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(41 FR 53652, Dec. 8, 1976, as amended at 43 81209.102 Authority and duties of the FR 52215, Nov. 9, 1978)


(a) The Board, located at NASA COMMITTEES

Headquarters, Washington, D.C., acts for and exercises the full authority of

the Administrator in hearing and deSubpart 1-Board of Contract Appeals

ciding all cases in which, by the terms Sec.

of a contract, the contractor may 1209.100 Scope.

appeal to the Administrator from deci1209.101 Establishment.

sions of the contracting officer. There 1209.102 Authority and duties of the shall be no administrative appeal from Board.

decisions rendered by the Board. 1209.103 Membership.

(b) The Board shall have all custom1209.104 Responsibilities of the chairman. 1209.105 NASA legal representation.

ary powers necessary for the perform

ance of its duties, including, but not Subpart 2–[Reserved)

limited to, the authority to issue rules

of procedure, to conduct hearings, disSubpart 3—Contract Adjustment Board miss appeals or other proceedings, call

witnesses, order the production of doc1209.300 Scope. 1209.301 Authority.

uments or other evidence, take official 1209.302 Establishment of Board.

notice of facts within general knowl1209.303 Functions of Board.

edge, and decide all questions of fact 1209.304 Membership.

or law raised by the appeal. 1209.305 Legal advice and assistance.

(c) The member or members of the

Board assigned to hear an appeal shall Subpart 4-Inventions and Contributions Board

have the authority to conduct pre1209.400 Scope.

hearing conferences, hold hearings, 1209.401 Establishment.

examine witnesses, receive evidence 1209.402 Responsibilities.

and argument, and report the evidence 1209.403 Organizational location.

and argument to a designated panel of 1209.404 Membership.

the Board. A single member of a panel 1209.405 Supporting services.

may be assigned to hear and decide AUTHORITY: Sec. 203, 72 Stat. 429, 42 motions which are not dispositive of U.S.C. 2473, except as otherwise noted. the appeal.

(d) An appeal shall be adjudicated Subpart 1-Board of Contract by a panel of two or more members, Appeals

which may include ad hoc members. If

a panel of two members is unable to SOURCE: 39 FR 14503, Apr. 94, 1974, unless agree upon a decision, the Chairman otherwise noted.

may assign a third member to consider

the appeal. $ 1209.100 Scope.

This subpart establishes the NASA $ 1209.103 Membership. Board of Contract Appeals as a full (a) The Board shall consist of three time Board and prescribes its authori. members appointed by the Administy, duties, and membership.

trator, one of whom shall be designat

ed as Chairman. Members may per8 1209.101 Establishment.

form other quasijudicial duties as asThe NASA Board of Contract Ap signed by the Administrator. The peals was established by NASA Man Board is responsible directly to the agement Manual Instruction 2-4-1, Administrator. June 25, 1959, and was subsequently (b) Members of the Board are continued in effect by NASA Manage- hereby designated Administrative ment Instruction 1152.1A, April 1, Judges. 1968, and NASA Management Instruc (c) Members must be qualified attortion 1152.1B, October 28, 1970. The neys who have been admitted to pracBoard is continued in effect by this tice before the highest court of any subpart.

state or the District of Columbia and

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who have significant experience in consider and dispose of requests for Government procurement law.

extraordinary contractual adjustments (d) Additional members, meeting the by contractors of the National Aerorequirements of paragraph (c) of this nautics and Space Administration section, but not currently serving as (hereinafter referred to as NASA). attorneys for NASA, may be designated by the Administrator to serve on 8 1209.301 Authority. the Board on an ad hoc basis for the (a) The Act of August 28, 1958 (50 adjudication of particular appeals.

U.S.C. 1431-35), (hereinafter referred (e) No member of the Board shall to as “the Act”) empowers the Presiconsider an appeal if he has partici dent to authorize departments and pated in any aspect of the award or agencies exercising functions in conadministration of a contract in dis- nection with the national defense to pute.

enter into contracts or into amend

ments or modifications of contracts § 1209.104 Responsibilities of the chair.

and to make advance payments, withman.

out regard to other provisions of law The Chairman of the Board of Con relating to the making, performance, tract Appeals shall be responsible for: amendment, or modification of con

(a) The administration of the Board; tracts, whenever the President deems

(b) The assignment of a member or that such action would facilitate the members of the Board to act for the national defense. Board in each appeal and the assign- (b) Executive Order No. 10789, dated ment of the panel of Board members November 14, 1958 (23 FR 8897), auto decide each appeal;

thorizes the Administrator, NASA, to (c) The receipt and custody of all exercise the authority conferred by papers and material relating to con the Act and to prescribe regulations tract appeals;

for the carrying out of such authority. (d) The designation of an acting (c) NASA Procurement Regulation, Chairman during his absence, disquali Part 17 (41 CFR Chapter 18), estabfication, or disability, who is empow. lishes standards and procedures for ered to exercise the powers of the the disposition of requests for extraorChairman;

dinary contractual adjustments by (e) The submission of a report, not NASA contractors. less often than annually, to the Administrator on the status of the

8 1209.302 Establishment of Board. Board's activities.

The Board was established on May

15, 1961, was continued in effect by § 1209.105 NASA legal representation. NASA Management Issuances (NMI)

The NASA General Counsel shall 1152.5, dated October 25, 1963, NMI designate counsel to represent the in 1152.5A, dated October 8, 1971, and terests of the Government in proceed NMI 1152.5B, dated February 20, 1976, ings before the Board.

and is further continued in effect by

this regulation. Subpart 2—[Reserved)

g 1209.303 Function of Board. Subpart 3—Contract Adjustment

(a) The Board is authorized to act

for an exercise the authority of the Board

Administrator in cases involving re

quest by NASA contractors for exSOURCE: 43 FR 50674, Oct. 31, 1978, unless traordinary contractual adjustments otherwise noted.

under the Act. Such authority will be AUTHORITY: Pub. L. 85-804 and 42 U.S.C. exercised in accordance with the 2473(C)(1).

standards and procedures established

by the Administrator, subject to such § 1209.300 Scope.

limitations as the Administrator may This subpart continues in effect the prescribe. Contract Adjustment Board (herein- (b) The Board shall have the power after referred to as “the Board”) to to approve, authorize or direct any

action, including the modification or ceive and evaluate petitions for waiver release of any obligations, and to make of rights of the United States to invenall determinations and findings, which tions, accord each interested party an are necessary or appropriate for the opportunity for a hearing, and transconduct of its functions, and may mit to the Administrator its findings adopt such rules of procedure as it

of fact as to such petitions and its recconsiders desirable.

ommendations for action to be taken (c) The concurring vote of a major

with respect thereto. ity of the total Board membership

(b) Patent licenses. Under the aushan constitute an action of the

thority of 42 U.S.C. 2457(g) and pursuBoard. Decisions of the Board shall be

ant to 14 CFR Subpart 1245.2 (NASA final but the Board may reconsider

Management Instruction 5109.3), the and modify, correct or reverse any

Board will evaluate all applications for Board decision previously made.

licenses under NASA-owned patents [43 FR 50674, Oct. 31, 1978; 44 FR. 69935, and patent applications that are forDec. 5, 1979)

warded to it by the Assistant Gencral

Counsel for Patent Matters, and shall $ 1209.304 Membership.

recommend to the Administrator: (1) Tlie Board will consist of a chairper Whether a nonexclusive or exclusive son and four other members, all of license should be granted; (2) the idenwhom shall be appointed by the Ad tity of the licensee; and (3) any special ministrator.

terms or conditions of the license. The

Board will also accord a licensee an op$ 1209.305 Legal advice and assistance.

portunity for a hearing with respect to The General Counsel of NASA shall

the revocation of its license in reprovide the Board with all necessary

sponse to an appeal submitted for that legal advice and assistance.

purpose, and will be responsible for

making findings of fact and recomSubpart 4-Inventions and

mendations and forwarding them to Contributions Board

the Administrator for his decision.

(c) Monetary awards for scientific AUTHORITY: 42 U.S.C. 2457(f) and 2458.

and technical contributions. (1) Under SOURCE: 43 FR 29105, July 6, 1978, unless

the authority of 42 U.S.C. 2458 and otherwise noted.

pursuant to 14 CFR Part 1240 (NASA

Management Instructions 5700.1 and $ 1209.400 Scope.

5700.3), the Board will receive and This subpart describes the functions,

evaluate each application for award authority, and membership of the

for any scientific or technical contriNASA Inventions and rontributions

bution to the Administration which Board (hereafter referred to as “the has significant value in the conduct of Board”).

aeronautical and space activities, will

accord each applicant an opportunity $ 1209.401 Establishment.

for a hearing upon such application, Pursuant to the authority of the Na

and will then transmit to the Administional Aeronautics and Space Act of trator its recommendation as to the 1958 as amended (42 U.S.C. 2457(f),

amount of the monetary award and 2458) and the Government Employees terms of the award, if any, to be made Incentive Awards Act of 1954 (5 U.S.C. to an applicant for such contribution. 4501-6), the Board was established on (2) If the contribution is made by a December 4, 1958, and is further con Government employee, the Board is tinued in effect by this Subpart 1209.4. also authorized to consider such con

tribution for award under the incen§ 1209.402 Responsibilities.

tive awards program and to make an (a) Waiver of rights in inventions. award, if any, on its own cognizance, Under the authority of 42 U.S.C. up to the amount of $5,000 in accord2457(f) and pursuant to 14 CFR Sub- ance with NASA supplements to cl part 1245.1 (NASA Management In- ter 451 of the Federal Personnel struction 5109.2), the Board will re- Manual covering this subject.

$ 1209.403 Organizational location.

(1) Prepare analyses of petitions for The Board is established within the

waiver of rights to inventions for the

consideration of the Board; Office of Management Operations.

(2) Prepare evaluation of proposed

awards; $ 1209.404 Membership.

(3) Provide assistance to the Assist(a) The Board will consist of a full- ant General Counsel for Patent Mattime chairperson and no less than six ters in the review and processing of members appointed by the Adminis applications for patent license for contrator from within NASA. One of the sideration by the Board; members will be designated by the Ad (4) Document Board actions; and ministrator as vice chairperson. The (5) Perform such other functions as chairperson is responsible directly to may be required. the Administrator.

(b) A full-time director of the staff (b) The chairperson of the Board is will serve as a nonvoting secretary of appointed for an unlimited period. All the Inventions and Contributions other Board members will be appoint Board, and will direct the activities of ed initially for a period of 3 years. the staff of the Iraventions and ContriNormally, membership will rotate and butions Board. one-third of the membership will be (c) The director of the staff of the replaced by new members each year. Inventions and Contributions Board However, the chairperson is author- will report to the chairperson of the ized to extend the initial appointment Board. of any Board member for an additional period of service. If a member re

PART 1210—DEVELOPMENT WORK signs or is otherwise unable to partici

FOR INDUSTRY IN NASA WIND pate in the Board's activities, a re

TUNNELS placement may be appointed for the remainder of the uncompleted term

Sec. and, with the approval of the chair

1210.1 Introduction. person, may be appointed for a full 3

1210.2 General classes of work. year term upon the expiration of the 1210.3 Priorities and schedules. original term. This procedure will gen 1210.4 Company projects. erally result in a complete change in 1210.5 Government projects. membership at the end of each 3-year 1210.6 Test preparation and conduct. period, and will provide the Board

AUTHORITY: 50 U.S.C. 511-515, 42 U.S.C. with a continual infusion of new mem 2473(c) (5) and (6). bers with a variety of professional SOURCE: 43 FR 45823, Oct. 4, 1978, unless backgrounds and interests. Duties per otherwise noted. formed by the Board members will be in addition to the regular duties of the $ 1210.1 Introduction. individuals appointed to the Board.

(a) Authority. The regulations, as (c) The chairperson is authorized to: they apply to the Unitary Wind

(1) Establish and reestablish such Tunnel Plan facilities, are promulgatpanels as may be considered necessary ed under authority of the Unitary to discharge the responsibilities and Wind Tunnel Plan Act of 1949, Pub. L. perform the functions of the Board, 85-568, and codified in 50 U.S.C 511and to

515. This statute states that “The (2) Issue implementing rules and facilities authorized * * * shall be opprocedures, and take such other ac erated and staffed by the National tions as are necessary to perform the Aeronautics and Space Administration Board's functions.

but shall be available primarily to in

dustry for testing experimental $ 1209.405 Supporting services.

models in connection with the devel(a) The Staff of the Inventions and opment of aircraft and missiles. Such Contributions Board is established to tests shall be scheduled and conducted assist the Board in discharging its in accordance with industry's require. functions and responsibilities. The ments, and allocation of laboratory staff will:

time shall be made in accordance with the public interest, with proper em (b) Government projects. Includes phasis upon the requirements of each work for industry on projects which military service and due consideration are either under contract with or supof civilian needs.”

ported by a letter of intent from a (b) Unitary wind tunnel plan facili Government agency. The work must ties. The unitary wind tunnel plan be requested by the Government facilities are the Ames Research agency. No fee will be charged for this Center 11- by 11-foot wind tunnel, 9. type of work. (An exception is the naby 7-foot wind tunnel, and 8- by 7-foot tional transonic facility for which a rewind tunnel; the Langley Research imbursable policy is being developed.) Center 4- by 4-foot high Mach number (c) United States/foreign industry test section and the 4. by 4-foot low consortium projects. This involves U.S. Mach number test section; and the companies, which have formed a conLewis Research Center 10- by 10-foot sortium or any other type of associwind tunnel. These wind tunnels are ation with foreign companies, that operated by NASA for industry, desire tests on aerospace projects of NASA, the Department of Defense, joint or foreign interest. An applicaand nther Government agency proj. tion for work for such a consortium ects.

shall disclose the foreign interest in or (c) National aeronautical facilities. anticipated foreign benefit from tests When completed, the national aero to be conducted and shall first be renautical facilities will be the national viewed by the Director, International transonic facility at Langley Research Affairs Division for consistency with Center and the modified 40- by 80-foot current U.S. foreign policy and for wind tunnel and the new 80- by 120 compatibility with section 102 of the foot test section at Ames Research National Aeronautics and Space Act of Center. The wind tunnels will be oper- 1958, as amended, prior to a final deci. ated by NASA for industry, NASA, the sion being reached on the application. Department of Defense, and other A fee will be charged for these consorGovernment agency projects.

tium projects unless, in the review pro(d) All other wind tunnels. All other cedure above, it is determined that NASA wind tunnels will be used pri Government agency cooperative sponmarily for NASA research. However, sorship warrants à nonfee arrangeall of these wind tunnels may be used ment. for industry work when it is in the (d) Foreign company projects. Forpublic interest either in joint pro eign company requests for wind tunnel grams with NASA or on a fee basis. use that are not related to U.S. Gov

(e) NASA policy. All the projects to ernment or U.S. industry interests or be performed in any of the NASA programs will generally not be granted wind tunnels must be af propriate to and will in no event be granted prior the facility.

to a review, as required in paragraph

(c) of this section, by the Director, In§ 1210.2 General classes of work.

ternational Affairs Division. Work for industry in the NASA facilities shall be divided into four

§ 1210.3 Priorities and schedules. project categories:

(a) Priorities. Unitary wind tunnels (a) Company projects. Includes work shall be available primarily to industry for industry on:

for development work. However, allo(1) Projects which are neither under cations of wind tunnel time shall be in contract nor supported by a letter of accordance with the public interests, intent from a Government agency, and with proper emphasis upon the re

(2) Company desired tests which are quirements of the military services related to a project which is either and due consideration of civilian under contract with or supported by a needs. Research work shall have priorletter of intent from a Government ity in all other NASA facilities. Prioragency, but are beyond the scope of ity conflicts may be referred to the Asthe tests requested by the Govern sociate Administrator for Aeronautics ment agency. A fee will be charged for and Space Technology for review and these company projects.

final determination.

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