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user will reimburse NASA to make his & postponement. No fee will be payments current on the new acceler- charged for a minor delay. ated reimbursement schedule. If the (1) Cancellations. (1) Non-standby time from notification of acceleration payloads. Users who cancel a flight is less than one year from the new more than one year before launch launch date, short term call-up reim- shall reimburse NASA 10 percent of bursements will also apply.

the user's flight price. For a cancelled (k) Postponements-(1) Non-standby flight one year or less before launch, payloads. (i) A user can postpone a the user shall reimburse NASA 10 perflight of his payload one time with no

cent of the user's flight price plus an additional charge if postponement

occupancy fee as set forth in Appendix occurs more than one year before

E to this subpart. launch. For subsequent postponed

(2) Standby payloads. (i) Users who flights more than one year before

cancel a flight more than six months launch, the user shall reimburse

prior to the beginning of the negotiatNASA a postponement fee of 5 percent

ed one-year period shall reimburse of the user's flight price. For post

NASA 10 percent of the user's flight ponements one year or less before

price. launch, the user shall reimburse NASA 5 percent of the user's flight

(ii) For a flight cancelled six months price plus an occupancy fee according

or less prior to the beginning of the to the occupancy fee schedule in Ap

negotiated one-year period, the user pendix E to this subpart.

shall reimburse NASA 10 percent of (ii) If the postponement of a flight

the user's flight price plus an occupancauses the payload to be launched in a

cy fee as set forth in Appendix E to year for which a different price per

this subpart. flight has been established, the new

(3) Cancellation fees are payable price shall apply if it is higher than upon receipt of NASA's billing therethe originally contracted price.

for. (2) Standby payloads. (i) For flights

[42 FR 3829, Jan. 21, 1977, as amended at 49 postponed more than six months prior FR 17736, Apr. 26, 1984) to the beginning of the negotiated one-year period, NASA shall renegoti 8 1214.103 Reflight guarantee. ate a new one-year period during

(a) A fee for a reflight guarantee is which launch will occur. No additional

included in the price charged the user. fee will be imposed.

In consideration of that fee, NASA (ii) For flights postponed six months or less prior to the beginning of the

guarantees one reflight of: negotiated one-year period, the user

(1) The launch and deployment of a shall reimburse NASA 5 percent of the

free flying payload into a Shuttle comuser's flight price plus an occupancy

patible mission orbit if, through no fee according to the occupancy fee

fault of the user, the first launch and schedule set forth in Appendix E to

deployment attempt is unsuccessful this subpart.

and if the payload returns safely to (3) Postponement fees are payable

earth or a second payload is provided upon receipt of NASA's billing there

by the user. for.

(2) The launch of an attached pay. (4) Flights postponed will hence load into its mission orbit if the first forth be treated as newly scheduled launch attempt is unsuccessful launches according to the reimburse through no fault of the user, and if ment schedule. The number of months the payload returns safely to earth or prior to launch will be taken as the a second payload is provided by the total number of months between the user. date postponement is elected and the (3) A launch of a Shuttle into a pay. new launch date. Short-term call-up load mission orbit for the purpose of options and associated fees shall retrieving a payload if the first retrievapply.

al attempt is unsuccessful through no (5) Minor delays (up to three days) fault of the user. This guarantee only caused by the users will not constitute applies if the payload is in a safe re

trievable condition as determined by with the Associate Administrator for NASA.

Space Flight will: (b) This reflight guarantee will not (i) Prescribe guidelines, procedures, be applicable to payloads or upper and other instructions which are necstages placed into orbits other than essary for estimating costs and setting the Shuttle mission orbit.

prices and purlishing them in the

NASA Issuance System, and 8 1214.104 Patent and data rights.

(ii) Review and arrange for the bill(a) NASA will not acquire rights to ing of users. inventions, patents or proprietary data (2) The Associate Administrator for privately funded by a user, or arising Space Flight will arrange for: out of activities for which a user has

(i) Developing estimates for costs reimbursed NASA under the policies

and establishing prices in sufficient set forth herein. However, in certain

detail to reveal their basis and rationinstances in which the NASA Adminis

ale. tration has determined that activities

(ii) Obtaining approval of the NASA may have a significant impact on the

Comptroller of such estimates and republic health, safety or welfare, NASA

lated information prior to the execumay obtain assurances from the user

tion of any agreement, and that the results will be made available

(iii) Reviewing of final billings to to the public on terms and conditions reasonable under the circumstances.

users prior to submission to the NASA (b) The user will be required to fur

Comptroller. nish NASA with sufficient information

(b) Field installation officials. The to verify peaceful purposes and to

Directors of Field Installations responinsure Shuttle safety and NASA's and

sible for the STS operations will: the U.S. Government's continued com

(1) Maintain and/or establish agency pliance with law and the Govern

systems which are needed to identify ment's obligations.

costs in the manner prescribed by the

NASA Comptroller. 8 1214.105 Revisit and/or retrieval serv (2) Compile financial records, reices.

ports, and related information, and These services will be priced on the (3) Provide assistance to other NASA basis of estimated costs. If a special officials concerned with costs and rededicated Shuttle flight is required. lated information. the full dedicated price will be . charged. If the user's retrieval requirement is such that it can be accom

APPENDIX A TO SUBPART 1214.1-COSTS plished on a scheduled Shuttle flight,

FOR WHICH NASA SHALL BE REIMhe will only pay for added mission

BURSED planning, unique hardware or soft Additive Costs. All additional costs, both ware, time on orbit, and other extra direct and indirect, that the NASA has to costs incurred by the revisit.

incur above those it would otherwise have

incurred had it not undertaken to meet non8 1214.106 Damage to payload.

NASA user requirements. The price does not include a contin

Total Operations Costs. Total Operations

Costs include all direct and indirect costs, gency or premium for damage that

excluding costs composing the use charge. may be caused to a payload through

Such costs include direct program charges the fault of the U.S. Government or

for manpower, expended hardware, refurits contractors. The U.S. Government, bishment of hardware, spares, propellants, therefore, will assume no risk for provisions, consumables and launch and redamage or loss to the user's payload. covery services. They also include a charge The users will assume that risk or

for program support, center overhead, and obtain insurance protecting them

contract administration. selves against that risk.

Use Charge. A charge in lieu of deprecia

tion for use of facilities, support equipment 8 1214.107 Responsibilities.

and the Shuttle fleet.

Aggregate Costs. Aggregate costs are all (a) Headquarters officials. (1) The reasonable costs which include the sum of NASA Comptroller, in coordination the use charge and total operations costs.

APPENDIX D TO SUBPART 1214.1

SHARED FLIGHT CHARGE

APPENDIX B TO SUBPART 1214.1–

STANDARD SHUTTLE SERVICES Two standard mission destinations:

(1) 160 NM Altitude; 28.5° Inclination. (2) 160 NM Altitude; 56.0° Inclination. One day mission operations Orbiter flight planning services Transmission of payload data to compatible

receiving stations A three-man flight crew On-orbit payload handling Deployment of a free flyer NASA support of payload design reviews Prelaunch payload installation, verification

and orbiter compatibility testing NASA payload safety review

APPENDIX C TO SUBPART 1214.1

OPTIONAL SHUTTLE SERVICES Revisit and retrieval Use of Spacelab or other special equipment Use of Mission Kits to extend basic orbiter

capability Use of Upper Stages EVA services Unique payload/orbiter integration and test Payload mission planning services, other

than for launch, deployment and entry phases Additional time on-orbit Payload data processing Launch from Western Test Range Two standard mission destinations are avail.

able from the Western Test Range site: (1) 160 NM Altitude; 90.0° Inclination. (2) 160 NM Altitude; 104.0° Inclination.

To calculate the cost of individual pay. loads transported on a flight shared with other payloads:

(1) Find the load factor for the payload by dividing the payload weight by the Shuttle capability for the desired inclination (Table in Figure 1).

(2) Find the load factor for the payload by dividing the payload length by 60 feet.

(3) Enter the curve (Figure 1) at the higher value obtained from steps 1 and 2 and read the Charge Factor (Cp)from the curve.

(4) Multiply the C, value times the quoted price per dedicated flight. This will result in the price for the payload flight.

The price for each payload flight (Step 4) entitles the user to be provided a pro-rata share of the facilities available on board the standard Shuttle flight. For example, if the payload factor is 0.5, then the payload is entitled to 50% of power, cooling, and other services provided on the standard flight. Standard services required that exceed the pro-rata share will be an additional charge to the user based on the cost of the service provided.

For purposes of this attachment, payload weight includes a pro-rata share of all special equipment (e.g., spin tables and their controls) needed for the user's mission. Pay. load length includes a pro-rata share of the clearance length necessary to operate or deploy the payload, including the length of deployment mechanisms.

DETERMINATION OF CHARGE FACTOR (Cp) FOR 160 N.MI

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In the event that, as a result of the postponement or cancellation, the Shuttle is not launched at all for the intended flight, the occupancy fee will be zero. (For purposes of this attachment, adjusted reimbursements is defined to be reimbursements assuming all users are non-U.S. Government.)

Subpart 1214.2–Reimbursement for

Shuttle Services Provided to Civil U.S. Government Users and Foreign Users Who Have Made Substantial Investment in the STS Program

For a postponed or cancelled dedicated flight, the occupancy fee will be zero.

For a postponed or cancelled shared flight, the occupancy fee will be computed according to the computation instructions set forth below. If the computation results in an occupancy fee which is less than zero, the occupancy fee will be reset to zero.

For a postponed or cancelled shared flight one year or less, but more than six months before launch, the user shall reimburse NASA an occupancy fee of half the user's flight price less any adjusted reimbursements from other users who contract for the same flight subsequent to the postponement or cancellation date.

For a postponed or cancelled shared flight six months or less before launch, the user shall reimburse NASA an occupancy fee of 90% of the user's flight price less any adjusted reimbursements from other users who contract for the same flight subsequent to the postponement or cancellation date.

For a given shared flight, if the occupancy fee so computed would result in total adjusted reimbursements (exclusive of the 5% (10%) postponement (cancellation) fee) in excess of the price of a dedicated flight, the occupancy fee will be reduced in order to recover the price of a dedicated flight.

SOURCE: 42 FR 8631, Feb. 11, 1977, unless otherwise noted.

8 1214.200 Scope.

This Subpart 1214.2 sets forth:

(a) The policy on reimbursement for Shuttle services which are provided by NASA to users (as defined in $ 1214.201) under launch services agreements, and

(b) Responsibilities for putting such policy into effect and carrying it out.

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8 1214.201 Definition.

For the purpose of this subpart, the term users means:

(a) For all civil U.S. Government agencies who request Shuttle services from NASA, and

(b) Foreign users who have made substantial investment in the STS pro

m. i.e. European Space Agency (ESA), ESA member or observer nations participating in Spacelab devel. opment, and Canada, when conducting experimental science or experimental applications missions with no nearterm commercial implications. 8 1214.202 Reimbursement policy.

(a) Features of policy. (1) All users will be charged on a fixed price basis; there will be no post-flight charges, except for prespecified optional services.

(2) The price will be based on estimated costs.

(3) The price will be held constant for flights in the first three years of Space Transportation System (STS) operations.

(4) Payments shall be escalated according to the Bureau of Labor Statistics Index for Compensation per hour, Total Private.

(5) Subsequent to the first three years, the price will be adjusted annually to insure that total operating costs are recovered over a twelve-year period.

(6) Pricing incentives are designed to maximize the proper utilization of the STS. · (b) Dedicated flight reimbursements. (1) For the purposes of this policy, a dedicated flight is one sold to a single user.

(2) The policy is established for two distinct phases of Shuttle operations. The first phase is through the third full fiscal year of Shuttle operations and the second phase consists of nine full fiscal years subsequent to the first phase.

(i) For a dedicated Shuttle flight during the first phase, NASA shall be reimbursed in an amount which is a pro-rata share of forecast additive costs averaged over the first phase of three years; however, the price shall not be less than a pro-rata share of forecast total operating costs averaged

over both the first and second phases of the twelve year Shuttle operation period.

(ii) For a dedicated Shuttle flight during the second phase, NASA shall be reimbursed a pro-rata share of forecast total operating costs over both phases to insure that total operating costs are recovered over the twelve year period.

(iii) The definition of the costs are specified in this subpart are set forth in Appendix A to this subpart.

(iv) Subject to NASA approval, a dedicated flight user may apportion and assign STS services to other STS users provided they satisfy STS user requirements. The price of integrating additional payloads will be negotiated.

(v) A summary of standard Shuttle services included in the flight price is set forth in Appendix B to Subpart 1214.1.

(vi) The prices of optional Shuttle services are being developed and shall be set forth in the Shuttle Price Book which is being developed. A summary of the optional services is set forth in Appendix C to Subpart 1214.1.

(vii) For the user with an experimental, new use of space or first time use of space of great public value, the reimbursement to NASA for the dedicated, standard Shuttle flight in either the first or second phase shall be a pro-rata share of the average twelve year additive costs as estimated at the time of negotiations. Programs which qualify for this price will be determined by an STS Exceptional Program Selection Process. In all cases, the Administrator will be the selection official.

(viii) For dedicated flight users, NASA and the user will identify a desired launch date within a period of ninety days three years prior to flight. One year prior to the flight, a firm launch and payload delivery date will be identified by NASA. The firm launch date will be within the first sixty days of the original ninety day period. Launch will occur on the firmly scheduled launch date or within a period of thirty days thereafter. The payload must be ready to launch for the duration of that period.

(c) Shared flight reimbursements. (1) The price of a shared Shuttle flight

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