§ 1240.100 Scope.

This Subpart 1 prescribes procedures for the granting of monetary awards by the Administrator of the National Aeronautics and Space Administration for scientific and technical contributions having significant value in the conduct of aeronautical and space activities. This subpart applies to any scientific or technical contribution having significant value in the conduct of aeronautical and space activities for which an application for award has been made.

(a) Only those contributions to the Administration having significant value in the conduct of aeronautical and space activities will be recommended for award under this Subpart 1.

(b) In determining the terms and conditions of any award, the following criteria will be considered:

(1) The value of the contribution to the United States;

(2) The aggregate amount of any sums which have been expended by the applicant for the development of such contribution;

(3) The amount of any compensation (other than salary received for services rendered as an officer or employee of the Government) previously received by the applicant for or on account of the use of such contributions by the United States; and

(4) Such other factors as the Administrator shall determine to be material. § 1240.102 Applications for awards.

(a) Eligibility. Applications for award may be submitted by any person including any individual, partnership, corporation, association, institution, or other entity.

(b) Information Required. Applications for award should be addressed to the Inventions and Contributions Board (herein referred to as the Board), National Aeronautics and Space Administration, Washington, D.C., and shall contain:

(1) The name and address of the applicant, his relationship to the contributor if the contribution is made by one other than the applicant, and the names and addresses of any others having an interest in the contribution;

(2) A complete written description of

the contribution, in the English language, accompanied by drawings, sketches, diagrams, or photographs illustrating the nature of the contribution and the technical and scientific principles upon which it is based, and any available test or performance data or observations of pertinent scientific phenomena;

(3) The date and manner of any previous submittal of the contribution to any other U.S. Government agency, and the name of such agency;

(4) The aggregate amount of any sums which have been expended by the applicant for the development of the contribution;

(5) The nature and extent of any known use of the contribution by the United States and by any agency of the U.S. Government;

(6) The amount of any compensation (other than salary received for services rendered as an officer or employee of the Government) previously received by the applicant for or on account of the use of such contribution by the United States; and

(7) Identification of any United States and foreign patents applied for or issued relating to the contribution.

(c) General. (1) Each contribution should be made the subject of a separate application in order that each may be evaluated individually.

(2) Material constituting a possible hazard to safety or requiring unusual storage facilities should not be submitted, and will not be accepted. In those few cases where models or other intricate exhibits have been submitted pursuant to a request made by the Board the same will be returned to the applicant upon his written request...

(3) It is the policy of the Board to use or disclose information contained in applications for evaluation purposes only. Applications submitted with restrictive legends or statements differing from this policy shall be treated in accordance with the Board's policy.

§ 1240.103 Evaluation of contributions.

(a) The Board will evaluate the contribution on the basis of the material submitted by the applicant.

(b) With respect to each application, the Board will notify the applicant:

(1) In cases where it proposes to rec

ommend to the Administrator the granting of an award, the amount and terms of the award, together with a statement of the reasons for such recommendation;

(2) In cases where it does not propose to recommend to the Administrator the granting of an award, a brief statement of the reasons for such decision; and

(3) That he may, within such period as the Board may set but in no event less than 30 days from notification, request either reconsideration or an oral hearing.

(c) If the applicant requests a hearing within the time set, the Board will set a place and date for such hearing and notify the applicant.

§ 1240.104 Hearing procedure.

Hearings held by the Board shall be in accordance with the following procedures:

(a) The applicant may be represented by attorneys or any other appropriately designated persons.

(b) Hearings will be open to the public unless the applicant requests that a closed hearing be held.

(c) Hearings may be held before the full membership of the Board or before any panel of Board members designated by the Chairman.

(d) Hearings shall be conducted in an informal manner with the objective of providing the applicant with a full opportunity to present evidence and arguments in support of the application. Evidence may be presented through means of such witnesses, exhibits, and visual aids as are arranged for by the applicant. While proceedings will be ex parte, members of the Board, and its counsel may address questions to witnesses called by the applicant, and the Board may, at its option, utilize the assistance of technical advisors or other experts.

(e) Subject to the provisions of § 1240.102 (c) (2), the applicant will submit a copy of any exhibit or visual aid utilized unless otherwise directed by the Board. The Board may, at its discretion, arrange for a written transcript of the proceedings and a copy of such transcript will be made available by the recorder for purchase by the applicant.

(f) No funds are available to defray traveling expenses or any other cost to the applicant.

Under subsection 306(b) (1) of the National Aeronautics and Space Act of 1958, no award will be made to an applicant unless he submits a duly executed release, in a form specified by the Administrator, of all claims he may have to receive any compensation (other than the award recommended) from the U.S. Government for use of his contribution or any element thereof by or on behalf of the United States or any foreign government pursuant to any existing or future treaty or agreement with the United States.

Subpart 2-Awards for Reported

Technical and Scientific Contributions-NASA and Contractor Employees

AUTHORITY: The provisions of this Subpart 2 issued under the authority of 42 U.S.C. 2457(f), 2458 and 2473 (b) (1).

SOURCE: The provisions of this Subpart 2 appear at 33 F.R. 18574, Dec. 14, 1968, unless otherwise noted.

This 1240.200 establishes the revised policy for making awards to employees of NASA and NASA contractors for technical and scientific contributions reported to NASA which are determined to have significant value in the conduct of aeronautical and space activities.

§ 1240.200-2 Applicability.

Subpart 1240.2 applies to any scientific or technical contribution which is a major scientific or technical development that (a) advances the state of knowledge in space or aeronautical activities, or (b) is the subject of a NASA Tech Brief or a U.S. patent application; and relates to the actions to be taken with respect to each.

Suitable monetary awards shall be made to employees of NASA and NASA contractors for scientific and technical contributions, whether or not patentable, when determined to have significant value in the conduct of aeronautical and space activities.

§ 1240.200-6 General provisions.

(a) Each contribution which is a major scientific or technical development that will advance the state of knowledge in space or aeronautical activities, although not the subject of a published NASA Tech Brief or a U.S. patent application, shall be worthy of an award. The amount of such award shall be subject to a separate determination in each instance.

(b) Each contribution on which a NASA Tech Brief is published shall be considered to be worthy of an award in at least the amount of $25, and an award in at least that amount shall normally be given to each individual originating the contribution.

(c) Each contribution on which a U.S. patent application is filed shall be considered to be worthy of an award in at least the amount of $50, and an award in at least that amount shall normally be made to each individual originating the contribution.

(d) Where a Tech Brief is issued and a patent application is filed on the same contribution, the minimum award under paragraphs (b) and (c) of this section

(a) A NASA Headquarters Office, NASA Field Installation or a NASA contractor may submit to the Inventions and Contributions Board an application for an award to the originator or originators of any scientific or technical contribution developed during the performance of a NASA program or contract which is considered to be of major importance in advancing the state of knowledge in space or aeronautical activities although not the subject of a NASA Tech Brief or on which a United States patent application is filed.

(b) When the Inventions and Contributions Board (hereafter called "Board") is notified of the issuance of a Tech Brief by the Office of Technology Utilization, NASA Headquarters, or the filing of a patent application, on a contribution submitted by an employee of NASA or a NASA contractor, it will take action to make the applicable minimum awards as set forth in paragraphs (b), (c), and (d) of § 1240.200-6.

(c) The Board will also consider for an additional award a contribution submitted by an employee of NASA in such amount as determined merited and to an employee of a NASA contractor, under the provisions of section 306 of the Space Act, if it considers that the contribution is of a value of $250 or more.

(d) Where two or more persons are responsible for the contribution, the Board will determine the amount to be

paid to each contributor. In the case of minimum awards reported under paragraph (b) of this § 1240.201-2, each contributor will receive the minimum amount.

(e) When contributions (as first reported and evaluated) are not considered to merit an award, as provided for in paragraphs (a) and (b) of this section, or for an additional award as provided for in paragraph (c) of this section but later are shown to have proven value, they may be submitted for reevaluation. NASA offices and contractors will be encouraged to review periodically such reported contributions and resubmit them for reconsideration through the same channels as originally reported.

§ 1240.201-3 Presentation of awards.

(a) All monetary awards and accompanying written acknowledgments to employees of NASA will be presented to the employee in an appropriate ceremony by the appropriate Official-inCharge of the Headquarters Office or Director of the Field Installation (or their designee).

(b) All monetary awards and accompanying written acknowledgments given to employees of NASA contractors will be forwarded to the contractors for presentation.

Under provisions of Subpart 1209.1 of this chapter, 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 § 1209.102(b) of this chapter, the Board is granted the authority to issue its rules of procedure. § 1241.102 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 § 1241.124. 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.

§ 1241.103 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 filled, and shall forward the original of such notice immediately 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. § 1241.104

counsel.

Designation of Government

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