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informed of permanent security area ulation or order establishing requirerevocations within 15 workdays.

ments or procedures for authorized

entry into an area designated restrict8 1203a.103 Access to security areas.

ed, limited, or closed pursuant to the (a) Only those NASA employees, provisions of this part may be subject NASA contractor employees, and visi

to prosecution under 18 U.S.C. 799 tors who have a need for such access

which provides penalties for a fine of and who meet the following criteria not more than $5,000 or imprisonment may enter a security area:

for not more than 1 year, or both. (1) Restricted area. Be authorized to enter the area alone or be escorted by 81203a.105 Implementation by field and or under the supervision of a NASA

component installations. employee or NASA contractor employee who is authorized to enter the area.

If a Director of a NASA field or com(2) Limited area. Possess a security

ponent installation finds it necessary clearance equal to the level of the clas

to issue supplemental instructions to sified information or material involved

any provision of this part, the instrucor be the recipient of a satisfactorily tions must first be published in the completed national agency check if FEDERAL REGISTER. Therefore, the proclassified material or information is posed supplemental instructions will not involved. Personnel who do not be sent to the Security Division (Code meet the requirements for unescorted DHZ), NASA Headquarters, in accordaccess may be escorted by a NASA em ance with NASA Management Instrucployee or NASA contractor employee tion 1410.10 for processing. who meets the access requirements and has been authorized to enter the area.

PART 1204—ADMINISTRATIVE (3) Closed area. Possess a security

AUTHORITY AND POLICY clearance equal to the classified information or material involved. (b) The directors of NASA field and

Subparts 1–3 (Reserved] component installations, and the Di

Subpart 4—Small Business Policy rector of Headquarters Administration for NASA Headquarters (including 1204.400 Scope of subpart. component installations) may rescind 1204.401 Policy. previously granted authorizations to 1204.402 Responsibility. enter a security area when an individ 1204.403 General requirements. ual's continued presence therein is no longer required, threatens the security Subpart 5—Delegations and Designations of the property therein, or is disruptive of Government operations.

1204.500 Scope of subpart.

1204.501 Delegation of authority-to take 8 1203a.104 Violation of security areas.

actions in real estate and related mat

ters. (a) Removal of unauthorized per 1204.502 (Reserved) sons. The directors of NASA field and

1204.503 Delegation of authority to grant component installations (or their des

easements. ignees) and the Director of Headquar- 1204.504 Delegation of authority to grant ters Administration for NASA Head leaseholds, permits and licenses in real quarters (including component instal property. lations) or his designee may order the 1204.505 Delegation of authority to exeremoval or eviction of any person

cute certificates of full faith and credit. whose presence in a designated securi

1204.506-1204.507 (Reserved) ty area is in violation of the provisions

1204.508 Delegation of authority of certain

civil rights functions to Department of of this part or any regulation or order

Health, Education, and Welfare. established pursuant to the provisions

1204.509 Delegation of authority to take of this part.

action regarding “liquidated damage" (b) Criminal penalties for violation.

assessments under the Contract Work Whoever willfully violates, attempts to Hours and Safety Standards Act, and asviolate, or conspires to violate any reg sociated labor statutes.

[blocks in formation]

1204.1400 Scope. 1204.1401 Definitions. 1204.1402 Policy. 1204.1403 Available airport facilities. 1204.1404 Requests for use of NASA air

field facilities. 1204.1405 Approving authority. 1204.1406 Procedures in the event of a de

clared in-flight emergency. 1204.1407 Procedure in the event of an un

authorized use.

Subpart 15—Intergovernmental Review of Na

tional Aeronautics and Space Administra

tion Programs and Activities 1204.1501 Purpose. 1204.1502 Definitions. 1204.1503 Programs and activities subject

to these regulations. 1204.1504 (Reserved) 1204.1505 Federal interagency coordina

tion. 1204.1506 Procedures for selecting pro

grams and activities under these regula

tions. 1204.1507 Communicating with State and

local officials concerning the Agency's

programs and activities. 1204.1508 Time limitations for receiving

comments on proposed direct Federal

development. 1204.1509 Receiving and responding to

comments. 1204.1510 Efforts to accommodate inter

governmental concerns. 1204.1511 Coordination in interstate situa.

tions. 1204.1512 [Reserved) 1204.1513 Waivers of provisions of these

regulations. APPENDIX A TO PART 1204_ITEMS TO COVER

IN MEMORDANDA OF AGREEMENT

8 1204.401 Policy.

(a) Consistent with the requirements of the Small Business Act (15 U.S.C. 631-650), as amended, and the National Aeronautics and Space Act of 1958, as amended (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.

81204.402 Responsibility.

(a) Office of Small and Disadvantaged Business Utilization. The Director, Office of Small and Disadvantaged Business Utilization, NASA Headquarters, is responsible for the development, supervision and coordination of the NASA Small Business Program. The Director is also responsible for formulating policy and procedures relating to small business, and representing NASA before other government agencies on matters primarily affecting small business.

(b) 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 cen. tral point of contact to which small business concerns may direct inquiries concerning participation in the NASA procurement program, or secure assist ance in submitting bids or proposals as well as performance of contracts. Where the head of a field installation considers that the volume of procurement at the installation does not war. rant a full-time small business specialist, he/she may assign such duties to qualified procurement personnel on a part-time basis. NASA field installations shall establish and maintain liai. son with the Small Business Administration representative or the appropriate Small Business Administration Regional Office in matters relating to field procurement activities. 8 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 of proposed procurements estimated to exceed $10,000.

(c) Bidders' list 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 Head. quarters 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) In accordance with Pub. L. 95507, NASA will require contractors having contracts in excess of $1,000,000 for the construction of any public facility, and in excess of $500,000 for all other contracts, and of such nature as to afford opportunities for subcontracting in substantial amounts, to establish and conduct small business subcontracting 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 forma. tion of contractor pools or joint ven. tures 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.

8 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)

(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 paragraph (a)(2) of this section.

(b) 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.

(c) Reporting. The officials to whom authority is delegated in this section shall ensure that feedback is provided to keep the Administrator fully and currently informed of significant actions, problems, or other matters of substance related to the exercise of the authority delegated hereunder. (51 FR 26862, July 28, 1986, as amended at 56 FR 57592, Nov. 13, 1991)

8 1204.502 (Reserved]

8 1204.501 Delegation of authority-to

take actions in real estate and related matters. (a) Delegation of authority. The Associate Administrator for Management Systems and Facilities and the Director, Facilities Engineering Division, 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 fol. lowing;

(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) Use, with their consent, the facilities of Federal and other agencies with or without reimbursement.

(iii) 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, as amended (42 U.S.C. 4601), and regulations in implementation thereof.

(iv) Grant easements, leaseholds, licenses, permits, or other interests (wherever located) controlled by NASA.

(v) Grant the use of NASA-controlled real property and approve the acquisition and use of nongovernment owned real property for any NASA-related, nonappropriated fund activity purpose with the concurrence of the NASA Comptroller.

(vi) 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).

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

(viii) Request other government agencies to act as real estate agent for NASA.

$ 1204.503 Delegation of authority to

grant easements. (a) Scope. 40 U.S.C. 319 to 319C authorizes executive agencies to grant, under certain conditions, the easements as the head of the agency determines will not be adverse to the interests of the United States and subject to the provisions as the head of the agency deems necessary to protect the interests of the United States.

(b) Delegation of authority. The Associate Administrator for Management Systems and Facilities and the Director, Facilities Engineering Division, are delegated authority to take actions in connection with the granting of easements.

(c) Definitions. The following defini. tions will apply:

(1) State means the States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States.

(2) Person includes any corporation, partnership, firm, association, trust, estate, or other entity.

(d) Determination. It is hereby determined that grants of easements made in accordance with the provisions of this section will not be adverse to the interests of the United States.

(e) Redelegation. (1) The Directors grantee that the determination has of Field Installations with respect to been made. real property under their supervision (ii) That written notice of the termiand management may, subject to the nation shall be given to the grantee, or restrictions in paragraph (f) of this its successors or assigns, by the Associsection, exercise the authority of the ate Administrator for Management National Aeronautics and Space Act of Systems and Facilities, the Director, 1958, as amended, and 40 U.S.C. 319 to Facilities Engineering Division, or the 319C to authorize or grant easements appropriate Director of the Field Inin, over, or upon real property of the stallation, and that termination shall United States controlled by NASA as be effective as of the date of the will not be adverse to the interests of notice. the United States.

(iii) For any other reservations, ex(2) The Directors of Field Installa- ceptions, limitations, benefits, burtions may redelegate this authority to dens, terms, or conditions necessary to only two senior management officials protect the interests of the United of the appropriate field installation. States.

(f) Restrictions. Except as otherwise (g) Waivers. If, in connection with a specifically provided, no such ease proposed granting of an easement, the ment shall be authorized or granted Director of a Field Installation deterunder the authority stated in para mines that a waiver from any of the graph (e) of this section unless:

restrictions in paragraph (f) of this (1) The appropriate Director of the section is appropriate, authority for Field Installation determines:

the waiver may be requested from the (i) That the interest in real property Associate Administrator for Manageto be conveyed is not required for a ment Systems and Facilities or the DiNASA program.

rector, Facilities Engineering Division. (ii) That the grantee's exercise of (h) Services of the Corps of Engirights under the easement will not neers. In exercising the authority interfere with NASA operations.

herein granted, the Directors of Field (2) Monetary or other benefit, in Installations, under the applicable cluding any interest in real property,

provisions of any cooperative agreeis received by the government as con ment between NASA and the Corps of sideration for the granting of the ease Engineers (in effect at that time), ment.

may: (3) The instrument granting the (1) Utilize the services of the Corps easement provides:

of Engineers, U.S. Army. (i) For the termination of the ease (2) Delegate authority to the Corps ment, in whole or in part, and without of Engineers to execute, on behalf of cost to the government, if there has NASA, grants of easements in real been:

property, as authorized in this section, (A) A failure to comply with any

provided that the conditions set forth term or condition of the grant;

in paragraphs (f) and (g) of this sec(B) A nonuse of the easement for a

tion are complied with. consecutive 2-year period for the pur

(i) Distribution of documents. One pose for which granted; or

copy of each document granting an (C) An abandonment of the ease

easement interest under this authorment; or

ity, including instruments executed by (D) A determination by the Associ

the Corps of Engineers, will be forate Administrator for Management

warded for filing in the Central Depos

itory for Real Property Documents to: Systems and Facilities, the Director, Facilities Engineering Division, or the

National Aeronautics and Space Adappropriate Director of the Field In

ministration, Facilities Operations and stallation that the interests of the na

Maintenance Branch (Code JXG), Fational space program, the national de

cilities Engineering Division, Washingfense, or the public welfare require

ton, DC 20546. the termination of the easement; and (51 FR 26860, July 28, 1986, as amended at a 30-day notice, in writing, to the 56 FR 57592, Nov. 13, 1991)

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