« PreviousContinue »
will be thoroughly and impartially in sible, with due regard for the former vestigated following the guidelines of employee's need for adequate time to the OGE and the procedural require prepare a defense and expeditious resments of this subpart before a final olution of potentially damaging allega. decision is reached.
tions. The examiner shall observe the
procedural requirements of 18 U.S.C. 8 1207.702 Procedures for administrative
207 and this subpart in conducting the disciplinary hearing.
hearing. (a) Allegations of violations. Any al (e) Rights of the former employee. In legation that a former NASA employ. connection with a hearing, the former ee has violated 18 U.S.C. 207 in con employee shall have the right: nection with duties performed while (1) To represent oneself or to be repthe individual worked for NASA shall resented by counsel; be referred to the NASA Inspector (2) To introduce and examine witGeneral for investigation. The Inspec- nesses and to submit evidence; tor General shall coordinate, as appro (3) To confront and cross-examine priate, with the Director of the OGE
witnesses; and the Criminal Division of the De
(4) To present argument; partment of Justice.
(5) To request a transcript or record(b) Initiation of hearing. When the ing
ing of the proceedings. NASA Inspector General determines
(f) Burden of proof. The agency after appropriate review that there is
shall have the burden of proof and reasonable cause to believe that a
must establish by substantial evidence former NASA employee has violated
that a violation has occurred. 18 U.S.C. 207(a), (b), or (c), or any im
(g) Initial decision. (1) The examinplementing regulations, the Inspector
er shall make an initial determination General shall prepare and issue the
based exclusively on matters of record notice to the former employee re
in the proceedings. quired by 18 U.S.C. 207(j) which shall
(2) When a former employee does include:
not elect a hearing, the examiner shall (1) A statement of allegations (and
consider all available evidence, includthe basis thereof) sufficiently detailed
ing any documentary evidence submitto enable the former Government em
ted by the parties, and shall issue an ployee to prepare an adequate defense;
initial decision based thereon. (2) Notification of the right to a
(3) The written initial decision shall hearing; and (3) An explanation of the method by
set forth all findings of fact and conwhich a hearing may be requested.
clusions of law relevant to the matter
at issue. (c) Appointment of examiner. The Associate Deputy Administrator shall
§ 1207.703 Appeal from initial decision. appoint an examiner upon issuance of a notice under paragraph (b) of this
Within 30 days after the date of the section. Any duly appointed examiner
initial decision, either party may is hereby delegated authority to con
appeal the initial decision to the Assoduct an administrative hearing and to
ciate Deputy Administrator. The Assomake an initial decision under the pro
ciate Deputy Administrator will review cedures of this subpart. The examiner
the pertinent record of the proceed. shall be impartial and shall not have ings and any written arguments subparticipated in any manner in the cir
mitted by the parties concerning the cumstances giving rise to the proceed appeal. If the Associate Deputy Ad. ings or the decision to initiate the pro
ministrator modifies or reverses the ceedings. The examiner shall have a initial decision, he or she shall specify degree in law, be admitted to the bar,
the findings of fact and conclusions of and be experienced in the conduct of
law that are different than those of administrative hearings.
the examiner. (d) Time, date, and place of hearing. Upon a request for a hearing by the
8 1207.704 Administrative sanctions. former employee, the examiner shall (a) The final agency decision shall schedule a hearing as promptly as pos- be:
(1) The decision of the Associate exemption in section 207(f) for the Deputy Administrator on an appeal making of a communication solely for under $ 1207.703; or
the purpose of furnishing scientific or (2) The decision of the examiner technological information, he or she which shall become final if no appeal shall state to the NASA employee conis taken within the 30-day time limit. tracted, the following information:
(b) If the final decision of the (1) That he or she is a former govagency is that a violation of 18 U.S.C.
ernment employee subject to the post 207 (a), (b), or (c), or of implementing employment restrictions of 18 U.S.C. regulations has occurred, the follow
207 (a), (b), or (c)-specify which; ing sanctions may be ordered by the
(2) That he or she worked on certain Administrator against the former em
NASA programs-enumerate which; ployee:
and (1) Prohibiting the individual from
(3) That the communication is solely making, on behalf of any other person
for the purpose of furnishing scientific (except the United States), any formal
or technological information. or informal appearance before, or, with the intent to influence, any oral
(b) If the former government emor written communication to, NASA
ployee has questions as to whether the on any matter of business for a period
communication comes within the scinot to exceed 5 years, which may be
entific and technological exemption, accomplished by directing NASA em
he or she should contact the General ployees to refuse to participate in any
Counsel, the designated agency ethics such appearance or to accept any such
on communication; or
(2) Taking other appropriate disci- PART 1208-UNIFORM RELOCATION plinary action.
ASSISTANCE AND REAL PROPERTY (c) Any person found to have partici
ACQUISITION FOR FEDERAL AND pated in a violation of 18 U.S.C. 207
FEDERALLY ASSISTED PROGRAMS (a), (b), or (c) or implementing regulations under the procedures of this sub
AUTHORITY: Sec. 213, Uniform Relocation part may seek judicial review of the
Assistance and Real Property Acquisition administrative determination and
Policies Act of 1970, Pub. L. 91-646, 84 Stat. shall be notified of the opportunity of 1894 (42 U.S.C. 4601) as amended by the such review in the final decision of the Surface Transportation and Uniform Reloagency.
cation Assistance Act of 1987, Title IV of
Pub. L. 100-17, 101 Stat. 246-256 (42 U.S.C. Subpart H-Post-Employment
4601 note). Regulations
EDITORIAL NOTE: For additional information, see related documents published at 50
FR 8953, March 5, 1985, 52 FR 18768, May SOURCE: 54 FR 4003, Jan. 27, 1989; 55 FR
19, 1987, and 52 FR 45667, December 1, 9250, Mar. 12, 1990, unless otherwise noted.
1987. 8 1207.800 Scope of subpart.
8 1208.1 Uniform Relocation Assistance This subpart provides guidance to and Real Property Acquisition. former NASA government employees who are subject to the restrictions of
Regulations and procedures for comTitle V of the Ethics of Government
plying with the Uniform Relocation Act of 1978, as amended, and who
Assistance and Real Property Acquisiwant to communicate scientific or
tion Policies Act of 1970 (Pub. L. 91technical information to NASA.
646, 84 Stat. 1894, 42 U.S.C. 4601), as
amended by the Surface Transporta8 1207.801 Exemption for scientific and tion and Uniform Relocation Assisttechnological communications.
ance Act of 1987 (Title IV of Pub. L. (a) Whenever a former government
100-17, 101 Stat. 246-255, 42 U.S.C. employee who is subject to the con
4601 note) are set forth in 24 CFR straints of post-employment conflict
Part 24. of interest, 18 U.S.C. 207, wishes to (52 FR 48017, Dec. 17, 1987 and 54 FR 8912, communicate with NASA under the Mar. 2, 1989)
PART 1209-BOARDS AND
NASA and (2) relating to a contract COMMITTEES
made by any other agency when such
agency or the Administrator for FedSubpart 1-Board of Contract Appeals
eral Procurement Policy has designat
ed the NASA Board to decide the Sec.
appeal. In exercising this jurisdiction, 1209.100 Scope.
the Board is authorized to grant any 1209.101 Establishment.
relief that would be available to a liti1209.102 Authority and duties of the
gant asserting a contract claim in the Board. 1209.103 Membership.
United States Claims Court. 1209.104 Responsibilities of the Chairper
(b) The Board shall continue to act son.
for and exercise the full authority of
the Administrator in hearing and deSubpart 24[Reserved)
ciding all appeals in which, by the
terms of a contract executed prior to Subpart 3—Contract Adjustment Board
March 1, 1979, the contractor may 1209.300 Scope.
appeal to the Administrator from deci1209.301 Authority.
sions of the contracting officer. 1209.302 Establishment of Board.
(c) There shall be no administrative 1209.303 Functions of Board.
appeal from decisions rendered by the 1209.304 Membership.
Board. Either party to the dispute 1209.305 Legal advice and assistance.
may appeal a decision of the Board Subpart 4— Inventions and Contributions Board
under paragraph (a) of this section to
the United States Court of Appeals for 1209-400 Scope.
the Federal Circuit, as provided in sec1209.401 Establishment.
tion 10 of the Contract Disputes Act 1209.402 Responsibilities.
of 1978, 41 U.S.C. 609. 1209.403 Organizational location.
(d) The Board shall have all custom1209.404 Membership. 1209.405 Supporting services.
ary powers necessary for the performance of its duties including, but not
limited to, the authority to issue rules Subpart 1-Board of Contract
of procedure, to conduct hearings, disAppeals
miss appeals or other proceedings, call
witnesses, order the production of docSOURCE: 56 FR 8910, Mar. 4, 1991, unless
uments or other evidence, take official otherwise noted.
notice of facts within general knowl8 1209.100
edge, and decide all questions of fact Scope.
or law raised by the appeal. This subpart establishes the NASA
(e) A member of the Board may adBoard of Contract Appeals in accord minister oaths to witnesses, authorize ance with the Contract Disputes Act depositions and discovery proceedings, of 1978, 41 U.S.C. 601-613.
and require by subpoena the attend.
ance of witnesses, and production of 8 1209.101 Establishment.
books and papers, for the taking of The NASA Board of Contract Ap- testimony or evidence by deposition of peals was established by NASA Man in the hearing of an appeal. agement Instruction 2-4-1, June 25, (f) The member or members of the 1959, and was subsequently continued Board assigned to hear an appeal shall in effect by NASA Management In have authority to conduct prehearing struction (NMI) 1152.1. The Board is conferences, hold hearings, examine continued in effect by this subpart. witnesses, receive evidence and arg
ment, and report the evidence and ar8 1209.102 Authority and duties of the
gument to a designated panel of the Board.
Board. A single member of a panel (a) The Board, located at NASA may be assigned to hear and decide Headquarters, Washington, DC, shall motions which are not dispositive of have jurisdiction to decide any appeal the appeal. from a decision of a contracting officer (g) An appeal shall normally be ad(1) relating to a contract made by judicated by a panel of two or more
members. If a panel of two members is (e) The submission of a report, not unable to agree upon a decision, the less often than annually, to the AdChairperson may assign a third ministrator on the status of the member to consider the appeal. In the Board's activities. event of a vacancy on the NASA Board of Contract Appeals, or if the third
Subpart 2—[Reserved] member of the Board shall be disqualified or disabled, the Chairperson may assign a third member from another
Subpart 3—Contract Adjustment federal board of contract appeals to
Board consider the appeal.
AUTHORITY: Pub. L. 85-804 and 42 U.S.C. 8 1209.103 Membership.
2473(c)(1). (a) The Board shall consist of at SOURCE: 51 FR 28924, Aug. 13, 1986, unless least three members appointed by the otherwise noted. Administrator, one of whom shall be designated as Chairperson. A Vice
8 1209.300 Scope. Chairperson may also be designated This subpart continues in effect the from the appointed members. Mem Contract Adjustment Board (hereinbers may perform other duties, not in after referred to as “the Board”) to consistent with their primary duty, as
consider and dispose of requests for assigned by the Administrator. The
extraordinary contractual adjustments Board is responsible directly to the
by contractors of the National AeroAdministrator.
nautics and Space Administration (b) Members of the Board are
(hereinafter referred to as NASA). hereby designated Administrative Judges.
8 1209.301 Authority. (c) Members must be qualified in ac
(a) The Act of August 28, 1958 (50 cordance with the provisions of section 8(b)(1) of the Contract Disputes Act of
U.S.C. 1431-35) (hereinafter referred 1978, 41 U.S.C. 607(b)(1).
to as “the Act”), empowers the Presi. (d) No member of the Board shall
dent to authorize departments and consider an appeal if the member has
agencies exercising functions in conparticipated in any aspect of the
nection with the national defense to award or administration of a contract
enter into contracts or into amend. in dispute.
ments or modifications of contracts
and to make advance payments, with8 1209.104 Responsibilities of the Chair. out regard to other provisions of law person.
relating to the making, performance, The Chairperson of the Board of
amendment, or modification of conContract Appeals shall be responsible
tracts, whenever the President deems for:
that such action would facilitate the (a) The administration of the Board; national defense. (b) The assignment of a member or
(b) Executive Order No. 10789, dated members of the Board to act for the November 14, 1958 (23 FR 8897), auBoard in each appeal and the assign thorizes the Administrator, NASA, to ment of the panel of Board members exercise the authority conferred by to decide each appeal;
the Act and to prescribe regulations (c) The receipt and custody of all for the carrying out of such authority. papers and material relating to con (c) Federal Acquisition Regulation tract appeals; and
(FAR), Part 50, April 1, 1985, and (d) The designation of an acting NASA/FAR Supplement 84-2, Part Chairperson during the Chairperson's 18-50, October 19, 1984, establishes absence, disqualification, or disability standards and procedures for the diswho is empowered to exercise the position of requests for extraordinary powers of the Chairperson, provided a contractual adjustments by NASA Vice Chairperson has not been formal
contractors. ly designated;
8 1209.302 Establishment of Board.
Board (hereafter referred to as “the The Board was established on May
Board”). 15, 1961, and is continued in effect by
8 1209.401 Establishment. NASA Management Instruction (NMI) 1152.5 and this regulation.
Pursuant to the authority of the Na
tional Aeronautics and Space Act of 8 1209.303 Functions of Board.
1958 as amended (42 U.S.C. 2457(f) (a) The Board is authorized to act and 2458) and the Government Em. for and exercise the authority of the ployees Incentive Awards Act of 1954 Administrator in cases involving re- (5 U.S.C. 4501-6), the Board was estabquest by NASA contractors for ex. lished on December 4, 1958, and is fur. traordinary contractual adjustments ther continued in effect by this Subunder the Act. Such authority will be part 4. exercised in accordance with the standards and procedures established 8 1209.402 Responsibilities. by the Administrator, subject to such (a) Waiver of rights in inventions. limitations as the Administrator may
Under the authority of 42 U.S.C. prescribe.
2457(f) and pursuant to 14 CFR Part (b) The Board shall have the power
1245 Subpart 1 (NASA Management to approve, authorize or direct any
Instruction 5109.2), the Board will reaction, including the modification or
ceive and evaluate petitions for waiver release of any obligations, and to make
of rights of the United States to invendeterminations and findings which are
tions, accord each interested party an necessary or appropriate for the con
opportunity for a hearing, and transduct of its functions, and may adopt
mit to the Administrator its findings such rules of procedure as it considers
of fact as to such petitions and its recdesirable.
ommendations for action to be taken (c) The concurring vote of a majori
with respect thereto. ty of the total Board membership
(b) Patent licenses. Under the aushall constitute an action of the Board. Decisions of the Board shall be
thority of 35 U.S.C. 207(b) and pursufinal but the Board may reconsider
ant to 14 CFR Part 1245 Subpart 2 and modify, correct or reverse any
(NASA Management Instruction Board decision previously made.
5109.3), the Board will accord a licens
ee or applicant for license an opportu8 1209.304 Membership.
nity for a hearing with respect to an
appeal which raises a dispute over maThe Board will consist of a chairper
terial facts and will be responsible for son and four other members, all of
making findings of fact and forwardwhom shall be appointed by the Ad
ing them to the Administrator or desministrator.
ignee. 8 1209.305 Legal advice and assistance.
(c) Monetary awards for scientific
and technical contributions. (1) Under The General Counsel of NASA shall
the authority of 42 U.S.C. 2458 and provide the Board with all necessary
pursuant to 14 CFR Part 1240 (NASA advice and assistance.
Management Instructions 5700.1 and
5700.3), the Board will receive and Subpart 4— Inventions and
evaluate each application for award Contributions Board
for any scientific or technical contri
bution to the Administration which is AUTHORITY: 42 U.S.C. 2457(f) and 2458.
determined to have significant value SOURCE: 51 FR 3945, Jan. 31, 1986, unless in the conduct of aeronautical and otherwise noted.
space activities, will accord each appli
cant an opportunity for a hearing 8 1209.400 Scope.
upon such application, and will then This subpart describes the functions, transmit to the Administrator its recauthority, and membership of the ommendation as to the amount of the NASA Inventions and Contributions monetary award and terms of the