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value in the conduct of aeronautical and space activities.
8 1240.203 General procedures.
(a) A NASA Headquarters office, a NASA field installation or a NASA contractor may submit to the Inventions and Contributions Board (hereafter referred to as "the Board”) an application for an award to the originator or originators of any scientific or technical contribution conceived or developed during the performance of a NASA program or contract, and considered to be of value in advancing the state of knowledge in space or aeronautical activities, whether or not it is the subject of a NASA tech brief or of a U.S. patent application. The Board will recommend such a contribution for award when, upon evaluation of its scientific and technical merits, it is determined to warrant a minimum award of at least $100. Following determination of the specific amount of an award by the Board, its recommendation in that amount shall be submitted to the Administrator or his designee for approval. If two or more persons are responsible for the contribution, the Board will specify the amount to be awarded to each individual.
(b) When the Board receives written notice (NASA Form 1548) that the Assistant General Counsel for Patent Matters or the cognizant Patent Counsel at a NASA field installation has authorized the filing of a patent application for an invention made and reported by an employee of NASA or a NASA contractor, the Board shall recommend to the Administrator or his designee that an initial award of at least $100 be granted, and an award in at least that amount shall normally be granted to each inventor. If, upon subsequent evaluation, the significance of such an invention warrants an award greater than this established minimum, or later appreciates due to increased application or to the identification of new applications, the Board is authorized to recommend a supplemental award in an amount that shall be based on the evaluation or reevaluation of its technical and commercial merits.
(c) When the Board receives written notice (NASA Form 1546) that the
Technology Utilization Officer at a NASA field installation has approved for publication a NASA tech brief based on an innovation made and reported by a NASA or NASA contractor employee, it shall recommend to the Administrator or his designee that an initial award of at least $50 be granted, and an award in at least that amount shall be granted to each origi. nator of the innovation.
(d) When a tech brief has been approved for publication and the filing of a patent application has been authorized for the same contribution, the initial awards authorized in paragraphs (b) and (c) above shall be cumulative.
(e) Awards authorized in paragraphs (a), (b), and (c) of this section shall not be granted to a contributor who has previously received full compensation for, or on account of, the use of such a contribution by the United States.
(f) If a contribution, as first reported and evaluated, is judged not to merit either a minimum or a supplemental award as provided for in paragraphs (a), (b), or (c) of this section, but is later proved to be of significant value, it may be submitted for reevaluation. Responsible NASA and NASA contractor officials are encouraged to review periodically such reported contributions, and to resubmit them for reconsideration through the same channels as originally reported.
$ 1240.204 Presentation of awards.
(a) All monetary awards and accompanying acknowledgements to employees of NASA will be presented in a formal ceremony by the appropriate Official-in-Charge at the Headquarters Office, or by the Director of the cognizant field installation or his designee.
(b) All monetary awards and accompanying written acknowledgements to employees of NASA contractors will be forwarded to contractor officials for suitable presentation.
8 1240.205 Financial accounting.
(a) The Award Check Receipt (NHQ DIV Form 622), which accompanies the transmittal of each group of award PART 1241–CONTRACT APPEALS
Subpart 1241.1-General Procedures
Sec. 1241.10 Scope.
checks from the Board, will be dated and signed by the responsible Award Liaison Officer/Technology Utilization Officer and returned to the Inventions and Contributions Board without delay.
(b) Not later than December 10 of each year, the responsible field installation official shall submit a report certifying that all award checks, which were issued and received by the field installation during the year, have been delivered to the proper NASA and NASA contractor employees. In the case of those checks that have not been delivered by December 10, the certification report will be accompanied by all undelivered checks and a brief explanation of the reasons for the failure to make delivery. This annual certification report is essential in order to assure that income and withholding tax totals for all awardees are correct and complete at the close of each calendar year.
PREFACE TO THE RULES 1241.11 Authority and jurisdiction of the
Board. 1241.12 Location and organization of the
Board. 1241.13 Decisions on questions of law. 1241.14 Board of Contract Appeals proce
PRELIMINARY PROCEDURES 1241.101 Appeals, how taken. 1241.102 Notice of appeal, contents of. 1241.103 Forwarding of appeals. 1241.104 Preparation, contents, organiza
tion, forwarding and status of appeal
file. 1241.105 Dismissal for lack of jurisdiction. 1241.106 Pleadings. 1241.107 Amendments of pleadings or
record. 1241.108 Hearing election. 1241.109 Prehearing briefs. 1241.110 Prehearing or presubmission con
ference. 1241.111 Submission without a hearing. 1241.112 Optional accelerated procedure. 1241.113 Settling the record. 1241.114 Discovery-depositions. 1241.115 Interrogatories to parties, admis
sion of facts, and production and inspec
tion of documents. 1241.116 Service of papers.
§ 1240.206 Delegation of authority.
(a) The Associate Administrator for Management Operations is delegated authority to execute grants of awards for significant scientific or technical contributions not exceeding $1000 per contribution, when in accordance with the recommendation of the Inventions and Contributions Board and in conformity with applicable law and regulations.
(b) The Chairman of the Inventions and Contributions Board is delegated authority to execute grants of initial awards upon the decision to file for a patent application, and upon the decision to publish a NASA tech brief.
(c) No redelegation is authorized except by virtue of succession.
(d) The Chairman of the Inventions and Contributions Board shall insure that feedback is provided to the Administrator through official channels to keep him fully and currently informed of significant actions, problems, or other matters of substance related to the exercise of the authority delegated in this section.
HEARINGS 1241.117 Where and when held. 1241.118 Notice of hearings. 1241.119 Unexcused absence of a party. 1241.120 Nature of hearings. 1241.121 Examination of witnesses. 1241.122 Copies of papers. 1241.123 Posthearing briefs. 1241.124 Transcript of proceedings. 1241.125 Withdrawal of exhibits.
1241.126 The appellant. 1241.127 The respondent.
DECISIONS 1241.128 Decisions.
MOTION FOR RECONSIDERATION 1241.129 Motion for reconsideration.
1241.130 Dismissal without prejudice. 1241.131 Dismissal for failure to prosecute. Sec.
Ex PARTE COMMUNICATIONS 1241.132 Ex parte communications.
SANCTIONS 1241.133 Sanctions.
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
AUTHORITY: 42 U.S.C. 2473(b)(1).
SOURCE: 42 FR 42679, Aug. 24, 1977, unless otherwise noted.
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
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. 1241.221 Subpoenas. 1241.222 Copies of papers. 1241.223 Posthearing briefs. 1241.224 Transcript of proceedings. 1241.225 Withdrawal of exhibits.
§ 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 decisions of contracting officers arising under contracts which contain provisions 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 assigned by the Administrator. The Board has authority to determine appeals falling within the scope of its jurisdiction as fully and finally as might the Administrator.
(b) Under $ 1209.102(b) of this chapter, the Board is granted the authority to issue its rules of procedure. $ 1241.12 Location and organization of
the Board. (a) The Board is located in Washington, D.C., and its mailing address is The Board of Contract Appeals, National Aeronautics and Space Administration, Washington, D.C. 20546.
(b) The Board consists of a Chairman and two other members, all of whom shall be attorneys at law duly licensed by any state or the District of Columbia, and who have significant experience in Government procurement law. In general, the appeals are assigned to a panel of at least two members of the Board. If a panel of two members is unable to agree upon a decision, the Chairman may assign a third member to consider the appeal. The Chairman is designated as Chief Administrative Judge and the other Board members are designated as Administrative Judges.
(c) Preliminary procedures. Preliminary procedures are available to encourage full disclosure of relevant and material facts, and to discourage unwarranted surprise.
(d) Time, computation, and extensions. (1) All time limitations specified for various procedural actions computed as maximums, and are not to be fully exhausted if the action described can be accomplished in a lesser period. These time limitations are similarly eligible for extension in appropriate circumstances, on good cause shown.
(2) Except as otherwise provided by law, in computing any period of time prescribed by these rules or by any order of the Board, the day of the event from which the designated period of time begins to run shall not be included, but the last day of the period shall be included unless it is a Saturday, Sunday, or a legal holiday, in which event the period shall run to the end of the next business day.
(3) Requests for extensions of time from either party shall be mde in writing and stating good cause therefor.
§ 1241.101 Appeals, how taken.
Notice of an appeal must be in writing and the original, together with two copies, may be filed with the contracting officer from whose decision the appeal is taken. The notice of appeal must be mailed or otherwise filed within the time specified therefor in the contract or allowed by applicable provision of directive or law.
$ 1241.13 Decisions on questions of law.
When an appeal is taken pursuant to a Disputes clause in a contract which limits appeals to disputes concerning questions of fact, the Board may, in its discretion, hear, consider, and decide all questions of law necessary for the complete adjudication of the issue. In the consideration of an appeal should it appear that a claim is involved which is not cognizable under the terms of the contract, the Board may make findings of fact with respect to such a claim without expressing an opinion on the question of liability. 8 1241.14 Board of Contract Appeals pro
cedure. (a) Rules. Appeals referred to the Board are handled in accordance with the rules of the Board.
(b) Administration and interpretation of rules. Emphasis is placed upon the sound administration of these rules in specific cases, because it is impracticable to articulate a rule to fit every possible circumstance which may be encountered. These rules will be interpreted so as to secure a just and inexpensive determination of appeals without unnecessary delay.
$ 1241.102 Notice of appeal, contents of.
A notice of appeal should indicate that an appeal is thereby intended and should identify the contract (by number), and the final decision of the contracting officer from which the appeal is taken. The notice of appeal should be signed personally by the appellant (the contractor making the apppeal), or by an officer of the appellant corporation or member of the appellant firm, or by the contractor's duly authorized representative or attorney. The complaint referred to in § 1241.106 may be filed with the notice of appeal, or the appellant may desig(2) Personal Articles—NASA Employees:
(i) Business calling cards of NASA employees may carry the imprint of the NASA Logotype.
(ii) Limited usage on automobiles. If determined appropriate by the cognizant installation official, it is acceptable to place a NASA Logotype sticker on personal automobiles where such identification will facilitate entry or control of such vehicles at NASA installations or parking areas.
(iii) Personal items used in connection with officially recognized NASA employees' recreation association activities.
(iv) Items for sale through NASA employees' non-appropriated fund activities.
(3) Use of the NASA Logotype for any other purposes than those prescribed herein is prohibited, except that the Assistant Administrator for Public Affairs may authorize on case-by-case basis the use of the NASA Logotype for other purposes when in his judgment such use would be appropriate.
(c) NASA Program and Astronaut Badges. (1) Official NASA Program and Astronaut Badges will be restricted to the uses set forth in this paragraph (c) and to such other uses as the Assistant Administrator for Public Affairs may specifically approve.
(2) Specific approval is given for the following uses:
(i) Use of exact reproductions of a badge in the form of a patch made of cloth or other material, a decal, or a gummed sticker, on articles of wearing apparel and personal property items; and
(ii) Use of exact renderings of a badge on a coin, medal, plaque or other commemorative souvenirs.
(3) The manufacture and sale or free distribution of badges for the uses approved or that may be approved under paragraphs (c)(1) and (2) of this section are authorized.
(4) Portrayal of an exact reproduction of a badge in conjunction with the advertising of any product or service will be approved on a case-by-case basis by the Assistant Administrator for Public Affairs.
(5) The manufacture, sale or use of any colorable imitation of the design of an official Astronaut or Program Badge will not ordinarily be approved.
(d) The NASA Flag. (1) The NASA Flag is authorized for use only as follows:
(i) On or in front of NASA installation buildings.
(ii) At NASA ceremonies.
(iii) At conferences (including display in NASA conference rooms).
(iv) At governmental or public appearances of NASA executives.
(v) In private offices of senior officials.
(vi) As otherwise authorized by the Administrator or his designee.
(2) The NASA Flag must be displayed with the United States Flag. When the United States Flag and the NASA Flag are displayed on a speaker's platform in an auditorium, the United States Flag must occupy the position of honor and be placed at the NASA representative's right as he faces the audience, with the NASA Flag at his left.
(e) The Administrator's, Deputy Administrator's and Associate Administrator's Flags. These flags shall be displayed with the United States Flag in the respective offices of these officials but may be temporarily removed for use at the discretion of the officials concerned.
8 1221.111 Approval of new or change pro
posals. (a) Any proposed change to the design and description of the NASA Insignia set forth in Attachment B or to the NASA Logotype set forth in Attachment C requires the written approval of the Administrator and submission to the Commission of Fine Arts for its advice as to the merit of the design.
(b) Any proposed new insignia or logotype and its use must be approved in writing by the Administrator and submitted to the Commission of Fine Arts for its advice as to the merit of the design. If approved by the Administrator and advice received from the Commission of Fine Arts the insignia and use of such insignia or logotype must be prescribed in this part 1221