Page images

[41 FR 53652, Dec. 8, 1976, as amended at 43 FR 52215, Nov. 9, 1978)



Subpart 1-Board of Contract Appeals

Sec. 1209.100 Scope. 1209.101 Establishment. 1209.102 Authority and duties of the

Board. 1209.103 Membership. 1209.104 Responsibilities of the chairman. 1209.105 NASA legal representation.

Subpart 2—[Reserved)

Subpart 3—Contract Adjustment Board

1209.300 Scope. 1209.301 Authority. 1209.302 Establishment of Board. 1209.303 Functions of Board. 1209.304 Membership. 1209.305 Legal advice and assistance.

8 1209.102 Authority and duties of the

Board. (a) The Board, located at NASA Headquarters, Washington, D.C., acts for and exercises the full authority of the Administrator in hearing and deciding all cases in which, by the terms of a contract, the contractor may appeal to the Administrator from decisions of the contracting officer. There shall be no administrative appeal from decisions rendered by the Board.

(b) The Board shall have all customary powers necessary for the performance of its duties, including, but not limited to, the authority to issue rules of procedure, to conduct hearings, dismiss appeals or other proceedings, call witnesses, order the production of documents or other evidence, take official notice of facts within general knowledge, and decide all questions of fact or law raised by the appeal.

(c) The member or members of the Board assigned to hear an appeal shall have the authority to conduct prehearing conferences, hold hearings, examine witnesses, receive evidence and argument, and report the evidence and argument to a designated panel of the Board. A single member of a panel may be assigned to hear and decide motions which are not dispositive of the appeal.

(d) An appeal shall be adjudicated by a panel of two or more members, which may include ad hoc members. If a panel of two members is unable to agree upon a decision, the Chairman may assign a third member to consider the appeal.

Subpart 4–Inventions and Contributions Board 1209.400 Scope. 1209.401 Establishment. 1209.402 Responsibilities. 1209.403 Organizational location. 1209.404 Membership. 1209.405 Supporting services.

AUTHORITY: Sec. 203, 72 Stat. 429, 42 U.S.C. 2473, except as otherwise noted.

Subpart 1-Board of Contract


SOURCE: 39 FR 14503, Apr. 14, 1974, unless otherwise noted.

$ 1209.100 Scope.

This subpart establishes the NASA Board of Contract Appeals as a fulltime Board and prescribes its authority, duties, and membership.

$ 1209.103 Membership.

(a) The Board shall consist of three members appointed by the Administrator, one of whom shall be designated as Chairman. Members may perform other quasijudicial duties as assigned by the Administrator. The Board is responsible directly to the Administrator.

(b) Members of the Board hereby designated Administrative Judges.

(c) Members must be qualified attorneys who have been admitted to practice before the highest court of any state or the District of Columbia and

§ 1209.101 Establishment.

The NASA Board of Contract Appeals was established by NASA Management Manual Instruction 2-4-1, June 25, 1959, and was subsequently continued in effect by NASA Management Instruction 1152.1A, April 1, 1968, and NASA Management Instruction 1152.1B, October 28, 1970. The Board is continued in effect by this subpart.


60-037 0–80——8

consider and dispose of requests for extraordinary contractual adjustments by contractors of the National Aeronautics and Space Administration (hereinafter referred to as NASA).

who have significant experience in Government procurement law.

(d) Additional members, meeting the requirements of paragraph (c) of this section, but not currently serving as attorneys for NASA, may be designated by the Administrator to serve on the Board on an ad hoc basis for the adjudication of particular appeals.

(e) No member of the Board shall consider an appeal if he has participated in any aspect of the award or administration of a contract in dispute.

$ 1209.104 Responsibilities of the chair.


The Chairman of the Board of Contract Appeals shall be responsible for:

(a) The administration of the Board;

(b) The assignment of a member or members of the Board to act for the Board in each appeal and the assignment of the panel of Board members to decide each appeal;

(c) The receipt and custody of all papers and material relating to contract appeals;

(d) The designation of an acting Chairman during his absence, disquali. fication, or disability, who is empowered to exercise the powers of the Chairman;

(e) The submission of a report, not less often than annually, to the Administrator the status of the Board's activities.

$ 1209.301 Authority.

(a) The Act of August 28, 1958 (50 U.S.C. 1431-35), (hereinafter referred to as “the Act”) empowers the President to authorize departments and agencies exercising functions in connection with the national defense to enter into contracts or into amendments or modifications of contracts and to make advance payments, without regard to other provisions of law relating to the niaking, performance, amendment, or modification of contracts, whenever the President deems that such action would facilitate the national defense.

(b) Executive Order No. 10789, dated November 14, 1958 (23 FR 8897), authorizes the Administrator, NASA, to exercise the authority conferred by the Act and to prescribe regulations for the carrying out of such authority.

(c) NASA Procurement Regulation, Part 17 (41 CFR Chapter 18), establishes standards and procedures for the disposition of requests for extraordinary contractual adjustments by NASA contractors.


$ 1209.105 NASA legal representation.

The NASA General Counsel shall designate counsel to represent the interests of the Government in proceedings before the Board.

Subpart 2-[Reserved)

Subpart 3—Contract Adjustment


8 1209.302 Establishment of Board.

The Board was established on May 15, 1961, was continued in effect by NASA Management Issuances (NMI) 1152.5, dated October 25, 1963, NMI 1152.5A, dated October 8, 1971, and NMI 1152.5B, dated February 20, 1976, and is further continued in effect by this regulation. $ 1209.303 Function of Board.

(a) The Board is authorized to act for an exercise the authority of the Administrator in cases involving request by NASA contractors for extraordinary contractual adjustments under the Act. Such authority will be exercised in accordance with the standards and procedures established by the Administrator, subject to such limitations as the Administrator may prescribe.

(b) The Board shall have the power to approve, authorize or direct any

SOURCE: 43 FR 50674, Oct. 31, 1978, unless otherwise noted.

AUTHORITY: Pub. L. 85-804 and 42 U.S.C. 2473(c)(1).

$ 1209.300 Scope.

This subpart continues in effect the Contract Adjustment Board (hereinafter referred to as "the Board”) to

action, including the modification or release of any obligations, and to make all determinations and findings, which are necessary or appropriate for the conduct of its functions, and may adopt such rules of procedure as it considers desirable.

(c) The concurring vote of a majority of the total Board membership shan constitute an action of the Board. Decisions of the Board shall be final but the Board may reconsider and modify, correct or reverse any Board decision previously made. [43 FR 50674, Oct. 31, 1978; 44 FP. 69935, Dec. 5, 1979)

$ 1209.304 Membership.

Tlie Board will consist of a chairperson and four other members, all of whom shall be appointed by the Administrator.

$ 1209.305 Legal advice and assistance.

The General Counsel of NASA shall provide the Board with all necessary legal advice and assistance.

Subpart 4-Inventions and

Contributions Board

ceive and evaluate petitions for waiver of rights of the United States to inventions, accord each interested party an opportunity for a hearing, and transmit to the Administrator its findings of fact as to such petitions and its recommendations for action to be taken with respect thereto.

(b) Patent licenses. Under the authority of 42 U.S.C. 2457(g) and pursuant to 14 CFR Subpart 1245.2 (NASA Management Instruction 5109.3), the Board will evaluate all applications for licenses under NASA-owned patents and patent applications that are forwarded to it by the Assistant Gencral Counsel for Patent Matters, and shall recommend to the Administrator: (1) Whether a nonexclusive or exclusive license should be granted; (2) the identity of the licensee; and (3) any special terms or conditions of the license. The Board will also accord a licensee an opportunity for a hearing with respect to the revocation of its license in response to an appeal submitted for that purpose, and will be responsible for making findings of fact and recommendations and forwarding them to the Administrator for his decision.

(c) Monetary awards for scientific and technical contributions. (1) Under the authority of 42 U.S.C. 2458 and pursuant to 14 CFR Part 1240 (NASA Management Instructions 5700.1 and 5700.3), the Board will receive and evaluate each application for award for any scientific or technical contribution to the Administration which has significant value in the conduct of aeronautical and space activities, will accord each applicant an opportunity for a hearing upon such application, and will then transmit to the Administrator its recommendation as to the amount of the monetary award and terms of the award, if any, to be made to an applicant for such contribution.

(2) If the contribution is made by a Government employee, the Board is also authorized to consider such contribution for award under the incentive awards program and to make an award, if any, on its own cognizance, up to the amount of $5,000 in accordance with NASA supplements to chapter 451 of the Federal Personnel Manual covering this subject.

AUTHORITY: 42 U.S.C. 2457(f) and 2458.

SOURCE: 43 FR 29105, July 6, 1978, unless otherwise noted.

$ 1209.400 Scope.

This subpart describes the functions, authority, and membership of the NASA Inventions and contributions Board (hereafter referred to as “the Board”).

$ 1209.401 Establishment.

Pursuant to the authority of the National Aeronautics and Space Act of 1958 as amended (42 U.S.C. 2457(f), 2458) and the Government Employees Incentive Awards Act of 1954 (5 U.S.C. 4501-6), the Board was established on December 4, 1958, and is further continued in effect by this Subpart 1209.4. $ 1209.402 Responsibilities.

(a) Waiver of rights in inventions. Under the authority of 42 U.S.C. 2457(f) and pursuant to 14 CFR Subpart 1245.1 (NASA Management Instruction 5109.2), the Board will re

$ 1209.403 Organizational location.

The Board is established within the Office of Management Operations.

(1) Prepare analyses of petitions for waiver of rights to inventions for the consideration of the Board;

(2) Prepare evaluation of proposed awards;

(3) Provide assistance to the Assistant General Counsel for Patent Matters in the review and processing of applications for patent license for consideration by the Board;

(4) Document Board actions; and

(5) Perform such other functions as may be required.

(b) A full-time director of the staff will serve as a nonvoting secretary of the Inventions and Contributions Board, and will direct the activities of the staff of the Irventions and Contributions Board.

(c) The director of the staff of the Inventions and Contributions Board will report to the chairperson of the Board.



$ 1209.404 Membership.

(a) The Board will consist of a fulltime chairperson and no less than six members appointed by the Administrator from within NASA. One of the members will be designated by the Administrator as vice chairperson. The chairperson is responsible directly to the Administrator.

(b) The chairperson of the Board is appointed for an unlimited period. All other Board members will be appointed initially for a period of 3 years. Normally, membership will rotate and one-third of the membership will be replaced by new members each year. However, the chairperson is authorized to extend the initial appointment of any Board member for an additional period of service. If a member resigns or is otherwise unable to participate in the Board's activities, a replacement may be appointed for the remainder of the uncompleted term and, with the approval of the chairperson, may be appointed for a full 3year term upon the expiration of the original term. This procedure will generally result in a complete change in membership at the end of each 3-year period, and will provide the Board with a continual infusion of new members with a variety of professional backgrounds and interests. Duties performed by the Board members will be in addition to the regular duties of the individuals appointed to the Board.

(c) The chairperson is authorized to:

(1) Establish and reestablish such panels as may be considered necessary to discharge the responsibilities and perform the functions of the Board, and to

(2) Issue implementing rules and procedures, and take such other actions as are necessary to perform the Board's functions.

1210.1 Introduction.
1210.2 General classes of work.
1210.3 Priorities and schedules.
1210.4 Company projects.
1210.5 Government projects.
1210.6 Test preparation and conduct.

AUTHORITY: 50 U.S.C. 511-515, 42 U.S.C. 2473(c) (5) and (6).

SOURCE: 43 FR 45823, Oct. 4, 1978, unless otherwise noted.

§ 1210.1 Introduction.

(a) Authority. The regulations, as they apply to the Unitary Wind Tunnel Plan facilities, are promulgated under authority of the Unitary Wind Tunnel Plan Act of 1949, Pub. L. 85-568, and codified in 50 U.S.C 511515. This statute states that “The facilities authorized shall be operated and staffed by the National Aeronautics and Space Administration but shall be available primarily to industry for testing experimental models in connection with the development of aircraft and missiles. Such tests shall be scheduled and conducted in accordance with industry's requirements, and allocation of laboratory time shall be made in accordance with

$ 1209.405 Supporting services.

(a) The Staff of the Inventions and Contributions Board is established to assist the Board in discharging its functions and responsibilities. The staff will:

the public interest, with proper em- (b) Government projects. Includes phasis upon the requirements of each work for industry on projects which military service and due consideration are either under contract with or supof civilian needs.”

ported by a letter of intent from a (b) Unitary wind tunnel plan facili- Government agency. The work must ties. The unitary wind tunnel plan be requested by the Government facilities are the Ames Research agency. No fee will be charged for this Center 11- by 11-foot wind tunnel, 9. type of work. (An exception is the naby 7-foot wind tunnel, and 8- by 7-foot tional transonic facility for which a rewind tunnel; the Langley Research imbursable policy is being developed.) Center 4. by 4-foot high Mach number (c) United States/foreign industry test section and the 4. by 4-foot low consortium projects. This involves U.S. Mach number test section; and the companies, which have formed a conLewis Research Center 10- by 10-foot sortium or any other type of associwind tunnel. These wind tunnels are ation with foreign companies, that operated by NASA for industry, desire tests on aerospace projects of NASA, the Department of Defense, joint or foreign interest. An applicaand nther Government agency proj- tion for work for such a consortium ects.

shall disclose the foreign interest in or (c) National aeronautical facilities. anticipated foreign benefit from tests When completed, the national aero- to be conducted and shall first be renautical facilities will be the national viewed by the Director, International transonic facility at Langley Research Affairs Division for consistency with Center and the modified 40- by 80-foot current U.S. foreign policy and for wind tunnel and the new 80- by 120- compatibility with section 102 of the foot test section at Ames Research National Aeronautics and Space Act of Center. The wind tunnels will be oper- 1958, as amended, prior to a final deciated by NASA for industry, NASA, the sion being reached on the application. Department of Defense, and other A fee will be charged for these consorGovernment agency projects.

tium projects unless, in the review pro(d) All other wind tunnels. All other cedure above, it is determined that NASA wind tunnels will be used pri- Government agency cooperative sponmarily for NASA research. However, sorship warrants a nonfee arrangeall of these wind tunnels may be used

ment. for industry work when it is in the (d) Foreign company projects. Forpublic interest either in joint pro- eign company requests for wind tunnel grams with NASA or on a fee basis. use that are not related to U.S. Gov

(e) NASA policy. All the projects to ernment or U.S. industry interests or be performed in any of the NASA programs will generally not be granted wind tunnels must be a propriate to and will in no event be granted prior the facility.

to a review, as required in paragraph

(c) of this section, by the Director, In§ 1210.2 General classes of work.

ternational Affairs Division. Work for industry in the NASA facilities shall be divided into four

§ 1210.3 Priorities and schedules. project categories:

(a) Priorities. Unitary wind tunnels (a) Company projects. Includes work shall be available primarily to industry for industry on:

for development work. However, allo(1) Projects which are neither under cations of wind tunnel time shall be in contract nor supported by a letter of accordance with the public interests, intent from a Government agency, and with proper emphasis upon the re

(2) Company desired tests which are quirements of the military services related to a project which is either and due consideration of civilian under contract with or supported by a needs. Research work shall have priorletter of intent from a Government ity in all other NASA facilities. Prioragency, but are beyond the scope of ity conflicts may be referred to the Asthe tests requested by the Govern- sociate Administrator for Aeronautics ment agency. A fee will be charged for and Space Technology for review and these company projects.

final determination.

« PreviousContinue »