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will be a fraction of the dedicated time the package is scheduled for Shuttle flight price. The fraction will flight. be based on the length and weight of (e) Options. (1) In order to allow the the payload and the mission destina user greater flexibility in selecting a tion at the time of contract negotia launch date, the user may purchase a tions. The formula for computing the "floating launch date” option. At the fraction is set forth in Appendix D to time of contract execution, the user Subpart 1214.1.

will begin to make payments according (2) For shared flight users, NASA to a 33 month reimbursement schedand the user will identify a desired ule for this launching. At any time launch date three years prior to flight during Phase 1 or 2, the user may exLaunch will occur within a period of ercise this option by informing NASA ninety days, beginning on the desired of his desired launch date for this launch date. One year prior to flight, a option which will then be negotiated payload delivery date and a firm by NASA and the user. This launch launch date will be coordinated among date must be at least 33 months after the shared flight users. This firm the date of the first reimbursement launch date will be within the first payment. If the desired launch date is thirty days of the original ninety day within one year of the date of declaraperiod. The launch will occur on the tion, the short term call-up option and firmly scheduled launch date or associated fee will apply. If the desired within a perod of sixty days thereaf launch is to occur in a year for which ter. The payloads must be ready to a new price per flight is in effect, the launch for the duration of that period. user will pay the new price. The fee

(3) A 20 percent discount on the for this option is 10 percent of the standard flight price will be given to user's flight price in effect at the time shared flight users who will fly on a of contract execution and is payable at space-available (standby) basis. NASA that time. This fee will not be applied will provide launch services within a to the price of the user's flight. prenegotiated period of one year. (2) Options must be exercised for a Shared flight payloads must be flight flight by the end of the second phase deliverable to the launch site on the of operations or the option fee will be first day of the one year period and retained by NASA. sustain that condition until delivery to (f) Fixed price period ani escalation. the launch site. The user will be noti- (1) The price will remain constant for fied sixty days prior to the firmly flights during the first phase of Shutscheduled launch date which has been tle operations. For flights during the established by NASA. At that time, second phase, the price wil be adjusted NASA will also establish a payload de- on a yearly basis, if necessary, to livery date. The payload must be avail- assure revovery of total operating able at the launch site on the assigned costs over a twelve-year period. These delivery date and ready to launch for a adjusted prices will be applicable only period of sixty days after the firmly to agreements executed after the adscheduled launch date.

justment is made. (d) Small self-contained payloads. (2) Shuttle services for both phases Packages under 200 pounds and small. will be contracted on a fixed price er than five cubic feet which require basis. The payments in the contract no Shuttle services (power, deploy will be escalated to the time of the ment, etc.), and are for R&D purposes, payment using the Bureau of Labor will be flown on a space-available basis Statistics Index for Compensation per during both phases of Shuttle oper- hour, Total Private. ation. The price for this service will be (g) Earnest money. Earnest money negotiated based on size and weight, shall be paid to NASA prior to NASA's but will not exceed $10,000 in 1975 dol- accepting a launch reservation. The lars. A minimum charge of $3,000 in earnest money required shall be 1975 dollars will be made. If Shuttle $100,000 per payload; however, if the services are required, the price will be payload is a small self-contained pay. individually negotiated. Reimburse- load, the earnest money shall be ment to NASA will be made at the $500.00 per payload. The earnest money shall be applied to the first cording to the reimbursement schedpayment for each payload made by ule. the customer, or shall be retained by (2) For dedicated flight users requir. NASA if a launch services agreement ing short term call-up flights less than is not signed.

three months before launch, NASA (h) Reimbursement schedule. (1) Re will provide STS launch services on a imbursement shall be made in accord space-available basis. NASA shall be ance with the reimbursement schedule reimbursed the dedication flight price contained in this subsection. No according to the reimbursement schedcharges shall be made after the flight, ule plus short term call-up additional except as negotiated in the contract costs. The additional costs will be for prespecified extra services. Those based on estimated costs to be inusers who contract for Shuttle services curred. less than three years before the de- (3) For shared flights contracted one sired launch date will be accommodat year or less before launch, but more ed and will pay on an accelerated basis

than six months before launch, users according to the reimbursement sched may elect the short term call-up ule.

option. The user shall reimburse (2) Standby payloads. (i) Before the NASA the standard shared flight price establishment of a firmly scheduled according to the reimbursement schedlaunch date, the number of months ule plus a load factor-recovery fee. before launch will be computed assum The load factor-recovery fee is half ing a launch date at the mid-point of

the difference between a dedicated the designated one-year period.

flight price and the user's shared (ii) Once the firmly scheduled

flight price or the difference between launch date is established, the user

a dedicated flight price and the total shall reimburse NASA to make his

adjusted reimbursements from all payments current according to the re

shared users, whichever is less. imbursement schedule.

(4) For shared flights contracted six (3) Rembursement schedule.

months or less before launch, but

more than three months before [Percent of price]

launch, users may elect the short term

call-up option. The user shall reimMonths prior to scheduled

burse NASA the standard share flight Number of months before

launch date launch flight is scheduled

price according to the reimbursement 33 27 21 15 9 3

schedule plus a load factor-recovery

fee which is the difference between a 33 months or more.

dedicated flight price and the total ad27 to 32 months. 21 to 26 months ....

justed reimbursement from all shared 15 to 20 months ....

flight users. 9 to 14 months ....

(5) Shared flights contracted three 3 to 6 months....

months or less before launch will be

flown on a space-available basis. NASA This schedule holds unless there are shall be reimbursed the shared flight offsetting advantages to the U.S. Gov price according to the reimbursement ernment of an accelerated launch schedule plus short term call-up addischedule.

tional costs. These additional charges (4) Contracts for Shuttle services will be based on estimated costs to be made one year or less before a flight incurred. and up to three months before a flight (6) For the purposes of this parawill be made on a space-available basis graph, adjusted reimbursements is deunless short term call-up option is fined to be reimbursements assuming elected.

all shared users are among those de(i) Short term call-up option. (1) For fined in g 1214.201. flights contracted on year or less (7) The load factor-recovery fee will before launch, but not less than three never be less than zero. months before launch, short term call. (8) The load factor-recovery fee is up will be provided to dedicated flight payable upon receipt of NASA's billing users at the dedicated flight prices ac therefor.

1 17

17

(j) Accelerated launches. For users options and associated fees shall who reschedule a launch so that it apply. occurs earlier than the planned (5) Minor delays (up to three days) launch, the user will pay on an accel- caused by the users will not constitute erated reimbursement schedule. The a postponement. No fee will be user will reimburse NASA to make his charged for a minor delay. payments current on the new acceler (1) Cancellations—(1) Non-standby ated reimbursement schedule. If the payloads. Users who cancel a flight time from notification of acceleration more than one year before launch is less than one year from the new shall reimburse NASA 10 percent of launch date, short term call-up reim- the user's flight price. For a cancelled bursements will also apply.

flight one year or less before launch, (k) Postponements-(1) Non-standby the user shall reimburse NASA 10 perpayloads. (i) A user can postpone a cent of the user's flight price plus an flight of his payload one time with no occupancy fee as set forth in Appendix additional charge if postponement B. occurs more than one year before (2) Standby payloads. (i) Users who launch. For subsequent postponed cancel a flight more than six months flights more than one year before prior to the beginning of the negotiatlaunch, the user shall · reimburse ed one-year period shall reimburse NASA a postonement fee of 5 percent NASA 10 percent of the user's flight of the user's flight price. For post- price. ponements one year or less before

(ii) For a flight cancelled six months launch, the user shall reimburse

or less prior to the beginning of the NASA 5 percent of the user's flight

negotiated one-year period, the user price plus an occupancy fee according shall reimburse NASA 10 percent of to the occupancy fee schedule in Ap- the user's flight price plus an occupanpendix B.

cy fee as set forth in Appendix B. (ii) If the postponement of a flight (3) Cancellation fees are payable causes the payload to be launched in a upon receipt of NASA's billing there. year for which a different price per för. flight has been established, the new price shall apply if it is higher than

(42 FR 8631, Feb. 11, 1977, as amended at 49 the originally contracted price.

FR 17736, Apr. 25, 1984) (2) Standby payloads. (i) For flights postponed more than six months prior

8 1214.203 Optional reflight guarantee. to the beginning of the negotiated (a) If reflight insurance is purchased one-year period, NASA shall renegoti from NASA, NASA guarantees one reate a new one-year period during flight of: which launch will occur. No additional (1) The launch and development of a fee will be imposed.

free flying payload into a Shuttle com(i) For flights postponed six months patible mission orbit if, through no or less prior to the beginning of the fault of the user, the first launch and negotiated one-year period, the user deployment attempt is unsuccessful shall reimburse NASA 5 percent of the and if the payload returns safely to user's flight price plus an occupancy earth or a second payload is provided fee according to the occupancy fee by the user. schedule set forth in Appendix B.

(2) The launch of an attached pay. (3) Postponement fees are payable load into its mission orbit if the first upon receipt of NASA's billing there launch attempt is unsuccessful

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

for.

applies if the payload is in a safe retrievable condition as determined by NASA.

(b) Reflight insurance is not applica ble to payloads or upper stages placed into orbits other than the Shuttle mission orbit. 8 1214.204 Patent and data rights.

(a) When accommodating missions under this subpart, i.e., experimental science or experimental applications missions for ESA, ESA member states or Canada with no near-term commercial implications, NASA will obtain for U.S. Governmental purposes rights to inventions, patents and data resulting from such missions, subject to the user's retention of the rights to first publication of the data for a specified period of time.

(b) The user will be required to furnish NASA with sufficient information to verify peaceful purposes and to insure Shuttle safety and NASA's and the U.S. Government's continued compliance with law and the Government's obligations.

with the Associate Administrator for Space Flight will:

(i) Prescribe guidelines, procedures, and other instructions which are necessary for estimating costs and setting prices and publishing them in the NASA Issuance System, and

(ii) Review and arrange for the bill. ing of users.

(2) The Associate Administrator for Space Flight will arrange for:

(i) Developing estimates for costs and establishing prices in sufficient detail to reveal their basis and rationale.

(ii) Obtaining approval of the NASA Comptroller of such estimates and related information prior to the execution of any agreement, and

(iii) Reviewing of final billings to users prior to submission to the NASA Comptroller.

(b) Field installation officials. The Directors of Field Installations responsible for the STS operations will:

(1) Maintain and/or establish agency systems which are needed to identify costs in the manner prescribed by the NASA Comptroller,

(2) Compile financial records, reports, and related information, and

(3) Provide assistance to other NASA officials concerned with costs and related information.

APPENDIX A TO SUBPART 1214.2-COSTS FOR WHICH NASA SHALL BE REIMBURSED

8 1214.205 Revisit and/or retrieval serv.

ices. These services will be priced on the basis of estimated costs. If a special dedicated Shuttle flight is required, the full dedicated price will be charged. If the user's retrieval requirement is such that it can be accomplished on a scheduled Shuttle flight, he will only pay for added mission planning, unique hardware or software, time on orbit, and other extra costs incurred by the revisit. 8 1214.206 Damage to payload.

The price does not include a contin gency or premium for damage that may be caused to a payload through the fault of the U.S. Government or its contractors. The U.S. Government, therefore, will assume no risk for damage or loss to the user's payload. The users will assume that risk or obtain insurance protecting themselves against that risk.

Total Operating costs. Total Operating Costs include all direct and indirect costs, excluding costs of composing the use charge. Such costs include direct program charges for manpower, expended hardware, refurbishment of hardware, spares, propel. lants, provisions, consumables and launch and recovery services. They also include & charge for program support, center overhead and contract administration.

APPENDIX B TO SUBPART 1214.2

OCCUPANCY FEE SCHEDULE

8 1214,207 Responsibilities. • (a) Headquarters officials. (1) The NASA Comptroller, in coordination

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, 81214.301 Definitions.
the occupancy fee will be reset to zero.
For a postponed or cancelled shared flight

(a) Payload specialists. Individuals one year or less, but more than six months

other than NASA astronauts (combefore launch, the user shall reimburse

manders, pilots, and mission specialNASA an occupancy fee of half the user's ists), whose presence is required on flight price less any adjusted reimburse board the Space Shuttle to perform ments from other users who contract for specialized functions with respect to the same flight subsequent to the postpone operation of one or more payloads or ment or cancellation date.

other essential mission activities. For a postponed or cancelled shared flight (b) NASA or NASA-related payload. A six months or less before launch, the user

specific complement of instruments, shall reimburse NASA an occupancy fee of

space equipment, and support hard90% of the user's flight price less any ad

ware, developed by a NASA Program justed reimbursements from other users

Office or by another party with which who contract for the same flight subsequent

NASA has a shared interest, and carto the postponement or cancellation date. For a given shared flight, if the occupancy

ried into space to accomplish a mission fee so computed would result in total ad

or discrete activity in space. justed reimbursements (exclusive of the 5%

(c) Mission. The performance of a (10%) postponement (cancellation) fee) in coherent set of investigations or operexcess of the price of a dedicated flight, the ations in space to achieve program occupancy fee will be reduced in order to re goals. A single mission might require cover the price of a dedicated flight.

more than one flight or more than one In the event that, as a result of the post- mission might be accomplished on a ponement or cancellation, the Shuttle is not single flight. launched at all for the intended flight, the

(d) Mission manager. The official reoccupancy fee will be zero.

sponsible for the implementation of For purposes of this attachment, adjusted

the payload portion of an STS reimbursements is defined to be reimbursements assuming all users are among those

flight(s). defined in g 1214.201.

(e) Mission specialist. A career NASA astronaut trained and skilled in

the operation of STS systems related Subpart 1214.3—Payload Specialists

to payload operations and thoroughly for Space Transportation System

familiar with the operational require(STS) Missions

ments and objectives of the payloads

with which the mission specialist will SOURCE: 54 FR 48587, Nov. 24, 1989, unless

fly. The mission specialist, when desigotherwise noted.

nated for a flight, will participate in

the planning of the mission and will 8 1214.300 Scope.

be responsible for the coordination of (a) This revision of subpart 1214.3

overall payload/STS interaction. The redefines the title of payload specialist

mission specialist will direct the alloca

tion of STS and crew resources to the and sets forth NASA's policy on and

accomplishment of the combined payprocess for the determination of need,

load objectives during the payload opselection, and utilization of payload

erations phase of the flight in accordspecialists and additional mission spe

ance with the approved flight plan. cialists to be assigned to a Space

(f) Investigator Working Group Transportation System (STS) flight in

(IWG). A group composed of the Prinaddition to the standard NASA flight

cipal Investigators, or their representcrew.

atives, whose primary purpose is facili(b) This subpart does not apply to tating or coordinating the developthe selection of crew for the Space ment and execution of the operational Station Freedom. It is recognized that plans of an approved NASA program the Space Station has unique require- or reporting the progress thereof. ments regarding its crew and that a (g) Payload sponsor. For NASA and separate, specifically tailored policy NASA-related payloads the payload will need to be developed in the sponsor is the Associate Administrator future.

of the sponsoring Program Office

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