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the applicant for the development of by the applicant for or on account of such contribution;

the use of such contribution by the (3) The amount of any compensation United States; (other than salary received for services (7) Identification of any United rendered as an officer or employee of States and foreign patents applied for the Government) previously received or issued relating to the contribution; by the applicant for or on account of and the use of such contributions by the

(8) An agreement to surrender all United States; and

claims which such applicant may have (4) Such other factors as the Admin

for the use of such contribution by the istrator shall determine to be material.

Government.

(c) General. (1) Each contribution 8 1240.103 Applications for awards.

will be made the subject of a separate (a) Eligibility. Applications for

application in order that each contriaward may be submitted by any

bution may be evaluated individually. person including any individual, part

(2) Material constituting a possible nership, corporation, association, insti

hazard to safety or requiring unusual tution, or other entity.

storage facilities should not be submit(b) Information required. Applica

ted, and will not be accepted. Models tions for award should be addressed to

or intricate exhibits demonstrating the Inventions and Contributions

the contribution will not be accepted Board (herein referred to as the

unless specifically requested by the Board), National Aeronautics and

Board. In those few cases where such Space Administration, Washington,

models or exhibits have been submitDC 20546, and will contain:

ted pursuant to a request made by the (1) The name and address of the applicant, the person's relationship to

Board, the same will be returned to

the applicant upon written request the contributor if the contribution is

from the applicant. made by one other than the applicant,

(3) It is the policy of the Board to and the names and addresses of any others having information as to the

use or disclose information contained

in applications for awards for evaluavalue or usage of the contribution; (2) A complete written description of

tion purposes only. Applications for the contribution, in the English lan

awards submitted with restrictive leg. guage, accompanied by drawings,

ends or statements differing from this

policy will be treated in accordance sketches, diagrams, or photographs illustrating the nature of the contribu

with the Board's policy. tion and the technical and scientific

8 1240.104 Special procedures—NASA and principles upon which it is based, any

NASA contractor employees. available test or performance data or observations of pertinent scientific (a) A NASA Headquarters office, a phenomena, and the aeronautics or NASA field installation, or a NASA space application of the contribution; contractor may submit to the Board

(3) The date and manner of any pre- an application for an award identify. vious submittal of the contribution to ing the originator(s) of any scientific any other United States Government or technical contribution conceived or agency, and the name of such agency; developed during the performance of a

(4) The aggregate amount of any NASA program or contract, and which sums which have been expended by is considered to be of value in advancthe applicant for the development of ing the state of knowledge in space or the contribution;

aeronautical activities, whether or not (5) The nature and extent of any the contribution is the subject of a known use of the contribution by the NASA Tech Brief or of a U.S. patent United States and by any agency of application. the United States Government;

(b) When the Board receives written (6) The amount of any compensation notice (NASA Form 1548) that the As(other than salary received for services sociate General Counsel for Intellecturendered as an officer or employee of al Property at NASA Headquarters or the Government) previously received the cognizant Patent Counsel at a

NASA field installation has authorized sideration through the same channels the filing of a U.S. patent application as originally reported. for an invention made and reported by an employee of NASA or an employee

$ 1240.105 Review and evaluation of conof a NASA contractor, the Board will tribution. recommend to the Administrator or a (a) A contribution will be initially redesignee that an initial award of at viewed by the Board on the basis of least $500 be granted to a sole inven- the material submitted by the applitor, and an award in the amount of at cant under $ 1240.103(b). least $250 will normally be granted to (b) If it is determined that the coneach of joint inventors. The Board is tribution has been used in a NASA authorized to recommend a supple program, or adopted or sponsored or mental monetary award in an amount supported by NASA, the contribution that will be based on the evaluation of will be evaluated for its significant the technical and commercial merits value in the conduct of aeronautical or of the invention.

space activity. (c) When the Board receives written (c) The Board will recommend an notice (NASA Form 1546) that the award for such contribution when, Technology Utilization Officer at a upon evaluation of its scientific and NASA field installation has approved technical merits, it is determined to for publication a selected NASA Tech warrant an award of at least $250. Brief based on an innovation made and reported by an employee of NASA 8 1240.106 Notification by the Board. or a NASA contractor, the Board will (a) With respect to each completed recommend to the Administrator or

application where the Board has recdesignee that an initial award of at ommended to the Administrator the least $150 be granted, and an award in granting of an award, and the Adminat least that amount will be granted to istrator has approved such award, the each originator of the innovation. The Board will notify the applicant of the Board is authorized to recommend a amount and terms of the award. In supplemental monetary award in an the case of NASA employees or emamount that will be based on the eval. ployees of NASA contractors, such nouation of the technical and commer tification will normally be made cial merits of the innovation.

through the appropriate NASA field (d) When a selected NASA Tech installation representative. Brief has been approved for publica. (b) Except for applications from tion and the filing of a U.S. patent ap- NASA employees or employees of plication has been authorized for the NASA contractors, where the Board same contribution, the initial awards does not propose to recommend to the authorized in paragraphs (b) and (c) Administrator the granting of an of this section will be cumulative.

award, a notification will be provided (e) Awards authorized in paragraphs which includes a brief statement of (a), (b), and (c) of this section will not the reasons for such decision. be granted to a contributor who has previously received full compensation

$ 1240.107 Reconsideration. for, or on account of, the use of such a (a) In those cases where the Board contribution by the United States. does not recommend an award, the ap

(f) If a contribution, as first reported plicant may, within such period as the and evaluated, is judged not to merit a Board may set but in no event less supplemental award, as provided for in than 30 days from notification, reparagraphs (a), (b), or (c) of this sec- quest reconsideration of the Board's tion, and the contribution is later decision. proved to be of significant value, it (b) If reconsideration has been remay be submitted for reevaluation quested within the prescribed time, Responsible NASA and NASA contrac the applicant will, within 30 days from tor officials are encouraged to periodi- the date of the request for reconsidercally review such reported contribu. ation, or within any other time as the tions, and to resubmit them for recon- Board may set, file its statement setting forth the issues, points, authori. by the Board. The Board may, at its ties, arguments, and any additional discretion, arrange for a written tran. material on which it relies.

script of the proceedings and a copy of (c) Upon filing of the reconsider such transcript will be made available ation statement by the applicant, the by the recorder for purchase by the case will be assigned for reconsider applicant. ation by the Board upon the contents (7) No funds are available to defray of the application, the record, and the traveling expenses or any other cost reconsideration statement submitted incurred by the applicant. by the applicant.

(d) If after reconsideration, the 8 1240.109 Recommendation to the AdminBoard again does not propose to rec istrator. ommend the granting of an award, the

Upon a determination by the Board applicant, after such notification by

that a contribution merits an award, the Board, may request an oral hear

the Board will recommend to the Ading within the time set by the Board.

ministrator or a designee the terms (e) An oral hearing without recon

and conditions of the proposed award, sideration may be granted upon deter

including a specific amount and distrimination of the Chairperson that good

bution thereof for any multiple concause exists to do so.

tributors. The recommendation of the 8 1240.108 Hearing procedure.

Board to the Administrator or desig

nee will reflect the views of the major(a) Oral hearing held by the Board

ity of the Board members. Dissenting will be in accordance with the follow

views may be transmitted with the maing procedures:

jority opinion. (1) If the applicant requests a hearing within the time set in accordance 8 1240.110 Release. with $ 1240.107 (d) or (e), the Board will set a place and date for such hear.

Under subsection 306(b)(1) of the ing and notify the applicant.

National Aeronautics and Space Act of (2) The applicant may be represent

1958, as amended, no award will be ed by an attorney or any other appro

made to an applicant unless the appli. priately designated person.

cant submits a duly executed release, (3) Hearings will be open to the

in a form specified by the Administrapublic unless the applicant requests

tor, of all claims the applicant may that a closed hearing be held.

have to receive any compensation (4) Hearings may be held before the

(other than the award recommended) full membership of the Board or

from the United States Government before any panel of Board members

for use of the contribution or any eledesignated by the Chairperson.

ment thereof at any time by or on (5) Hearings will be conducted in an

behalf of the United States, or by or informal manner with the objective of

on behalf of any foreign government providing the applicant with a full op

pursuant to any existing or future portunity to present evidence and ar

treaty or agreement with the United guments in support of the application.

States, within the United States, or at Evidence may be presented through

any other place. means of such witnesses, exhibits, and visual aids as are arranged for by the

8 1240.111 Presentation of awards. applicant. While proceedings will be (a) Monetary awards and accompa. ex parte, members of the Board and nying written acknowledgments to emits counsel may address questions to ployees of NASA will be presented in a witnesses called by the applicant, and formal ceremony by the appropriate the Board may, at its option, utilize Official-in-Charge at the Headquar. the assistance and testimony of tech- ters Office, or by the Director of the nical advisors or other experts.

cognizant field installation or desig. (6) Subject to the provisions of nee. 8 1240.103(c)(2), the applicant will (b) Monetary awards and accompasubmit a copy of any exhibit or visual nying written acknowledgments to emaid utilized unless otherwise directed ployees of NASA contractors will be

forwarded to contractor officials for substance related to the exercise of suitable presentation.

the authority delegated in this section. $ 1240.112 Financial accounting.

(a) An Award Check Receipt (NHQ PART 1241–CONTRACT APPEALS DIV Form 622), which accompanies the transmittal of each group of award Subpart 1241.14General Procedures checks from the Board will be dated and signed by the responsible Award Sec. Liaison Officer/Technology Utiliza

1241.10 Scope. tion Officer and returned to the Board

PREFACE TO THE RULES without delay. (b) Not later than December 10 of 1241.11 Authority and jurisdiction of the

Board. each year, the responsible field instal

1241.12 Location and organization of the lation official will submit a report cer

Board. tifying that all award checks, which

1241.13 Decisions on questions of law. were issued and received by the field 1241 14 Board of Contract. Appeals i installation during the year, have been dure. delivered to the proper employees of NASA and employees of NASA con

PRELIMINARY PROCEDURES tractors. In the case of those checks 1241.101 Appeals, how taken. that have not been delivered by De 1241.102 Notice of appeal, contents of. cember 10, the certification report will 1241.103 Forwarding of appeals. be accompanied by all undelivered 1241.104 Preparation, contents, organizachecks and a brief explanation of the tion, forwarding and status of appeal reasons for the failure to make deliv file. ery. This annual certification report is

rtification report is 1241.105 Dismissal for lack of jurisdiction. essential in order to assure that

1241.106 Pleadings. income and withholding tax totals for

1241.107 Amendments of pleadings or

12 all awardees are correct and complete

record. at the close of each calendar year.

1241.108 Hearing election.

1241.109 Prehearing briefs. 8 1240.113 Delegation of authority.

1241.110 Prehearing or presubmission con

ference. (a) The Associate Administrator for 1241.111 Submission without a hearing. Management and the Chairperson, In 1241.112 Optional accelerated procedure. ventions and Contributions Board, are 1241.113 Settling the record. delegated authority to execute grants 1241.114 Discovery-depositions. of awards for significant scientific or 1241.115 Interrogatories to parties, admistechnical contributions not exceeding

sion of facts, and production and inspec$1000 per contributor, when in accord

tion of documents. ance with the recommendation of the

1241.116 Service of papers. Board and in conformity with applica

HEARINGS ble law and regulations. (b) The Chairperson, Inventions and

1241.117 Where and when held.

1241.118 Notice of hearings. Contributions Board, is delegated au

1241.119 Unexcused absence of a party. thority to execute grants of initial

1241.120 Nature of hearings. awards upon the decision to file for a

1241.121 Examination of witnesses. U.S. patent application, and upon ap

1241.122 Copies of papers. proval to publish a selected NASA

1241.123 Posthearing briefs. Tech Brief.

1241.124 Transcript of proceedings. (c) No redelegation is authorized 1241.125 Withdrawal of exhibits. except by virtue of succession. (d) The Chairperson, Inventions and

REPRESENTATION Contributions Board, will ensure that 1241.126 The appellant. feedback is provided so that the Ad- 1241.127 The respondent. ministrator, through official channels, is currently informed of significant ac

DECISIONS tions, problems, or other matters of 1241.128 Decisions.

[blocks in formation]

Sec.
1241.221 Subpoenas.
1241.222 Copies of papers.
1241.223 Posthearing briefs.
1241.224 Transcript of proceedings.
1241.225 Withdrawal of exhibits.

REPRESENTATION
1241.226 The appellant.
1241.227 The government.

DECISIONS 1241.228 Decisions.

MOTION FOR RECONSIDERATION 1241.229 Motion for reconsideration. SUSPENSIONS; DISMISSALS AND DEFAULTS;

REMANDS 1241.230 Suspensions; dismissal without

prejudice. 1241.231 Dismissal or default for failure to

prosecute or defend. 1241.232 Remand from court.

SANCTIONS 1241.233 Sanctions.

EFFECTIVE DATE 1241.234 Effective date.

Subpart 1241.1-General Procedures

Subpart 1241.2—General Procedures 1241.196 Scope.

PREFACE TO THE RULES 1241.197 Jurisdiction of the Board. 1241.198 Location and organization of the

Board. 1241.199 General guidelines. 1241.200 Ex parte communications.

PRELIMINARY PROCEDURES 1241.201 Appeals, how taken. 1241.202 Notice of appeal, contents of. 1241.203 Docketing of appeals. 1241.204 Preparation, content, organiza

tion, forwarding and status of appeal

file. 1241.205 Motions. 1241.206 Pleadings. 1241.207 Amendments of pleadings or

record. 1241.208 Hearing election. 1241.209 Prehearing briefs. 1241.210 Prehearing or presubmission con

ference. 1241.211 Submission without a hearing. 1241.212 Optional small claims (expedited)

and accelerated procedures. 1241.212-1 Election to utilize small claims

(expedited) and accelerated procedures. 1241.212-2 The small claims (expedited)

procedure. 1241.212-3 The accelerated procedure. 1241.212-4 Motions for reconsideration in

$ 1241.212 cases. 1241.213 Settling the record. 1241.214 Discovery-depositions. 1241.215 Interrrogatories to parties, admis

sion of facts, and production and inspec

tion of documents. 1241.216 Service of papers other than sub

poenas.

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

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

81241.10 Scope.

This subpart 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 8 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 deci. sions of contracting officers arising under contracts which contain provi. sions requiring the determination of appeals by the Administrator or his duly authorized representative or board. In addition, the Board may perform other quasi-judicial duties as as

HEARINGS 1241.217 Where and when held. 1241.218 Notice of hearings. 1241.219 Unexcused absence of a party. 1241.220 Hearings: nature, examination of

witnesses.

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