(c) All procurements are made in accordance with the NASA Procurement Regulations (41 CFR Ch. 18). With minor exceptions, every proposed procurement in excess of $10,000 is publicized promptly in the Commerce Business Daily "Synopsis of U.S. Government Proposed Procurement, Sales and Contract Awards." Copies of this publication are available from the U.S. Department of Commerce on an annual subscription basis.

§ 1201.701 Federal Regional Report Centers.

(See § 1201.203(e)).

Federal Regional Report Centers for scientific and technical information are located at the following places:

California: University of California Library, Berkeley.

Colorado: University of Colorado Libraries, Boulder.

District of Columbia: Library of Congress. Georgia: Georgia Institute of Technology, Atlanta.

Illinois: The John Crerar Library, Chicago. Massachusetts: Massachusetts Institute of

Technology, Cambridge.

Missouri: Linda Hall Library, Kansas City. New York: Columbia University, New York. Pennsylvania: Carnegie Library of Pittsburgh.

Texas: Southern Methodist University, Dallas.

Washington: University of Washington Library, Seattle.

1204.502 Delegations of authority to the Corps of Engineers, U.S. Army, concerning NASA land acquisition activities.

1204.503 Determination and delegation of authority concerning the granting of easements.

1204.504 Determination and delegation of authority concerning the granting of leaseholds, permits and licenses in real property.

1204.505 Delegation of authority to execute certificates of full faith and credit.

1204.506 Delegation of Authority-NASA Patent Matters.

1204.507 Delegation of authority to the Corps of Engineers Board of Contract Appeals.

1204.508 Delegation of authority of certain civil rights functions to Department of Health, Education, and Welfare.

1204.509

EXTRATERRESTRIAL EXPOSURE

Power and authority-to exercise authority with respect to extraterrestrial exposure.

1204.510 Power and authority-to exercise authority with respect to extraterrestrial exposure.

1204.511 Power and authority-to exercise authority with respect to extraterrestrial exposure.

(a) A claim for damage to, or loss of, personal property incident to service with NASA may be made only by:

(1) An officer or employee of the National Aeronautics and Space Administration;

(2) A member of the uniformed services (Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service) assigned to duty with or otherwise under the jurisdiction of NASA;

(3) The authorized agent or legal representative of a person named in subparagraph (1) or (2) of this paragraph;

or

(4) The survivors of a person named in subparagraph (1) or (2) of this paragraph in the following order of precedence: Spouse; children; father or mother, or both; or brothers or sisters, or both. Claims by survivors may be allowed whether arising before, concurrently with, or after the decedent's death, if otherwise covered by this Subpart 2.

(b) Employees of contractors with the United States and employees of nonappropriated fund activities are not included within the meaning of paragraph (a) (1) or (2) of this section.

(c) Claims may not be made by or for the benefit of a subrogee, assignee, conditional vendor, or other third party. § 1204.202 Maximum amount.

The maximum amount that can be paid on any claim under Public Law 88-558 is $6,500.

§ 1204.203 Time limitations.

(a) A claim may be allowed only if it accrued after August 31, 1964, and only

if it is presented in writing within two years after it accrues. For the purposes of this Subpart 2, a claim accrues at the time of the accident or incident causing the loss or damage, or at such time as the loss or damage is or should have been discovered by the claimant through the exercise of due diligence.

(b) If a claim accrues in time of war or in time of armed conflict in which any armed force of the United States is engaged, or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after that cause ceases to exist, or two years after the war or armed conflict is terminated, whichever is earlier. The dates of beginning and ending of such an armed conflict are the dates established by concurrent resolution of the Congress or by a determination of the President.

§ 1204.204 Allowable claims.

(a) A claim may be allowed only if: (1) The damage or loss was not caused wholly or partly by the negligent or wrongful act of the claimant, his agent, the members of his family, or his private employee (the standard to be applied is that of reasonable care under the circumstances);

(2) The possession of the property lost or damaged and the quantity possessed is determined to have been reasonable, useful, or proper under the circumstances; and

(3) The claim is substantiated by proper and convincing evidence.

(b) Claims which are otherwise allowable under this Subpart 2 shall not be disallowed solely because the property was not in the possession of the claimant at the time of the damage or loss, or solely because the claimant was not the legal owner of the property for which the claim is made. For example, borrowed property may be the subject of a claim.

(c) Subject to the conditions in paragraph (a) of this section and the other provisions of this Subpart 2, any claim for damage to, or loss of, personal property incident to service with NASA may be considered and allowed. The following are examples of the principal types of claims which may be allowed, but these examples are not exclusive and other types of claims may be allowed, unless excluded by § 1204.205.

(1) Property loss or damage in quarters or other authorized places. Claims

may be allowed for damage to, or loss of, property arising from fire, flood, hurricane, other natural disaster, theft, or other unusual occurrence, while such property is located at:

(i) Quarters within the 50 States or the District of Columbia that were assigned to the claimant or otherwise provided in kind by the United States;

(ii) Quarters outside the 50 States and the District of Columbia that were occupied by the claimant, whether or not they were assigned or otherwise provided in kind by the United States, except when the claimant is a civilian employee who is a local inhabitant; or

(iii) Any warehouse, office, working area, hospital, or other place authorized or apparently authorized for the reception or storage of property.

(2) Transportation or travel losses. Claims may be allowed for damage to, or loss of, property incident to transportation or storage pursuant to orders, or in connection with travel under orders, including property in the custody of a carrier, an agent or agency of the Government, or the claimant.

(3) House trailers. Claims may be allowed for damage to, or loss of, house trailers and their contents under the provisions of subparagraph (2) of this paragraph (c). Claims for structural damage to house trailers, other than that caused by collision, and damage to contents of house trailers resulting from such structural damage, must contain conclusive evidence that the damage was not caused by structural deficiency of the trailer and that the trailer was not overloaded. Claims for damage to, or loss of, tires mounted on trailers will not be allowed, except in cases of collision, theft, or vandalism.

(4) Negligence of the Government. Claims may be allowed for damage to, or loss of, property caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment.

(5) Enemy action or public service. Claims may be allowed for damage to, or loss of, property as a direct consequence of:

(i) Enemy action or threat thereof, or combat, guerrilla, brigandage, or other belligerent activity, or unjust confiscation by a foreign power or its nationals; (ii) Action by the claimant to quiet

a civil disturbance or to alleviate a public disaster; or

(iii) Efforts by the claimant to save human life or Government property.

(6) Property used for benefit of the Government. Claims may be allowed for damage to, or loss of, property when used for the benefit of the Government at the request of, or with the knowledge and consent of, superior authority.

(7) Clothing and accessories. Claims may be allowed for damage to, or loss of, clothing or accessories customarily worn on the person, such as eyeglasses, hearing aids or dentures.

§ 1204.205 Unallowable claims.

Claims are not allowable for the following:

(a) Unassigned quarters in United States. Claims may not be allowed for property loss or damage in quarters occupied by the claimant within the 50 States or the District of Columbia that were not assigned to him or otherwise provided in kind by the United States.

(b) Money or currency. Claims may not be allowed for loss of money or currency, except when lost incident to fire, flood, hurricane, other natural disaster, or by theft from quarters (as limited by paragraph (a) of this section). In instances of theft from quarters, it must be conclusively shown that the quarters were locked at the time of the theft. Reimbursement for loss of money or currency is limited to an amount which is determined to have been reasonable for the claimant to have had in his possession at the time of the loss.

(c) Government property. Claims may not be allowed for property owned by the United States, except that for which the claimant is financially responsible to any agency of the Government other than NASA.

(d) Business property. Claims may not be allowed for property used in a private business enterprise.

(e) Articles of extraordinary value. Claims may not be allowed for valuable articles, such as cameras, watches, jewelry. furs, or other articles of extraordinary value, when shipped with household goods or as unaccompanied baggage (shipment includes storage). This prohibition does not apply to articles in the personal custody of the claimant or articles properly checked, provided that reasonable protection or security measures have been taken by claimant.

(f) Unserviceable property. Claims

may not be allowed for worn-out or unserviceable property.

(g) Illegal possession. Claims may not be allowed for property acquired. possessed, or transported in violation of law or in violation of applicable regulations or directives.

(h) Estimate fees. Claims may not include fees paid to obtain estimates of repair, except when it is clear that an estimate could not have been obtained without paying a fee. In that case, the fee may be allowed only in an amount determined to be reasonable in relation to the value of the property or the cost of the repairs.

(i) Automobiles and other motor vehicles. Claims may not be allowed for damage to, or loss of, automobiles and other motor vehicles unless:

(1) Such motor vehicles were required to be used for official Government business (official Government business, as used here, does not include travel between quarters and place of duty, parking of vehicles incident to such travel, or use of vehicles for the convenience of the owner); or

(2) Shipment of such motor vehicles to, from, or between overseas areas was being furnished or provided by the Government; or

(3) Such damage or loss was caused by the negligent or wrongful act or omission of any employee of the Government acting within the scope of his office or employment.

§ 1204.206 Submission of claims.

(a) Claims shall be submitted in duplicate on NASA Form 1204 (Employee's Claim for Damage to, or Loss of, Personal Property Incident to Service), copies of which are available from the Office of General Counsel at Headquarters, the Office of the Chief Counsel at Field Installations, and such other offices as may be designated by the head of an Installation.

and any other evidence required by counsel, the claimant will furnish the following evidence when relevant:

(1) A corroborating statement from the claimant's supervisor or other person or persons having personal knowledge of the facts concerning the claim. (2) A statement of any property recovered or replaced in kind.

(3) An itemized bill of repair for property which has been repaired, or one or more written estimates of the cost of repairs from competent persons if the property is repairable but has not been repaired.

(b) Specific classes of claims.

Claims

of the following types shall also be accompanied with the specific and detailed evidence listed below:

(1) Theft, burglary, etc. A statement describing in detail the location where the loss occurred and the facts and circumstances surrounding the loss, including evidence of larceny, burglary or housebreaking, such as breaking and entering, capture of the thief, recovery of part of the stolen goods, police report, etc. In addition the statement must contain evidence that the claimant exercised due care in protecting his property prior to the loss. Attention will be given to the degree of care normally exercised in the locale of the loss due to any unusual risks involved.

(2) Transportation losses. A copy of orders authorizing the travel, transportation or shipment, or a certificate explaining the absence of such orders, and stating their substance; all bills of lading and inventories of property shipped; and a statement indicating the condition of the property when turned over to the carrier and when received from the carrier.

§ 1204.208 Recovery from carriers, insurers, and other third parties.

(a) General. NASA is not an insurer and does not underwrite all personal property losses that an employee may sustain. Employees are encouraged to carry private insurance to the maximum extent practicable to avoid large losses or losses which may not be recoverable from NASA. The procedures set forth in this section are designed to enable the claimant to obtain the maximum amount of compensation for his loss or damage. Failure of the claimant to comply with these procedures may reduce or preclude payment of his claim under this Subpart 2.

(b) Demand on carrier, contractor, warehouseman, or insurer. When it appears that property has been damaged or lost under circumstances in which a carrier, warehouseman, contractor, or insurer may be responsible, the claimant shall make a written demand on such party, either before or after submitting a claim against NASA. The cognizant counsel, if requested, will assist in making demand on the third party. No such demand need be made if, in the opinion of the appropriate counsel, it would be impracticable or any recovery would be insignificant, or if circumstances preclude the claimant from making timely demand.

(c) Action subsequent to demand. A copy of the demand and of any related correspondence shall be submitted to counsel. If the carrier, insurer, or other third party offers a settlement which is less than the amount of the demand, the claimant shall consult with counsel before accepting the amount so offered. The claimant shall also notify counsel promptly of any other action by such third party, including settlement, partial settlement, or denial of liability.

(d) Application of recovery. When the amount recovered from a carrier, insurer, or other third party is greater than or equal to the claimant's total loss as determined under this Subpart 2, no compensation is allowable under this Subpart 2. When the amount recovered is less than such total loss, the allowable amount is determined by deducting the recovery from the amount of such total loss. For the purpose of this paragraph (d) the claimant's total loss is to be determined without regard to the $6,500 maximum set forth in § 1204.202. However, if the resulting amount, after making this deduction, exceeds $6,500, the claimant will be allowed only $6,500.

(e) Transfer of rights. The claimant shall assign to the United States, to the extent of any payment on his claim accepted by him, all his right, title, and interest in any claim he may have against any carrier, insurer, or other party arising out of the accident or incident on which his claim against the United States is based. He shall also, upon request, furnish such evidence and other cooperation as may be required to enable the United States to enforce the claim. After payment on his claim by the United States, the claimant shall, upon receipt of any payment from a carrier, insurer, or other party, notify