Property Rights”). For Reimbursable SAAs, Obligations” also survive “Intellectual “Financial 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.
“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.
NAII_1050-1C_08112014.docx