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§ 1214.104 Patent and data rights.

(a) NASA will not acquire rights to inventions, patents or proprietary data privately funded by a user, or arising out of activities for which a user has reimbursed NASA under the policies set forth herein. However, in certain instances in which the NASA Administration has determined that activities may have a significant impact on the public health, safety or welfare, NASA may obtain assurances from the user that the results will be made available to the public on terms and conditions reasonable under the circumstances.

(b) The user will be required to fur. nish NASA with sufficient information to verify peaceful purposes and to insure Shuttle safety and NASA's and the U.S. Government's continued compliance with law and the Government's obligations.

$ 1214.105 Revisit and/or retrieval serv

ices. These services will be priced on the basis of estimated costs. If a special dedicated Shuttle flight is required, the full dedicated price will be charged. If the user's retrieval requirement is such that it can be accomplished on a scheduled Shuttle flight, he will only pay for added mission planning, unique hardware or software, time on orbit, and other extra costs incurred by the revisit.

prices and purlishing them in the NASA Issuance System, and

(ii) Review and arrange for the billing of users.

(2) The Associate Administrator for Space Flight will arrange for:

(i) Developing estimates for costs and establishing prices in sufficient detail to reveal their basis and rationale.

(ii) Obtaining approval of the NASA Comptroller of such estimates and related information prior to the execution of any agreement, and

(iii) Reviewing of final billings to users prior to submission to the NASA Comptroller.

(b) Field installation officials. The Directors of Field Installations responsible for the STS operations will:

(1) Maintain and/or establish agency systems which are needed to identify costs in the manner prescribed by the NASA Comptroller.

(2) Compile financial records, reports, and related information, and

(3) Provide assistance to other NASA officials concerned with costs and related information. APPENDIX A-COSTS FOR WHICH NASA SHALL

BE REIMBURSED Additive Costs. All additional costs, both direct and indirect, that the NASA has to incur above those it would otherwise have incurred had it not undertaken to meet nonNASA user requirements.

Total Operations Costs. Total Operations Costs include all direct and indirect costs, excluding costs omposing the use charge. Such costs include direct program charges for manpower, expended hardware, refur. bishment of hardware, spares, propellants, provisions, consumables and launch and recovery services. They also include a charge for program support, center overhead, and contract administration.

Use Charge. A charge in lieu of depreci. ation for use of facilities, support equipment and the Shuttle fleet.

Aggregate Costs. Aggregate costs are all reasonable costs which include the sum of the use charge and total operations costs.

APPENDIX B-STANDARD SHUTTLE SERVICES Two standard mission destinations:

(1) 160 NM Altitude; 28.5° Inclination.

(2) 160 NM Altitude; 56.0° Inclination. One day mission operations Orbiter flight planning services Transmission of payload data to compatible

receiving stations A three-man flight crew

$ 1214.106 Damage to payload.

The price does not include a contingency or premium for damage that may be caused to a payload through the fault of the U.S. Government or its contractors. The U.S. Government, therefore, will assume no risk for damage or loss to the user's payload. The users will assume that risk or obtain insurance protecting themselves against that risk.

$ 1214.107 Responsibilities.

(a) Headquarters officials. (1) The NASA Comptroller, in coordination with the Associate Administrator for Space Flight will:

(i) Prescribe guidelines, procedures, and other instructions which are necessary for estimating costs and setting

On-orbit payload handling
Deployment of a free flyer
NASA support of payload design reviews
Prelaunch payload installation, verification

and orbiter compatibility testing NASA payload safety review

APPENDIX C-OPTIONAL SHUTTLE SERVICES Revisit and retrieval Use of Spacelab or other special equipment Use of Mission Kits to extend basic orbiter

capability Use of Upper Stages EVA services Unique payload/orbiter integration and test Payload mission planning services, other

than for launch, deployment and entry

phases Additional time on-orbit Payload data processing Launch from Western Test Range Two standard mission destinations are avail

able from the Western Test Range site: (1) 160 NM Altitude; 90.0° Inclination. (2) 160 NM Altitude; 104.0°Inclination.

APPENDIX D-SHARED FLIGHT CHARGE To calculate the cost of individual payloads transported on a flight shared with other payloads:

(1) Find the load factor for the payload by dividing the payload weight by the Shuttle

capability for the desired inclination (Table in Figure 1).

(2) Find the load factor for the payload by dividing the payload length by 60 feet.

(3) Enter the curve (Figure 1) at the higher value obtained from steps 1 and 2 and read the Charge Factor (C)from the curve.

(4) Multiply the C, value times the quoted price per dedicated flight. This will result in the price for the payload flight.

The price for each payload flight (Step 4) entitles the user to be provided a pro-rata share of the facilities available on board the standard Shuttle flight. For example, if the payload factor is 0.5, then the payload is entitled to 50% of power, cooling, and other services provided on the standard flight. Standard services required that exceed the pro-rata share will be an additional charge to the user based on the cost of the service provided.

For purposes of this attachment, payload weight includes a pro-rata share of all special equipment (e.g., spin tables and their controls) needed for the user's mission. Payload length includes a pro-rata share of the clearance length necessary to operate or deploy the payload, including the length of deployment mechansims.

DETERMINATION OF CHARGE FACTOR (Cp) FOR 160 N.MI

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in an occupancy fee which is less than zero, (b) Foreign users who have made the occupancy fee will be reset to zero.

substantial investment in the STS proFor a postponed or cancelled shared flight

gram, i.e., European Space Agency one year or less, but more than six months

(ESA), ESA member or observer nabefore launch, the user shall reimburse

tions participating in Spacelab develNASA an occupancy fee of half the user's flight price less any adjusted reimburse

opment, and Canada, when conducting ments from other users who contract for experimental science or experimental the same flight subsequent to the postpone- applications missions with no nearment or cancellation date.

term commercial implications. For a postponed or cancelled shared flight six months or less before launch, the user § 1214.202 Reimbursement policy. shall reimburse NASA an occupancy fee of 90% of the user's flight price less any ad

(a) Features of policy. (1) All users justed reimbursements from other users

will be charged on a fixed price basis; who contract for the same flight subsequent

there will be no post-flight charges, to the postponement or cancellation date. except for prespecified optional serv

For a given shared flight, if the occupancy ices. fee so computed would esult in total ad- (2) The price will be based on estijusted reimbursements (exclusive of the 5% mated costs. (10%) postponement (cancellation) fee) in

(3) The price will be held constant excess of the price of a dedicated flight, the

for flights in the first three years of occupancy fee will be reduced in order to recover the price of a dedicated flight.

Space Transportation System (STS) In the event that, as a result of the post- operations. ponement or cancellation, the Shuttle is not (4) Payments shall be escalated aclaunched at all for the intended flight, the cording to the Bureau of Labor Statisoccupancy fee will be zero.

tics Index for Compensation per hour, (For purposes of this attachment, "adjusted

Total Private. reimbursements" is defined to be reimburse- (5) Subsequent to the first three ments assuming all users are non-U.S. Gov- years, the price will be adjusted annuernment.)

ally to insure that total operating

costs are recovered over a twelve-year Subpart 1214.2—Reimbursement for period.

Shuttle Services Provided to Civil (6) Pricing incentives are designed to U.S. Government Users and Foreign

maximize the proper utilization of the

STS. Users Who Have Made Substantial Investment in the STS Program

(b) Dedicated flight reimbursements. (1) For the purposes of this policy, a

dedicated flight is one sold to a single SOURCE: 42 FR 8631, Feb. 11, 1977, unless otherwise noted.

user.

(2) The policy is established for two § 1214.290 Scope.

distinct phases of Shuttle operations.

The first phase is through the third This Subpart 1214.2 sets forth:

full fiscal year of Shuttle operations (a) The policy on reimbursement for and the second phase consists of nine Shuttle services which are provided by

full fiscal years subsequent to the first NASA to users (as defined

in phase. $ 1214.201) under launch services

(i) For a dedicated Shuttle flight Egreements, and

during the first phase, NASA shall be (b) Responsibilities for putting such reimbursed in an amount which is a policy into effect and carrying it out. pro-rata share of forecast additive

costs averaged over the first phase of 8 1214.201 Definition.

three years; however, the price shall

not be less than a pro-rata share of For the purpose of this subpart, the forecast total operating costs averaged term "users” means:

over both the first and second phases (a) For all civil U.S. Government of the twelve year Shuttle operation agencies who request Shuttle services period. from NASA, and

(ii) For a dedicated Shuttle flight during the second phase, NASA shall be reimbursed a pro-rata share of fore

60-037 0–80-10

cast total operating costs over both phases to insure that total operating costs are recovered over the twelve year period.

(iii) The definition of the costs are specified in this subpart are set forth in Appendix A to this subpart.

(iv) Subject to NASA approval, a dedicated flight user may apportion and assign STS services to other STS users provided they satisfy STS user requirements. The price of integrating additional payloads will be negotiated.

(v) A summary of standard Shuttle services included in the flight price is set forth in Appendix B to Subpart 1214.1.

(vi) The prices of optional Shuttle services are being developed and shall be set forth in the Shuttle Price Book which is being developed. A summary of the optional services is set forth in Appendix C to Subpart 1214.1.

(vii) For the user with an experimental, new use of space or first time use of space of great public value, the reimbursement to NASA for the dedicated, standard Shuttle flight in either the first or second phase shall be a pro-rata share of the average twelve year additive costs as estimated at the time of negotiations. Programs which qualify for this price will be determined by an STS Exceptional Program Selection Process. In all cases, the Administrator will be the selection official.

(viii) For dedicated flight users, NASA and the user will identify a desired launch date withi': a period of ninety days three years prior to flight. One year prior to the flight, a firm launch and payload delivery date will be identified by NASA. The firm launch date will be within the first sixty days of the original ninety day period. Launch will occur on the firmly scheduled launch date or within a period of thirty days thereafter. The payload must be ready to launch for the duration of that period.

(c) Shared flight reimbursements. (1) The price of a shared Shuttle flight will be a fraction of the dedicated Shuttle flight price. The fraction will be based on the length and weight of the payload and the mission destination at the time of contract negotiations. The formula for computing the

fraction is set forth in Appendix D to Subpart 1214.1.

(2) For shared flight users, NASA and the user will identify a desired launch date three years prior to flight. Launch will occur within a period of ninety days, beginning on the desired launch date. One year prior to flight, a payload delivery date and a firm launch date will be coordinated among the shared flight users. This firm launch date will be within the first thirty days of the original ninety day period. The launch will occur on the firmly scheduled launch date or within a perod of sixty days thereafter. The payloads must be ready to launch for the duration of that period.

(3) A 20 percent discount on the standard flight price will be given to shared flight users who will fly on a space-available (standby) basis. NASA will provide launch services within a prenegotiated period of one year. Shared flight payloads must be flight deliverable to the launch site on the first day of the one year period and sustain that condition until delivery to the launch site. The user will be notified sixty days prior to the firmly scheduled launch date which has been established by NASA. At that time, NASA will also establish a payload delivery date. The payload must be available at the launch site on the assigned delivery date and ready to launch for a period of sixty days after the firmly scheduled launch date.

(d) Small self-contained payloads. Packages under 200 pounds and smaller than five cubic feet which require no Shuttle services (power, deployment, etc.), and are for R&D purposes, will be flown on a space-available basis during both phases of Shuttle operation. The price for this service will be negotiated based on size and weight, but will not exceed $10,000 in 1975 dollars. A minimum charge of $3,000 in 1975 dollars will be made. If Shuttle services are required, the price will be individually negotiated. Reimbursement to NASA will be made at the time the package is scheduled for flight.

(e) Options. (1) In order to allow the user greater flexibility in selecting a launch date, the user may purchase a "floating launch date" option. At the

time of contract execution, the user payment using the Bureau of Labor will begin to make payments according Statistics Index for Compensation per to a 33 month reimbursement sched- hour, Total Private. ule for this launching. At any time (g) Earnest money. Earnest money during Phase 1 or 2, the user may ex- will be paid to NASA by ESA and ESA ercise this option by informing NASA member nations paticipating in Spaceof his desired launch date for this lab development, and government option which will then be negotiated agencies of Canada prior to contract by NASA and the user. This launch negotiations. The earnest money redate must be at least 33 months after quired per contract shall be $100,000 the date of the first reimbursement in 1975 dollars; however, if the paypayment. If the desired launch date is load is a small self-contained payload, within one year of the date of declara- the earnest money shall be $500.00. tion, the short term call-up option and The earnest money will be applied to associated fee will apply. If the desired the first payment made by the cuslaunch is to occur in a year for which tomer or will be retained by NASA. a new price per flight is in effect, the (h) Reimbursenient schedule. (1) Reuser will pay the new price. The fee imbursement shall be made in accordfor this option is 10 percent of the ance with the reimbursement schedule user's flight price in effect at the time

contained in this subsection. No of contract execution and is payable at charges shall be made after the flight, that time. This fee will not be applied

except as negotiated in the contract to the price of the user's flight.

for prespecified extra services. Those (2) Options must be exercised for a

users who contract for Shuttle services flight by the end of the second phase

less than three years before the deof operations or the option fee will be

sired launch date will be accommodatretained by NASA.

ed and will pay on an accelerated basis (f) Fixed price period and escalation.

according to the reimbursement sched(1) The price will remain constant for

ule. flights during the first phase of Shuttle operations. For flights during the

(2) Standby payloads. (i) Before the second phase, the price wil be adjusted

establishment of a firmly scheduled on a yearly basis, if necessary, to

launch date, the number of months assure revovery of total operating

before launch will be computed assumcosts over a twelve-year period. These

ing a launch date at the mid-point of adjusted prices will be applicable only

the designated one-year period. to agreements executed after the ad- (ii) Once the firmly scheduled justment is made.

launch date is established, the user (2) Shuttle services fo! both phases shall reimburse NASA to make his will be contracted on a fixed price payments current according to the rebasis. The payments in the contract imbursement schedule. will be escalated to the time of the (3) Rembursement schedule.

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