(4) That satisfactory arrangements cannot be accomplished by the field installation.

(b) Requests may be submitted for assistance in placement of orders, as well as to improve deliveries of orders already placed.

§ 18-52.403 Form, preparation, and routing of requests.

(a) Form BDSAF-138 shall be used for all special assistance requests. Copies of this form may be obtained from Department of Commerce field offices listed in section 9 of the PAM.

(b) The form shall be prepared in accordance with the instructions set forth in section 7-2, Exhibit 2, of the PAM and the NASA supplement. Block 23C through Block 26D of the form should be left blank for use of NASA Headquarters and the Department of Defense offices. The form may be prepared by any authorized field installation representative or by the prime contractor or subcontractors. Prime contractors may prepare forms for their subcontractors, if expedient. However, all forms prepared by contractors must be endorsed by a NASA representative who preferably shall be the DMS Officer of the installation administering the contract. Technical offices of field installations having reed for expediting assistance are urged to utilize the services of their local DMS Officer in preparing and processing special assistance requests.

(c) Special assistance requests on BDSAF-138 shall be transmitted in quintuplicate to the Procurement Office, NASA Headquarters (Code KDP-3). For emergency cases involving programs of highest national priority (DX), which warrant special handling to obtain immediate deliveries, requests will be accepted by telephone. Data transmitted by phone shall be confirmed by submission of a Form BDSAF-138 through regular mail channels. § 18-52.404 quarters.

Action by NASA Head

(a) After receipt of the Form BDSAF-138, a thorough exploration of the case will be undertaken with a view toward determining the specific deficiency (e.g., lack of capacity, prior higher priority orders, shortage of materials or parts, etc.). On the basis of the information developed, action will be

taken to resolve the case by informal arrangements with the supplier and applicant. If this action is unsuccessful, the case will be endorsed, through the Department of Defense, to the Bureau of Domestic Commerce (BDC). One of the following actions will be taken by (BDC):

(1) Arrangement of improved delivery dates by informal agreement with the supplier;

(2) Issuance of a DX rating; or

(3) Issuance of a directive requiring the supplier to produce or deliver the specified item by a specific date.

(b) The Procurement Office, NASA Headquarters (Code KDP-3) will maintain a followup of all cases received and notify field installations as to final disposition of individual cases.

[36 F.R. 25134, Dec. 29, 1971]
Subpart 18-52.5-Reporting
Materials Requirements

Requirements within NASA for materials shall be developed where it is the responsibility of NASA to provide or to insure provision of the materials to its contractors. Specifically excluded are the requirements for those programs, projects, boosters, vehicles, or spacecraft where, by agreement, provision of material requirements is the responsibility of the Department of Defense or other Government agency.

§ 18-52.502 Reporting responsibility.

(a) Scope of report. Field installations shall submit periodic estimates of requirements for materials listed in § 18-52.508 for all programs under their cognizance, including in-house and contractor requirements. Headquarters Program Offices shall submit periodic estimates of requirements for any existing or potential programs which may not be known to, or not under the cognizance of, a field installation. Reports shall be submitted in duplicate on NASA Form 558, Materials Requirements Report.

(b) Report due dates-NASA Headquarters. (1) The reports required by § 18-52.502 shall be forwarded so as to reach the Procurement Office, NASA Headquarters (Code KDP-3) no later than June 1 and December 1. Supplemental reports which advise of additions to or significant changes in previous reports shall be submitted at any time.

(2) The reports, covering all materials listed in § 18-52.508 due in June and December shall begin with requirements as of the following July 1 and January 1, respectively, and shall cover a 3-year period. Requirements shall be shown by month for the first 6 months, and by quarters for the remaining two and onehalf year period.

(c) Report due dates-Air Force. (1) The reports required by § 18-52.502 shall be forwarded so as to reach Headquarters San Antonio Air Materiel Area, Kelly Air Force Base, Tex., Attention: SAOS, no later than February 28, June 1, August 28, and December 1. Supplemental reports which advise of additions to or significant changes in previous reports shall be submitted at any time.

(2) The reports covering all materials (listed in $ 18-52.508) which are obtained pursuant to § 18-5.701 that are due in June and December shall begin with requirements as of the following July 1 and January 1 respectively, and shall cover a 3-year period. Requirements shall be shown by month for the first 6 months, and by quarters for the remaining two and one-half year period.

(3) The reports due in February and August shall begin with the following April 1 and October 1, respectively and cover a 6-months period by month. These reports shall be limited to requirements for liquid oxygen, liquid nitrogen, hydrazine, UDMH, MMH, UDMH/hydrazine mix, and nitrogen tetroxide that are obtained pursuant to § 18-5.701.

[36 F.R. 21513, Nov. 10, 1971]

§ 18-52.503 Report content.

The reports required by § 18-52.502 shall be made using a separate report form for each material and shall provide the following information for each item of material:

(a) Contract number;

(b) Program and/or project;

(c) Specific task within project;

(d) End use when not associated with named program or project;

(e) Name of contractor;

(f) Specific location of use (shipping destination), and

(g) Planned source of supply.

In addition to the above, requirements for helium should be further classified by use as either Missile Systems and Astronautics, Aerology (include Weather Research), Aeronautical Research (include Wind Tunnels), Welding, or other specific use. Detailed instructions for the preparation of NASA Form 558 appear at the bottom of the form.

§ 18-52.504 Basis for developing materials requirements.

In computing requirements, consideration shall be given to such elements as lead time, waste factors, transfer, and storage losses so that phased requirements reflect the total gross quantities required to be delivered to the use or storage site. Since the requirements estimates are being used by other Government agencies acting as supply sources to actually contract for materials, estimates must be as accurate as possible. § 18-52.505 Solicitation of data from

contractors.

Estimated requirements and other pertinent data required from contractors shall be obtained on NASA Form 1057, Forecast of Propellant Requirements, and Bureau of the Budget Approval No. 104-RO24 shall be cited.

§ 18-52.506 Availability of forms.

Supplies of NASA Forms 558 and 1057, specified for use in this subpart, may be obtained from NASA Headquarters, Administrative Services Division, Code DHA-42. Local reproduction is not authorized.

§ 18-52.507 NASA Headquarters review.

The Procurement Office, NASA Headquarters (Code KDP-3) shall be responsible for consolidating reports from installations and Headquarters Program Offices, and for coordinating the review of all data with the Headquarters Program Offices. The data will then be used as the basis for NASA requirements reports to various Government agencies for planning and supply support.

Appendix A-NASA Management

Instructions 5154.2

SOURCE: The provisions of Appendix A appear at 36 F.R. 15630, Aug. 17, 1971.

SUBJECT: Contract Appeal Procedures.

NMI 5154.2 FEBRUARY 28, 1969 (Effective date)

MANAGEMENT INSTRUCTION

SUBJECT: Contract Appeal Procedures. 1. Purpose. This Instruction prescribes the procedures for the adjudication of appeals before the NASA Board of Contract Appeals arising from NASA contracts.

2. Authority. Under provisions of NMI 1152.1A, the Board of Contract Appeals is authorized to act for the Administrator in hearing, considering, and deciding appeals by NASA contractors from the findings of fact and final decisions of NASA contracting officers or their authorized representatives made under the color of the "Disputes" clause of a NASA contract. Under paragraph 3b, the Board is granted the authority to issue its rules of procedure.

3. Notice of Appeal. An appeal from the findings of fact and final decision of a NASA contracting officer (or his representative if such representative has been authorized by the contracting officer to make final decisions pursuant to the "Disputes" clause) shall be made by submitting a notice in writing addressed to the Board of Contract Appeals (hereinafter referred to as the Board), National Aeronautics and Space Administration, Washington, D.C. 20546. Such notice shall be filed within 30 days from the date of receipt of the written decision of the contracting officer or his authorized representative, unless otherwise provided in the contract. The original notice, together with two copies thereof, shall be mailed to or filed with the contracting officer from whose final decision the appeal is taken. The notice of appeal shall indicate that an appeal is thereby intended, and shall identify the contract (by number), the contracting officer, and specify the portion of the findings of fact and final decision from which the appeal is taken; however, an appeal shall not be deemed invalid if the notice expresses a desire for a review of a final adverse decision. The notice shall be signed by the contractor or his representative. A suggested form of notice of appeal is set forth in Attachment A. Upon receipt of the notice of appeal from the contracting officer, the Board shall notify the contractor that the appeal has been docketed and shall furnish the contractor with a copy of these rules.

4. Action by Contracting Officer. a. When a notice of appeal in any form has been received by the contracting officer, he shall endorse thereon the date of mailing or the date of receipt if otherwise filed, and shall forward the original of such notice immed1ately to the Chairman of the Board for

docketing. The notice of appeal shall be accompanied with a copy of the contracting officer's final decision. Within 20 days from the date of receipt of the notice of appeal, the contracting officer shall transmit one copy of the notice of appeal to the General Counsel for use of Government counsel and one copy to the Board. The Board's copy shall be accompanied with a file consisting of:

(1) The findings of fact and the final decision from which the appeal is taken;

(2) All documents relied upon in making the findings and final decision;

(3) A copy of the contract and specifications, pertinent plans, amendments, and change orders;

(4) All correspondence between the parties relating to the dispute;

(5) Transcripts of any testimony taken in connection with the dispute and any affidavits or statements of any witnesses that were made prior to the notice of appeal; and (6) Such additional information as the contracting officer may consider material.

b. True copies may be substituted for originals in this file. The file shall be appropriately indexed, and three copies of the index shall accompany the file. The Board shall forward a copy of the index to the Appellant. 5. Designation of Government Counsel. Upon receipt of the copy of notice of appeal from the contracting officer, the General Counsel shall promptly designate counsel to represent the interests of the Government. Government counsel shall file a notice of appearance with the Board, and notice thereof shall be given promptly to the contractor by the Board.

6. Petition. a. A petition in support of the appeal shall be filed by the appellant with the Board within 30 days after receipt of notice from the Board that the appeal has been docketed or within such longer period of time as may be allowed by the Board. A supporting brief may also be filed. The petition shall set forth:

(1) A summary of the decision of the contracting officer on the dispute from which the appeal is taken; and

(2) A simple, concise, and direct statement of each claim upon which the contractor relies and the reasons why the findings or decision are deemed erroneous.

b. Documentary evidence in support of claims may be filed as exhibits to the petition. Exhibits shall be plainly listed and identified in the petition. An original and two copies of the petition and exhibits shall be filed. Upon receipt thereof the Board shall forward a copy of the petition to counsel for the Government and a copy to the contracting officer.

7. Answer. a. Within 30 days after receipt of the petition, or within such longer period of time as may be allowed by the Board, counsel for the Government shall prepare and file with the Board an answer thereto. The answer shall set forth simple, concise, and direct statements of the Govern

ment's position on each claim asserted by the contractor. A supporting brief may also be filed.

b. Documentary evidence in support of the Government's position may be filed as exhibits to the answer. All documents filed as exhibits to the answer shall be plainly listed and identified in the answer. An original and two copies of the answer and exhibits shall be filed with the Board. Upon receipt thereof the Board shall forward a copy of the answer to the contractor or his attorney and a copy to the contracting officer.

8. Reply. The contractor may file a reply within 15 days after receipt of the answer of counsel for the Government.

9. Appeal File-Inspection of File. The appeal file shall consist of the notice of appeal, documents required to be filed pursuant to paragraph 5, the petition and exhibits thereto, the answer and exhibits attached thereto, all papers filed by the parties with the Board pursuant to instructions contained herein, and all correspondence exchanged between the Board and the parties or their attorneys. The appeal file shall be available for inspection by the appellant and Government counsel at the offices of the Board or the office of the contracting officer.

10. Amendments to Petition and Answer. At any time before oral hearing or before submission of a case by the parties without an oral hearing, the Board at its discretion may permit a party, within the proper scope of the appeal, to amend its petition or answer, upon conditions just to both parties. The Board, at its discretion or upon application by a party, may order a party to make a more definite statement of its petition or answer, or to reply to an answer. When issues within the proper scope of the appeal but not raised by the petition and answer are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised therein. If evidence is objected to at the hearing on the ground that it is not within the issues made by the petition and answer, the Board may allow the pleadings to be amended within the proper scope of the appeal and shall do so freely when the presentation of the merits of the action will be served thereby and the objecting party fails to satisfy the Board that the admission of such evidence would prejudice him in maintaining his case or defense upon the merits. The Board may however, grant a continuance to enable the objecting party to meet such evidence.

11. Trial Briefs. The Board at its discretion may order the submission of trial briefs prior to oral hearing.

12. Motions to Dismiss for Lack of Jurisdiction. Defenses which go to the jurisdiction of the Board shall be raised by motion. However, the Board shall be deemed to have jurisdiction over any appeal, if timely filed, arising from the findings of fact and final decision of a NASA contracting officer or his authorized representative pursuant to the

"Disputes" clause of a NASA contract. Filing of motions to dismiss for lack of jurisdiction shall not be unreasonably delayed. Motions to dismiss for lack of jurisdiction shall, upon application of either party, be heard and determined before oral hearings on the merits. The Board, however, has the right at any time to recognize its lack of jurisdiction to proceed in a particular case.

13. Failure to State a Case. If, after completion of the pleadings, the Board finds that the appellant has failed to state a case on which any relief could be granted by the Board, the Board may give notice to the appellant to show cause why the appeal should not be dismissed on the ground that no useful person would be served by setting the case for oral hearing on the merits. The appellant, in such event, will be afforded an opportunity to be heard orally for the purpose of showing cause why the appeal should not be dismissed on that ground and, if the appellant so desires, to move to amend the petition within the proper scope of the appeal. If the Board thereafter finds that the appellant has failed to show cause, and finds that the petition, with such amendments as may be offered by the appellant, fails to state a case on which the Board could grant relief, the appeal shall be dismissed.

14. Depositions and Discovery. a. Deposisitions:

(1) When Depositions May Be Taken. After an appeal has been filled with the Board, either party, upon notice, may take the testimony of any person by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence or for both purposes.

(2) Scope for Examination; Cross-Examination. The deponent may be examined regarding any matter, not privileged, which is relevant and provided only that the testimony sought appears reasonably calculated to provide admissible evidence. The deponent may be cross-examined with respect to the subject matter of the deposition.

(3) Before Whom Taken. Depositions shall be taken before an officer authorized to administer oaths at the place of examination.

(4) Notice. Except as otherwise agreed to by the parties, the party taking the deposition shall give the opposing party at least a 15-day written notice of the time and place where the deposition is proposed to be taken, the name and address of the witness, if known, and if the name is not known, a general description sufficient to identify him for the particular class or group to which he belongs.

(5) Deposition Upon Written Interrogatories. If the deposition is to be upon written interrogatories, the notice shall be accompanied with a copy of the interrogatories; and within 10 days after receipt of the notice, the party served may serve cross-interrogatories to be propounded to the witness by forwarding them to the party proposing to take the deposition.