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§ 1209.102 Authority and duties of the Board.

(a) The Board, located at NASA Headquarters, Washington, D.C., acts for and exercises the full authority of the Administrator in hearing and deciding all cases in which, by the terms of a contract, the contractor may appeal to the Administrator from decisions of the contracting officer. There shall be no administrative appeal from decisions rendered by the Board.

(b) The Board shall have all customary powers necessary for the performance of its duties, including, but not limited to, the authority to issue rules of procedure, to conduct hearings, dismiss appeals or other proceedings, call witnesses, order the production of documents or other evidence, take official notice of facts within general knowledge, and decide all questions of fact or law raised by the appeal.

(c) The member or members of the Board assigned to hear an appeal shall have the authority to conduct prehearing conferences, hold hearings, examine witnesses, receive evidence and argument, and report the evidence and argument to a designated panel of the Board. A single member of a panel may be assigned to hear and decide motions which are not dispositive of the appeal.

(d) An appeal shall be adjudicated by a panel of two or more members, which may include ad hoc members. If a panel of two members is unable to agree upon a decision, the Chairman may assign a third member to consider the appeal.

§ 1209.103 Membership.

(a) The Board shall consist of three members appointed by the Administrator, one of whom shall be designated as Chairman. Members may perform other quasijudicial duties as assigned by the Administrator. The Board is responsible directly to the Administrator.

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who have significant experience in Government procurement law.

(d) Additional members, meeting the requirements of paragraph (c) of this section, but not currently serving as attorneys for NASA, may be designated by the Administrator to serve on the Board on an ad hoc basis for the adjudication of particular appeals.

(e) No member of the Board shall consider an appeal if he has participated in any aspect of the award or administration of a contract in dis

pute.

§ 1209.104 Responsibilities of the chair

man.

The Chairman of the Board of Contract Appeals shall be responsible for: (a) The administration of the Board;

(b) The assignment of a member or members of the Board to act for the Board in each appeal and the assignment of the panel of Board members to decide each appeal;

(c) The receipt and custody of all papers and material relating to contract appeals;

(d) The designation of an acting Chairman during his absence, disqualification, or disability, who is empowered to exercise the powers of the Chairman;

(e) The submission of a report, not less often than annually, to the Administrator on the status of the Board's activities.

§ 1209.105 NASA legal representation.

The NASA General Counsel shall designate counsel to represent the interests of the Government in proceedings before the Board.

Subpart 2-[Reserved]

Subpart 3-Contract Adjustment Board

SOURCE: 43 FR 50674, Oct. 31, 1978, unless otherwise noted.

AUTHORITY: Pub. L. 85-804 and 42 U.S.C. 2473(c)(1).

§ 1209.300 Scope.

This subpart continues in effect the Contract Adjustment Board (hereinafter referred to as "the Board") to

consider and dispose of requests for extraordinary contractual adjustments by contractors of the National Aeronautics and Space Administration (hereinafter referred to as NASA).

§ 1209.301 Authority.

(a) The Act of August 28, 1958 (50 U.S.C. 1431-35), (hereinafter referred to as "the Act") empowers the President to authorize departments and agencies exercising functions in connection with the national defense to enter into contracts or into amendments or modifications of contracts and to make advance payments, without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts, whenever the President deems that such action would facilitate the national defense.

(b) Executive Order No. 10789, dated November 14, 1958 (23 FR 8897), authorizes the Administrator, NASA, to exercise the authority conferred by the Act and to prescribe regulations for the carrying out of such authority.

(c) NASA Procurement Regulation, Part 17 (41 CFR Chapter 18), establishes standards and procedures for the disposition of requests for extraordinary contractual adjustments by NASA contractors.

§ 1209.302 Establishment of Board.

The Board was established on May 15, 1961, was continued in effect by NASA Management Issuances (NMI) 1152.5, dated October 25, 1963, NMI 1152.5A, dated October 8, 1971, and NMI 1152.5B, dated February 20, 1976, and is further continued in effect by this regulation.

§ 1209.303 Function of Board.

(a) The Board is authorized to act for an exercise the authority of the Administrator in cases involving request by NASA contractors for extraordinary contractual adjustments under the Act. Such authority will be exercised in accordance with the standards and procedures established by the Administrator, subject to such limitations as the Administrator may prescribe.

(b) The Board shall have the power to approve, authorize or direct any

action, including the modification or release of any obligations, and to make all determinations and findings, which are necessary or appropriate for the conduct of its functions, and may adopt such rules of procedure as it considers desirable.

(c) The concurring vote of a majority of the total Board membership shall constitute an action of the Board. Decisions of the Board shall be final but the Board may reconsider and modify, correct or reverse any Board decision previously made.

[43 FR 50674, Oct. 31, 1978; 44 FR 69935, Dec. 5, 1979]

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Pursuant to the authority of the National Aeronautics and Space Act of 1958 as amended (42 U.S.C. 2457(f), 2458) and the Government Employees Incentive Awards Act of 1954 (5 U.S.C. 4501-6), the Board was established on December 4, 1958, and is further continued in effect by this Subpart 1209.4.

§ 1209.402 Responsibilities.

(a) Waiver of rights in inventions. Under the authority of 42 U.S.C. 2457(f) and pursuant to 14 CFR Subpart 1245.1 (NASA Management Instruction 5109.2), the Board will re

ceive and evaluate petitions for waiver of rights of the United States to inventions, accord each interested party an opportunity for a hearing, and transmit to the Administrator its findings of fact as to such petitions and its recommendations for action to be taken with respect thereto.

(b) Patent licenses. Under the authority of 42 U.S.C. 2457(g) and pursuant to 14 CFR Subpart 1245.2 (NASA Management Instruction 5109.3), the Board will evaluate all applications for licenses under NASA-owned patents and patent applications that are forwarded to it by the Assistant General Counsel for Patent Matters, and shall recommend to the Administrator: (1) Whether a nonexclusive or exclusive license should be granted; (2) the identity of the licensee; and (3) any special terms or conditions of the license. The Board will also accord a licensee an opportunity for a hearing with respect to the revocation of its license in response to an appeal submitted for that purpose, and will be responsible for making findings of fact and recommendations and forwarding them to the Administrator for his decision.

(c) Monetary awards for scientific and technical contributions. (1) Under the authority of 42 U.S.C. 2458 and pursuant to 14 CFR Part 1240 (NASA Management Instructions 5700.1 and 5700.3), the Board will receive and evaluate each application for award for any scientific or technical contribution to the Administration which has significant value in the conduct of aeronautical and space activities, will accord each applicant an opportunity for a hearing upon such application, and will then transmit to the Administrator its recommendation as to the amount of the monetary award and terms of the award, if any, to be made to an applicant for such contribution.

(2) If the contribution is made by a Government employee, the Board is also authorized to consider such contribution for award under the incentive awards program and to make an award, if any, on its own cognizance, up to the amount of $5,000 in accordance with NASA supplements to chapter 451 of the Federal Personnel Manual covering this subject.

§ 1209.403 Organizational location.

The Board is established within the Office of Management Operations.

§ 1209.404 Membership.

(a) The Board will consist of a fulltime chairperson and no less than six members appointed by the Administrator from within NASA. One of the members will be designated by the Administrator as vice chairperson. The chairperson is responsible directly to the Administrator.

(b) The chairperson of the Board is appointed for an unlimited period. All other Board members will be appointed initially for a period of 3 years. Normally, membership will rotate and one-third of the membership will be replaced by new members each year. However, the chairperson is authorized to extend the initial appointment of any Board member for an additional period of service. If a member resigns or is otherwise unable to participate in the Board's activities, a replacement may be appointed for the remainder of the uncompleted term and, with the approval of the chairperson, may be appointed for a full 3year term upon the expiration of the original term. This procedure will generally result in a complete change in membership at the end of each 3-year period, and will provide the Board with a continual infusion of new members with a variety of professional backgrounds and interests. Duties performed by the Board members will be in addition to the regular duties of the individuals appointed to the Board.

(c) The chairperson is authorized to: (1) Establish and reestablish such panels as may be considered necessary to discharge the responsibilities and perform the functions of the Board, and to

(2) Issue implementing rules and procedures, and take such other actions as are necessary to perform the Board's functions.

§ 1209.405 Supporting services.

(a) The Staff of the Inventions and Contributions Board is established to assist the Board in discharging its functions and responsibilities. The staff will:

(1) Prepare analyses of petitions for waiver of rights to inventions for the consideration of the Board;

(2) Prepare evaluation of proposed awards;

(3) Provide assistance to the Assistant General Counsel for Patent Matters in the review and processing of applications for patent license for consideration by the Board;

(4) Document Board actions; and (5) Perform such other functions as may be required.

(b) A full-time director of the staff will serve as a nonvoting secretary of the Inventions and Contributions Board, and will direct the activities of the staff of the Inventions and Contributions Board.

(c) The director of the staff of the Inventions and Contributions Board will report to the chairperson of the Board.

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§ 1210.1 Introduction.

(a) Authority. The regulations, as they apply to the Unitary Wind Tunnel Plan facilities, are promulgated under authority of the Unitary Wind Tunnel Plan Act of 1949, Pub. L. 85-568, and codified in 50 U.S.C 511515. This statute states that "The facilities authorized * shall be operated and staffed by the National Aeronautics and Space Administration but shall be available primarily to industry for testing experimental models in connection with the development of aircraft and missiles. Such tests shall be scheduled and conducted in accordance with industry's requirements, and allocation of laboratory time shall be made in accordance with

the public interest, with proper emphasis upon the requirements of each military service and due consideration of civilian needs."

(b) Unitary wind tunnel plan facilities. The unitary wind tunnel plan facilities are the Ames Research Center 11- by 11-foot wind tunnel, 9by 7-foot wind tunnel, and 8- by 7-foot wind tunnel; the Langley Research Center 4- by 4-foot high Mach number test section and the 4- by 4-foot low Mach number test section; and the Lewis Research Center 10- by 10-foot wind tunnel. These wind tunnels are operated by NASA for industry, NASA, the Department of Defense, and other Government agency projects.

(c) National aeronautical facilities. When completed, the national aeronautical facilities will be the national transonic facility at Langley Research Center and the modified 40- by 80-foot wind tunnel and the new 80- by 120foot test section at Ames Research Center. The wind tunnels will be operated by NASA for industry, NASA, the Department of Defense, and other Government agency projects.

(d) All other wind tunnels. All other NASA wind tunnels will be used primarily for NASA research. However, all of these wind tunnels may be used for industry work when it is in the public interest either in joint programs with NASA or on a fee basis.

(e) NASA policy. All the projects to be performed in any of the NASA wind tunnels must be appropriate to the facility.

§ 1210.2 General classes of work.

Work for industry in the NASA facilities shall be divided into four project categories:

(a) Company projects. Includes work for industry on:

(1) Projects which are neither under contract nor supported by a letter of intent from a Government agency, and

(2) Company desired tests which are related to a project which is either under contract with or supported by a letter of intent from a Government agency, but are beyond the scope of the tests requested by the Government agency. A fee will be charged for these company projects.

(b) Government projects. Includes work for industry on projects which are either under contract with or supported by a letter of intent from a Government agency. The work must be requested by the Government agency. No fee will be charged for this type of work. (An exception is the national transonic facility for which a reimbursable policy is being developed.) (c) United States/foreign industry consortium projects. This involves U.S. companies, which have formed a consortium or any other type of association with foreign companies, that desire tests on aerospace projects of joint or foreign interest. An application for work for such a consortium shall disclose the foreign interest in or anticipated foreign benefit from tests to be conducted and shall first be reviewed by the Director, International Affairs Division for consistency with current U.S. foreign policy and for compatibility with section 102 of the National Aeronautics and Space Act of 1958, as amended, prior to a final decision being reached on the application. A fee will be charged for these consortium projects unless, in the review procedure above, it is determined that Government agency cooperative sponsorship warrants a nonfee arrangement.

(d) Foreign company projects. Foreign company requests for wind tunnel use that are not related to U.S. Government or U.S. industry interests or programs will generally not be granted and will in no event be granted prior to a review, as required in paragraph (c) of this section, by the Director, International Affairs Division.

§ 1210.3 Priorities and schedules.

(a) Priorities. Unitary wind tunnels shall be available primarily to industry for development work. However, allocations of wind tunnel time shall be in accordance with the public interests, with proper emphasis upon the requirements of the military services and due consideration of civilian needs. Research work shall have priority in all other NASA facilities. Priority conflicts may be referred to the Associate Administrator for Aeronautics and Space Technology for review and final determination.

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