quest either reconsideration or an oral hearing.

(c) If the applicant requests a hearing within the time set, the Board will set a place and date for such hearing and notify the applicant.

§ 1240.104 Hearing procedure.

Hearings held by the Board shall be in accordance with the following procedures:

(a) The applicant may be represented by attorneys or any other appropriately designated persons.

(b) Hearings will be open to the public unless the applicant requests that a closed hearing be held.

or

(c) Hearings may be held before the full membership of the Board before any panel of Board members designated by the Chairman.

(d) Hearings shall be conducted in an informal manner with the objective of providing the applicant with a full opportunity to present evidence and arguments in support of the application. Evidence may be presented through means of such witnesses, exhibits, and visual aids as are arranged for by the applicant. While proceedings will be ex parte, members of the Board, and its counsel may address questions to witnesses called by the applicant, and the Board may, at its option, utilize the assistance of technical advisors or other experts.

(e) Subject to the provisions of § 1240.102(c)(2), the applicant will submit a copy of any exhibit or visual aid utilized unless other ise directed by the Board. The Board may, at its discretion, arrange for a written transcript of the proceedings and a copy of such transcript will be made available by the recorder for purchase by the applicant.

(f) No funds are available to defray traveling expenses or any other cost to the applicant.

§ 1240.105 Recommendation to the Administrator.

Upon a determination by the Board that a contribution merits an award, the Board will recommend to the Administrator the terms and conditions of the award proposed. The recommendations of the Board to the Administrator will reflect the views of

the majority of the Board members. Dissenting views may be transmitted with the majority opinion.

§ 1240.106 Release.

Under section 306(b)(1) of the National Aeronautics and Space Act of 1958, no award will be made to an applicant unless he submits a duly executed release, in a form specified by the Administrator, of all claims he may have to receive any compensation (other than the award recommended) from the U.S. Government for use of his contribution or any element thereof by or on behalf of the United States or any foreign government pursuant to any existing or future treaty or agreement with the United States.

Subpart 2-Awards for Reported Scientific and Technical Contributions-NASA and Contractor Employees

AUTHORITY: Sec. 306 of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2458).

SOURCE: 43 FR 7309, Feb. 22, 1978, unless otherwise noted.

§ 1240.200 Scope.

This Subpart 2 outlines the present policy and revises the procedures for granting monetary awards to NASA and NASA contractor employees for scientific and technical contributions which are reported to NASA and are determined to have significant value in the conduct of aeronautical and space activities.

§ 1240.201 Applicability.

This Subpart 2 relates to any scientific or technical contribution which is a significant development that (a) advances the state of knowledge in space or aeronautical activities, or (b) is the subject of a United States patent application that has been authorized for filing, or (c) is the subject of a NASA tech brief that has been approved for publication; and to the actions to be taken to grant monetary awards for each of these contributions.

§ 1240.202 Policy.

Monetary awards are authorized and shall be made to employees of NASA and NASA contractors for a scientific or technical contribution, whether patentable or not, upon determination that the contribution is of significant value in the conduct of aeronautical and space activities.

§ 1240.203 General procedures.

(a) A NASA Headquarters office, a NASA field installation or a NASA contractor may submit to the Inventions and Contributions Board (hereafter referred to as "the Board") an application for an award to the originator or originators of any scientific or technical contribution conceived or developed during the performance of a NASA program or contract, and considered to be of value in advancing the state of knowledge in space or aeronautical activities, whether or not it is the subject of a NASA tech brief or of a U.S. patent application. The Board will recommend such a contribution for award when, upon evaluation of its scientific and technical merits, it is determined to warrant a minimum award of at least $100. Following determination of the specific amount of an award by the Board, its recommendation in that amount shall be submitted to the Administrator or his designee for approval. If two or more persons are responsible for the contribution, the Board will specify the amount to be awarded to each individual.

(b) When the Board re eives written notice (NASA Form 1548) that the Assistant General Counsel for Patent Matters or the cognizant Patent Counsel at a NASA field installation has authorized the filing of a patent application for an invention made and reported by an employee of NASA or a NASA contractor, the Board shall recommend to the Administrator or his designee that an initial award of at least $100 be granted, and an award in at least that amount shall normally be granted to each inventor. If, upon subsequent evaluation, the significance of such an invention warrants an award greater than this established minimum, or later appreciates due to increased application or to the identification of new applications, the Board

is authorized to recommend a supplemental award in an amount that shall be based on the evaluation or reevaluation of its technical and commercial merits.

(c) When the Board receives written notice (NASA Form 1546) that the Technology Utilization Officer at a NASA field installation has approved for publication a NASA tech brief based on an innovation made and reported by a NASA or NASA contractor employee, it shall recommend to the Administrator or his designee that an initial award of at least $50 be granted, and an award in at least that amount shall be granted to each originator of the innovation.

(d) When a tech brief has been approved for publication and the filing of a patent application has been authorized for the same contribution, the initial awards authorized in paragraphs (b) and (c) above shall be cumulative.

(e) Awards authorized in paragraphs (a), (b), and (c) of this section shall not be granted to a contributor who has previously received full compensation for, or on account of, the use of such a contribution by the United States.

(f) If a contribution, as first reported and evaluated, is judged not to merit either a minimum or a supplemental award as provided for in paragraphs (a), (b), or (c) of this section, but is later proved to be of significant value, it may be submitted for reevaluation. Responsible NASA and NASA contractor officials are encouraged to review periodically such reported contributions, and to resubmit them for reconsideration through the same channels as originally reported.

§ 1240.204 Presentation of awards.

(a) All monetary awards and accompanying acknowledgements to employees of NASA will be presented in a fornial ceremony by the appropriate Official-in-Charge at the Headquarters Office, or by the Director of the cognizant field installation or his designee.

(b) All monetary awards and accompanying written acknowledgements to employees of NASA contractors will be

forwarded to contractor officials for suitable presentation.

§ 1240.205 Financial accounting.

(a) The Award Check Receipt (NHQ DIV Form 622), which accompanies the transmittal of each group of award checks from the Board, will be dated and signed by the responsible Award Liaison Officer/Technology Utilization Officer and returned to the InContributions ventions and Board without delay.

(b) Not later than December 10 of each year, the responsible field installation official shall submit a report certifying that all award checks, which were issued and received by the field installation during the year, have been delivered to the proper NASA and NASA contractor employees. In the case of those checks that have not been delivered by December 10, the certification report will be accompanied by all undelivered checks and a brief explanation of the reasons for the failure to make delivery. This annual certification report is essential in order to assure that income and withholding tax totals for all awardees are correct and complete at the close of each calendar year.

§ 1240.206 Delegation of authority.

(a) The Associate Administrator for Management Operations is delegated authority to execute grants of awards for significant scientific or technical contributions not exceeding $1000 per contribution, when in acordance with the recommendation of the Inventions and Contributions Board and in conformity with applicable law and regulations.

(b) The Chairman of the Inventions and Contributions Board is delegated authority to execute grants of initial awards upon the decision to file for a patent application, and upon the decision to publish a NASA tech brief.

(c) No redelegation is authorized except by virtue of succession.

(d) The Chairman of the Inventions and Contributions Board shall insure that feedback is provided to the Administrator through official channels to keep him fully and currently informed of significant actions, problems, or other matters of substance re

Sec.

DISMISSALS

1241.130 Dismissal without prejudice. 1241.131 Dismissal for failure to prosecute. EX PARTE COMMUNICATIONS

1241.132 Ex parte communications.

SANCTIONS

1241.133 Sanctions.

AUTHORITY: 42 U.S.C. 2473(b)(1).

SOURCE: 42 FR 42679, Aug. 24, 1977, unless otherwise noted.

Subpart 1241.1-General Procedures

§ 1241.10 Scope.

This Subpart 1241.1 prescribed the procedures for the adjudication of appeals before the NASA Board of Contract Appeals (hereinafter referred to as "the Board") arising from NASA contracts.

PREFACE TO THE RULES

§ 1241.11 Authority and jurisdiction of the Board.

(a) The Board, constituted under the provisions of Subpart 1209.1 of this chapter, is authorized to hear, consider and determine appeals from decisions of contracting officers arising under contracts which contain provisions requiring the determination of appeals by the Administrator or his duly authorized representative or board. In addition, the Board may perform other quasi-judicia' duties as assigned by the Administrator. The Board has authority to determine appeals falling within the scope of its jurisdiction as fully and finally as might the Administrator.

(b) Under § 1209.102(b) of this chapter, the Board is granted the authority to issue its rules of procedure.

§ 1241.12 Location and organization of the Board.

(a) The Board is located in Washington, D.C., and its mailing address is The Board of Contract Appeals, National Aeronautics and Space Administration, Washington, D.C. 20546.

(b) The Board consists of a Chairman and two other members, all of whom shall be attorneys at law duly li

censed by any state or the District of Columbia, and who have significant experience in Government procurement law. In general, the appeals are assigned to a panel of at least two members of the Board. If a panel of two members is unable to agree upon a decision, the Chairman may assign a third member to consider the appeal. The Chairman is designated as Chief Administrative Judge and the other Board members are designated as Administrative Judges.

§ 1241.13 Decisions on questions of law.

When an appeal is taken pursuant to a Disputes clause in a contract which limits appeals to disputes concerning questions of fact, the Board may, in its discretion, hear, consider, and decide all questions of law necessary for the complete adjudication of the issue. In the consideration of an appeal should it appear that a claim is involved which is not cognizable under the terms of the contract, the Board may make findings of fact with respect to such a claim without expressing an opinion on the question of liability.

§ 1241.14 Board of Contract Appeals procedure.

(a) Rules. Appeals referred to the Board are handled in accordance with the rules of the Board.

(b) Administration and interpretation of rules. Emphasis is placed upon the sound administration of these rules in specific cases, because it is impracticable to articulate a rule to fit every possible circumstance which may be encountered. These rules will be interpreted so as to secure a just and inexpensive determination of appeals without unnecessary delay.

(c) Preliminary procedures. Preliminary procedures are available to encourage full disclosure of relevant and material facts, and to discourage unwarranted surprise.

(d) Time, computation, and extensions. (1) All time limitations specified for various procedural actions are computed as maximums, and are not to be fully exhausted if the action described can be accomplished in a lesser period. These time limitations are similarly eligible for extension in appro

priate circumstances, on good cause shown.

(2) Except as otherwise provided by law, in computing any period of time prescribed by these rules or by any order of the Board, the day of the event from which the designated period of time begins to run shall not be included, but the last day of the period shall be included unless it is a Saturday, Sunday, or a legal holiday, in which event the period shall run to the end of the next business day.

(3) Requests for extensions of time from either party shall be mde in writing and stating good cause therefor.

PRELIMINARY PROCEDURES

§ 1241.101 Appeals, how taken.

Notice of an appeal must be in writing and the original, together with two copies, may be filed with the contracting officer from whose decision the appeal is taken. The notice of appeal must be mailed or otherwise filed within the time specified therefor in the contract or allowed by applicable provision of directive or law.

§ 1241.102 Notice of appeal, contents of.

A notice of appeal should indicate that an appeal is thereby intended and should identify the contract (by number), and the final decision of the contracting officer from which the appeal is taken. The notice of appeal should be signed personally by the appellant (the contractor making the apppeal), or by an officer of the appellant corporation or member of the appellant firm, or by the contractor's duly authorized representative or attorney. The complaint referred to in § 1241.106 may be filed with the notice of appeal, or the appellant may designate the notice of appeal as a complaint, if it otherwise fulfills the requirements of a complaint.

§ 1241.103 Forwarding of appeals.

When a notice of appeal in any form has been received by the contracting officer, he shall endorse thereon the date of mailing (or date of receipt, if otherwise conveyed) and within 10 days shall forward said notice of appeal to the Board. Following receipt by the Board of the original notice of

an appeal (whether through the contracting officer or otherwise), the contractor and contracting officer will be promptly advised of its receipt and the contractor will be furnished a copy of these rules.

§ 1241.104 Preparation, contents, organization, forwarding and status of appeal file.

(a) Duties of Contracting Officer. Within 30 days of receipt of an appeal, or advice that an appeal has been filed, the contracting officer shall assemble and transmit to the Board an appeal file consisting of all documents pertinent to the appeal, including:

(1) The decision and findings of fact from which appeal is taken;

(2) The contract including specifications and pertinent amendments, plans and drawings;

(3) All correspondence between the parties pertinent to the appeal, including the letter or letters of claim in response to which decision was issued;

(4) Transcripts of any testimony taken during the course of proceedings, and affidavits or statements of any witnesses on the matter in dispute made prior to the filing of the notice of appeal with the Board; and

(5) Any additional information considered pertinent.

Within the same time specified above, the contracting officer shall furnish the appellent a copy of each document he transmits to the Board, except those stated in § 1241.104(a)(2), as to which a list furnished appellant indicating specific contractual documents transmitted will suffice, and those stated in § 1241.104(d).

(b) Duties of the appellant. Within 30 days after receipt of a copy of the appeal file assembled by the contracting officer, the appellant shall supplement the same by transmitting to the Board any documents not contained therein which he considers pertinent to the appeal, and furnishing two copies of such documents to the Government trial attorney.

(c) Organization of the appeal file. Documents in the appeal file may be originals or legible fascimile or authenticated copies thereof, and shall be arranged in chronological order where practicable, numbered sequentially,