The Code of Federal Regulations of the United States of America

(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.

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 against 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 allowed 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. 2671-2680 and 42 U.S.C. 2473(b) (13):

(a) The General Counsel and Deputy General Counsel, NASA Headquarters, are authorized to consider, ascertain, ad

just, 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.

(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: The provisions of this Subpart 4 issued under 28 U.S.C. 2671-2680 and 42 U.S.C. 2473.

SOURCE: The provisions of this Subpart 4 appear at 24 F.R. 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).

(a) Consistent with the requirements of the Small Business Act (15 U.S.C. 631650) 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 consideration 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.

§ 1204.402-2

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 set-aside.

(b) The appropriate office of the Small Business Administration shall be informed of 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 to evaluate their adequacy.

(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: The provisions of this Subpart 5 issued under 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 F.R. 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 interests 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 purpose.

(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.

(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 F.R. 4148, Mar. 31, 1934]

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

(a) Determination. I hereby determine that an easement will not be ad

verse 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 condtion of the grant; or

(b) A non-use of the easement for a consecutive two-year period for the purpose for which granted; 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 30-day 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 shall be effective as of the date of such notice; and

(iii) For any other reservations, exceptions, limitations, benefits, burdens, terms, or conditions which either the authorizing or granting official or both deem necessary to protect the interests of the United States.

(d) Deviations. If, in connection with a proposed granting of an easement, the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters, or a Director of a field installation determines that a deviation from the restrictions in paragraph (c) of this section is appropriate, he may request authority for such deviation from the Administrator, NASA.

(e) Services of the Corps of Engineers. In exercising the authority herein granted, the Deputy Associate Administrator for Programming and the Institutional Directors at NASA Headquarters and the Directors of field installations, pursuant to the applicable provisions of any cooperative agreement between NASA and the Corps of Engineers (in effect at that time) may:

(1) Utilize the services of the Corps of Engineers, U.S. Army, and

(2) Authorize the Corps of Engineers to execute, on behalf of NASA, grants of easements in real property, as provided for in paragraph H6 of the Corps of Engineers-NASA agreement contained in NASA Management Instruction 2-3-26.

[29 F.R. 17892, Dec. 17, 1964]

§ 1204.504 Determination and delega tion of authority concerning the granting of leaseholds, permits and licenses in real property.

(a) Scope. This section delegates to the following NASA officials authority to grant such leaseholds, permits and licenses in real property as are determined in this section not to be adverse to the interests of the United States:

(1) Deputy Associate Administrator for Programming, NASA Headquarters;

(2) Institutional Directors (see paragraph (b) (3) ); and

(3) Directors of NASA field installations.

(b) Definitions. For the purposes of this section the following definitions will apply:

(1) The term "real property" means land, buildings, other structures and improvements, appurtenances and fixtures located thereon.

(2) The term "interest in real property" means a leasehold, permit or li

cense.

(3) The term "Institutional Director" is the title applied to the Associate Administrator for Manned Space Flight, Associate Administrator for Space Science and Applications, Associate Administrator for Advanced Research and Technology and the Deputy Associate Administrator for Industry Affairs in their respective roles as the Headquarters manager of the field installations assigned to them.

(c) Determination. I hereby determine that grants of leaseholds, permits or licenses made in accordance with the provisions of this section will not be adverse to the interests of the United States.

(d) Delegation of authority. The Deputy Associate Administrator for Programming and the Institutional Directors at NASA Headquarters and the Directors of field installations with respect to real property under their supervision and management may, subject to the restrictions set forth in paragraph (e) of this section, grant interests in real property (as defined in paragraph (b)(3) of this section) to any person or organization, including other Government Agencies, a State or political subdivision or agency thereof: Provided, however, That this authority may not be exercised with respect to real property which is excess within the meaning of 40 U.S.C. 472(e).

(e) Restrictions. Except as otherwise specifically provided, no such interest in real property shall be granted under the authority stated in paragraph (d) of this section unless:

(1) The Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters or the Director of the field installation concerned determines:

(i) That the interest in real property to be granted is not required for a NASA program, and

(ii) That the grantee's excercise of rights under such interest will not interfere with NASA operations; and

(2) Fair value in money is received by NASA on behalf of the Government at consideration for the grant of such interest; and

(3) The instrument granting such interest provides:

(i) For a term not to exceed five years;

(ii) For the termination thereof, in whole or in part, and without cost to the Government if there has been:

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

(b) A determination by the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters or the Director of the field installation concerned that the interests of the national space program, the national defense, or the public welfare require the termination of the interest granted; and a 30-day notice, in writing, to the grantee that such determination has been made;

(iii) That written notice of such termination shall be given to the grantee (or its successors or asigns) by the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters, or the Director of the field installation concerned, and that termination shall be effective as of the date specified by such notice; and

(iv) For any other reservations, exceptions, limitations, benefits, burdens, terms or conditions which the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters or the Director of the field installation concerned deems necessary to protect the interest of the United States.

(f) Deviations. If, in connection with a proposed grant of an interest in real property, the Deputy Associate Administrator for Programming or the cognizant Institutional Director at NASA Headquarters or a Director of a field installation determines that a deviation from the restrictions set forth in paragraph (e) of this section is appropriate, he may submit a request therefor to the Associate Administrator, NASA Headquarters, who is hereby authorized to approve such divations to the extent authorized by law.

(g) Services of the Corps of Engineers. In exercising the authority herein granted, the Deputy Associate Adminis

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