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Chief Counsel of the NASA installation receiving the same shall furnish to the United States attorney for the district embracing the place where the action or proceeding is brought and the Chief of the Torts Section, Civil Division, Department of Justice, the following:

(1) Copies of all such process and pleadings in the action or proceeding, promptly upon receipt thereof; and

(2) A report containing a statement of the circumstances of the incident giving rise to the action, and all data bearing upon the question of whether the employee was acting within the scope of his office or employment with NASA at the time of the incident, at the earliest possible date, or within such time as shall be fixed by the United States Attorney upon request. In addition, the Chief Counsels shall submit copies of all such process, pleadings, reports and other documents submitted by them to the United States Attorney to the General Counsel, NASA Headquarters, who is hereby designated to receive all such documents on behalf of the Administrator, NASA.

§ 1204.303 Other claims-Claims against the United States or the National Aeronautics and Space Administration. Under the authority of 28 U.S.C. 2671-2680 and 42 U.S.C. 2473(b)(13), the National Aeronautics and Space Administration has authority, within specified limits, to settle claims for bodily injury, death and property damage, arising out of the activities of the National Aeronautics and Space Administration. Claims shall be submitted in accordance with the provisions of this subpart.

§ 1204.304 Claimant.

(a) If the property was insured and the insurer has a right of subrogation, in whole or in part, and if both the owner and the insurer desire to file a claim for their respective losses, they should join in one claim.

(b) Claims for bodily injury may be filed by the injured person or his agent or attorney.

(c) Claims for death may be filed by the personal representative of the decedant or by the administrator, execu

tor, or guardian. When filed by an agent or attorney, the claim must show the title or capacity of the person representing the claimant and be accompanied with evidence of the appointment of such person as agent, legal representative, executor, administrator, guardian, or other fiduciary.

§ 1204.305 Form of claim.

Claims should be prepared on (Standard Form 95) Claim for Damage or Injury. Copies of this form are available on request at NASA Headquarters or the appropriate field installation. All information requested therein should be given in detail. It is especially important that the amount claimed for property damage and for bodily injury be indicated in the space provided. Claims should be prepared in duplicate and signed.

§ 1204.306 Filing of claims.

(a) Claims covered by this subpart must be filed within two years after the accident or incident or death by the claimant.

(b) Claims should be submitted directly to the NASA installation whose employee is alleged to be responsible for the accident or incident, if known, or if not known, to the Office of General Counsel, National Aeronautics and Space Administration, Washington, D.C. 20546.

§ 1204.307 Evidence to be submitted by claimant.

(a) General. The amount claimed on account of damage to or loss of property, or on account of bodily injury or death should, so far as possible, be substantiated by competent evidence. Supporting statements, estimates and the like should, if possible, be obtained from disinterested parties. All evidence should be submitted in duplicate. The original evidence or certified copies thereof should be attached to the original and copy of the claim.

(b) Personal injury or death. In support of claims for personal injury or death, the claimant should submit itemized bills for medical, hospital or burial expenses actually incurred; a statement from the claimant's or decedent's employer as to time and income lost from work; and a written report

by the attending physician with respect to the nature and extent of treatment, the degree of disability, the period of hospitalization or incapacitation, and the prognosis as to future treatment, hospitalization, and other relevant matters.

(c) Damage to property. In support of claims for damage to property, the claimant should submit:

(1) An itemized receipt in the case of property which has been repaired.

(2) Itemized estimates of the cost of repairs from two reliable parties who specialize in such work, in the case of unrepaired property, or

(3) Corroborative statements from two reliable, qualified persons with respect to the cost, age of the property, and salvage value in the case where the property is not economically reparable.

§ 1204.308 Investigation of claims.

When a claim is received, the official designated in § 1204.312 shall conduct such investigation as may be appropriate for a determination of the validity of the claim. The services of an investigatory group or official at any NASA installation may be obtained to assist in such investigations.

§ 1204.309 Payment of claims.

When a claim is settled, the cognizant legal counsel will prepare Voucher for Payment of Tort Claims (NASA Form 616) or Voucher for Payment Under Federal Tort Claims Act (Standard Form 1145), as appropriate. The properly prepared form will be referred to the appropriate NASA installation fiscal or financial management office.

§ 1204.310 Acceptance of award or settlement by claimant.

The acceptance by the claimant of an award, adjustment, or settlement is final and conclusive on the claimant, and constitutes a complete release of any claim ainst the United States and against the employee of the Government whose act or omission gave rise to the claim.

§ 1204.311 Attorney's fees.

As part of any award or settlement, reasonable attorney's fees may be al

lowed out of, but not in addition to, the amount of the award or settlement. If the award or settlement is $500 or more, the fee shall not exceed 10 percent of the amount of the award or settlement.

§ 1204.312 NASA officials authorized to settle tort claims.

The following NASA officials are authorized to consider, ascertain, adjust, determine, and settle claims within the limits and to the extent permitted by the provisions of 28 U.S.C. 26712680 and 42 U.S.C. 2473(b)(13):

and

(a) The General Counsel Deputy General Counsel, NASA Headquarters, are authorized to consider, ascertain, adjust, determine, and settle any such claim.

(b) The Chief Counsel assigned to a NASA field installation is authorized to consider, ascertain, adjust, determine, and settle any such claim not exceeding $1,000 arising from the activities of that installation.

(c) In addition, authority to act on claims not exceeding $1,000 arising at: (1) The Wallops Station is vested in the Chief Counsel, Langley Research Center.

(2) The Flight Research Center is vested in the Chief Counsel, Western Operations Office.

Subpart 4-Small Business Policy

AUTHORITY: 28 U.S.C. 2671-2680 and 42 U.S.C. 2473.

SOURCE: 24 FR 6086, July 30, 1959, unless otherwise noted.

§ 1204.400 Scope of subpart.

This subpart establishes the small business policy and program of the National Aeronautics and Space Administration (NASA).

§ 1204.401 Policy.

(a) Consistent with the requirements of the Small Business Act (15 U.S.C. 631-650) and the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473(b)(5)) it is the policy of NASA to place a fair proportion of its total purchases and contracts with small business concerns.

(b) In carrying out the NASA procurement program, the primary con

sideration shall be that of securing contract performance, including obtaining deliveries of required items or services at the time, in the quantity and of the quality prescribed. In the area of research and development contracts, the general policy of NASA is to award such contracts to those organizations determined by responsible personnel to have a high degree of competence in the specific branch of science or technology required for the successful conduct of the work. It is in the interest of the civilian space program that the number of firms engaged in research and development work for NASA be expanded and that there be an increase in the extent of participation in such work by competent small business firms.

§ 1204.402 Responsibility.

§ 1204.402-1 Division of Procurement and Supply, NASA Headquarters.

The Director of Procurement and Supply, NASA Headquarters, is responsible for the development, supervision, and coordination of the NASA Small Business Program. A senior member serves on the Director's staff as Advisor on Small Business, with responsibility for formulating policies and procedures relating to small business, and representing the Director before other Government agencies on matters primarily affecting small busi

ness.

§ 1204.402-2 NASA field installations.

The head of each NASA field installation will designate a qualified individual in the procurement office as a "small business specialist," to provide a central point of contact to which small business concerns may direct inquiries concerning participation in the NASA procurement program, or secure assistance in submitting bids or proposals as well as performance of contracts. Where the head of a field installation considers that the volume of procurement or of functions relating to procurement at the installation does not warrant a full-time small business specialist, he may assign such duties to qualified procurement personnel on a part-time basis. NASA field installations shall establish and

maintain liaison with the Small Business Administration representative or the appropriate Small Business Administration Regional Office in matters relating to field procurement activities.

§ 1204.403 General requirements.

(a) All proposed procurement transactions in excess of $2,500 shall be examined by small business specialists prior to issuance of bids or requests for proposals to determine suitability for small business participation or setaside.

(b) The appropriate office of the Small Business Administration shall be informed or proposed procurements estimated to exceed $10,000.

(c) Bidders' lists shall be maintained on a current basis and reviewed to assure that small business firms are given an equitable opportunity to participate in those procurements suitable for performance by such firms.

(d) NASA small business personnel shall acquire descriptive data, brochures, or other information concerning small business firms which appear competent to perform research and development work in fields in which NASA is interested and furnish such information to technical personnel. The Small Business Advisor at Headquarters and the small business specialists at NASA field installations shall assist and consult with NASA technical personnel in the analysis of such information, in arranging field inspection of facilities, in making appointments for technical personnel with representatives of small business firms, and obtaining from other agencies appraisals of work performed by such firms.

(e) NASA will require contractors having negotiated contracts in excess of $1,000,000 and of such nature as to afford opportunities for subcontracting in substantial amounts to establish and conduct small business sub-contracting programs. Such programs will be periodically reviewed by NASA small business representatives evaluate their adequacy.

to

(f) NASA will encourage competent small business concerns to submit unsolicited proposals for research and development work in areas within

NASA's responsibility, which may lead to contracts for such work. The formation of contractor pools or joint ventures to perform research and development work will also be encouraged.

(g) NASA small business personnel will disseminate to small business concerns information concerning inventions for which NASA holds patents on behalf of the United States and under which it is NASA policy to grant licenses.

(h) Small business participation in NASA procurement shall be accurately measured, recorded, and publicized.

Subpart 5-Delegations and Designations

AUTHORITY: 42 U.S.C. 2473(b)(1), (3), (5), (6), and (14), unless otherwise noted.

§ 1204.500 Scope of subpart.

This subpart establishes various delegations of authority to, and designations of, National Aeronautics and Space Administration officials and other Government officials acting on behalf of the agency to carry out prescribed functions of the National Aeronautics and Space Administration.

[30 FR 3378, Mar. 13, 1965]

§ 1204.501 Power and authority-to take actions in real estate and related matters.

(a) Delegation of authority. The officials listed in paragraph (b) of this section are delegated authority, in accordance with applicable laws and regulations, and subject to conditions imposed by immediate superiors to:

(1) Prescribe agency real estate policies, procedures, and regulations;

(2) Enter into and take other actions including, but not limited to, the following:

(i) Acquire (by purchase, lease, condemnation, or otherwise) fee and lesser interes in real property and, in the case of acquisition by condemnation, to sign declarations of taking.

(ii) Determine entitlement to and quantum of, financial compensation under, and otherwise exercise the authority contained in the Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970 and regulations in implementation thereof.

(iii) Grant easements, leaseholds, licenses, permits or other interests in real property (wherever located) controlled by NASA.

(iv) Approve the use of NASA-controlled real property and acquisition and use of non-Government-owned real property for any NASA-related non-appropriated fund activity pur

pose.

(v) Sell and otherwise dispose of real property in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471, et seq.).

(vi) Exercise control over the acquisition, utilization, and disposal of movable/relocatable structures including prefabricated buildings, commercial packaged accommodations, trailers, and other like items used as facility substitutes.

(vii) Request other Government agencies to act as real estate agent for NASA.

(viii) Issue certificates indicating the need for family housing and the employment status of individuals eligible for such housing.

(ix) Authorize other NASA officials to take specific implementing action with regard to any real property transaction included in the scope of authority delegated in this paragraph (a)(2) of this section.

(b) Officials receiving authority. (1) NASA Comptroller; and

(2) Director of Facilities.

(c) Redelegation. (1) The authority delegated in paragraph (a)(1) of this section may not be redelegated.

(2) The authority delegated in paragraph (a)(2) of this section may be redelegated with power of further redelegation.

(d) Reporting. The officials to whom authority is delegated in this § 1204.501 shall ensure 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 related to the exercise of the authority delegated hereunder.

[40 FR 48121, Oct. 14, 1975]

§ 1204.502 Delegations of authority to the Corps of Engineers, U.S. Army, concerning NASA land acquisition activities.

(a) The Chief of Engineers, United States Army, or his designee, may, with respect to land acquired by the United States for the use of NASA at the Mississippi Test Facility and at the John F. Kennedy Space Center, NASA (Cocoa Beach, Florida), exercise all the authority of NASA under the Act of Congress approved August 14, 1962 (42 U.S.C. 2473(b)(14)) to reimburse certain moving expenses to the extent determined by him to be fair and reasonable, the owners and tenants of land and interests in land in accordance with the provisions of Subpart 6, but in no event in excess of 25 per centum of the fair value of the parcel of land or interest in land to which the reimbursement is related.

(b) The fair value of land or an interest in land shall be determined on the basis of an appraisal made by or on behalf of the Government in accordance with established appraisal principles and procedures, except that the Chief of Engineers, United States Army, in extraordinary cases where he deems departures from the appraised value to be justified, may submit the question of fair value to the Administrator, NASA for his determination. [29 FR 4148, Mar. 31, 1964]

§ 1204.503 Determination and delegation of authority concerning the granting of easements.

(a) Determination. I hereby determine that an easement will not be adverse to the interests of the United States if and to the extent that the interest in real property conveyed thereunder is not required for a NASA program and the grantee's exercise of right under such easement will not interfere with NASA operations.

(b) Delegation of authority. The Deputy Associate Administrator for Programming and the Institutional Directors at NASA Headquarters, as defined in the publication, NASA Basic Administrative Processes (NPC 107), and the Directors of field installations with respect to real property under their supervision and management

may, subject to the restrictions in paragraph (c) of this section, exercise all of the authority of the National Aeronautics and Space Administration under the Act of Congress approved October 23, 1962 (40 U.S.C. 319 to 319c), including the authority to authorize or grant on behalf of the United States, to a State or political subdivision or agency thereof or to any person applying therefor, such easements in, over, or upon real property of the United States controlled by NASA as will not be adverse to the interests of the United States.

(c) Restrictions. Except as otherwise specifically provided, no such easement shall be authorized or granted under the authority stated in paragraph (b) of this section unless:

(1) The NASA official authorizing or granting such easement determines that the interest in real property to be conveyed thereunder is not required for a NASA program and that the grantee's exercise of rights under such easement will not interfere with NASA operations; and

(2) Monetary or other benefit, including any interest in real property, is received by the Government as consideration for the granting of such easement; and

(3) The instrument granting such easement provides

(i) For the termination of the easement, in whole or in part, if there has been:

(a) A failure to comply with any term or condition of the grant; or

(b) A non-use of the easement for a consecutive two-year period for the purpose for which granted; or

(c) An abandonment of the easement; or

(d) A determination by a NASA official authorized to grant easements that the interests of the national space program, the national defense, or the public welfare require the termination of such easement; and a 30day notice, in writing, to the grantee that such determination has been made; and

(ii) That written notice of such termination shall be given to the grantee, or its successors or assigns, by a NASA official authorized to grant easements or his designee, and that termination

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