loaned to a Partner in support of a SAA.
For agreements that require an Estimate Price Report (EPR), it is essential to collaborate with your division's Resource Analyst (RA). If you are unsure about who your resource analyst is the OCFO Analyst Crosswalk will point you in the right direction. Additionally, there is an EPR page available that you can consult to enhance your collaboration with your RA.
Other Forms of Partnership Agreements
Real Estate Out-Grants
Real estate agreements granting the temporary use of NASA real property to another party. These agreements can be made using one of several available authorities, including: Enhanced Use Lease Agreement, Commercial Space Launch Agreement, Lease, Use Permit, or Facilities Use Agreement.
When to use: Use only for Agency assets that have been determined to be less than fully utilized by the Agency for activities in support of meeting mission requirements. This will be including EULs.
Government Task Agreements
Contractor use of property, facilities, assets, services, or other specialized resources available on-site (“on-site resources”) from a NASA facility. (31 U.S.C. 529)
When to use: Use when the contract has existing mechanisms by which contractors can use NASA personnel and NASA facilities to assist the contractor in completing contract requirements. In other words when the contract contains important terms and conditions that govern the contractors’ use of NASA resources.
A vehicle that allows recipients access and grants rights to technical data.
When to use: Use when deemed feasible for NASA to have grant-back rights for unlimited, non-exclusive, royalty free use of the technical data with minor modifications.
Enhanced Use Lease
An out-grant with a public or private entity for the use of NASA-owned underutilized real property that allows NASA to retain and use the proceeds from the agreement in certain ways. The consideration paid by the public or private entity shall be at fair market value.
When to use: Use when an Agreement involves granting the temporary use of NASA Real Property to another party.
NASA provides access to goods, services, facilities, or equipment on a no-exchange-of-funds basis to a domestic partner to accomplish an Agency objective where there is no direct benefit to NASA. (Other Transaction Authority Agreement (51 U.S.C. § 20113(e))
When to use: Use when there is full and open competition.
Other Forms of Specialized Activity Agreements/ Partnership Agreements
Specialized Activity Agreements
Reserved
Reimbursable Travel: allows for reimbursement to NASA for travel and lodging costs incurred by NASA employees who are supporting the operations of an outside Partner or when the event is not a "meeting or similar function."
Software Usage Agreements (SUA): Agreements used to authorize the release and use of software created by or for NASA.
Partnership Agreements
Cooperative Research and Development Agreements
Commercial Space Launch Agreements
MOUs
For a more in concise view into the types of agreements, click here or visit the NAII 1050-1D, Space Act Agreements Guide (Updated September 29, 2017) and the NAII 1050-3B, NASA Partnerships Guide (Updated September 26, 2019).
For additional questions, contact a member of our team!
Want resources to share with partners on mechanisms for partnering? See our Agreement Types below!