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articles, the rates of depreciation to be ment, with a copy of the approved claim applied to certain articles, and the maxi- (NASA Form 1204). mum amounts allowable for certain types (3) When a claim is disallowed, or is and quantities of property.

partially allowed in an amount unac(d) Replacement of lost or damaged ceptable to the claimant, the counsel property may be made in kind whenever shall notify the claimant in writing of appropriate.

the action taken and the reasons there$ 1204.210 Settlement of claims.

for. If the claimant is not satisfied

with the action taken, he may, within 60 (a) Settlement oficials. (1) The days after receipt of such notice, request General Counsel and the Deputy General reconsideration of his claim and he may Counsel are authorized to settle (con

submit any new or additional evidence sider, ascertain, adjust, determine, and that he feels to be pertinent to his claim, dispose of, whether by full or partial al- If such a claim has been disallowed by lowance or disallowance) any claim un- the Chief Counsel of a Field Installation, der this Subpart 2.

the claimant may request such recon(2) The Chief Counsel assigned to a sideration by either the Chief Counsel Field Installation is authorized to settle or the General Counsel, or both. any claim under this Subpart 2, not (d) Final and conclusive. The settleexceeding $1,000, submitted by employees ment of a claim under this Subpart 2, under the jurisdiction of that Installa

whether by full or partial allowance or tion. In addition, the Chief Counsel, disallowance, is final and conclusive. Langley Research Center, is authorized to settle any such claim submitted by em

$ 1204.211 Annual reports to Congress. ployees at the Wallops Station and the Public Law 88-558 provides that the Chief Counsel, Western Operations Office, head of each agency shall report once & is authorized to settle any such claim year to Congress on claims settled under submitted by employees at the Flight Re- its authority, including in such report for search Center, the Pacific Launch Op- each claim the name of the claimant, erations Office, and the NASA Resident the amount claimed, and the amount Office-JPL. Claims arising in the field paid. In order to comply with this refor more than $1,000 shall be investigated quirement, the fiscal or financial manby the Chief Counsel and forwarded, with agement office at each Field Installation his report and recommendation thereon, shall, in January of each year, forward to the General Counsel or the Deputy to the Office of Financial Management General Counsel for settlement.

at Headquarters a report containing the (3) The General Counsel is authorized information in this section for each claim to designate counsel to settle claims for settled at that Installation during the other field offices.

preceding calendar year; and the Office (b) Investigation of claims. The cog- of Financial Management shall prepare nizant counsel shall conduct such in- an agency-wide report and forward it vestigation as may be appropriate in or- to the Office of Legislative Affairs for der to determine the validity of a claim. submission to the Congress. The services of the Inspections Division

Subpart 3—Tort Claims Regulations or the Safety Officer, Office of Administration, or other appropriate office may AUTHORITY: The provisions of this Subbe utilized to assist in such investigation.

part 3 issued under 28 U.S.C. 2671-2680 and

42 U.S.C. 2473(b) (18). (c) Action by settlement official. (1) For each claim the cognizant counsel SOURCE: The provisions of this Subpart 3 shall complete a report in duplicate on appear at 29 F.R. 177, Jan. 8, 1964. NASA Form 1204, and retain a claim file

§ 1204.300 Scope of subpart. consisting of the original claim, his report, and any other relevant evidence or

(a) This subpart establishes procedocuments.

dures for the handling of lawsuits (2) When a claim is allowed in an

against NASA employees for property amount acceptable to the claimant, the damage, or personal injury, including counsel shall prepare a “Voucher for death, resulting from the operation of Payment of Employees' Personal Prop- a motor vehicle by a NASA employee in erty Claims" (NASA Form 1220), have the scope of his employment and desigit properly executed by the claimant, and nates NASA officials authorized to reforward it to the appropriate NASA fiscal ceive and process relevant documents in or financial management office for pay- such cases.

(b) This subpart establishes proce- ployed, insofar as actions against other dures for the submission and settlement than NASA Headquarters employees are of claims against the United States concerned. Government for bodily injury, death and (b) Upon receipt of such process and property damage or loss cognizable pleadings, the General Counsel or the under the Federal Tort Claims Act (28 Chief Counsel of the NASA installation U.S.C. 2671-2680) or the National Aero- receiving the same shall furnish to the nautics and Space Act of 1958 (42 U.S.C. United States attorney for the district 2473(b) (13)) and designates NASA ofi- embracing the place where the action or cials authorized to act upon such claims. proceeding is brought and the Chief of § 1204.301 Lawsuits against NASA em

the Torts Section, Civil Division, Deployees arising out of their operation

partment of Justice, the following: of motor vehicles in the course of

(1) Copies of all such process and their employment.

pleadings in the action or proceeding,

promptly upon receipt thereof; and 28 U.S.C. 2679, as amended Septem

(2) A report containing a statement of ber 21, 1961, provides that the Attorney

the circumstances of the incident giving General of the United States shall de

rise to the action, and all data bearing fend any civil action which is brought

upon the question of whether the emin any court against a Government em

ployee was acting within the scope of his ployee for damage to property or for per

office or employment with NASA at the sonal injury, including death, resulting

time of the incident, at the earliest posfrom the operation of a motor vehicle by

sible date, or within such time as shall such Government employee while acting

be fixed by the United States Attorney within the scope of his office or employ

upon request. ment. In effect, this legislation is designed to protect an employee driving a

In addition, the Chief Counsels shall motor vehicle on Government business submit copies of all such process, pleadby converting such a civil court action ings, reports and other documents subagainst the employee into an action

mitted by them to the United States Atagainst the United States, provided that torney to the General Counsel, NASA the employee was acting within the Headquarters, who is hereby designated scope of his employment at the time of

to receive all such documents on behalf the accident. The action against the

of the Administrator, NASA. United States then becomes the plain

1204.303 Other cla i ms_Claims tiff's exclusive remedy.

against the United States or the Na§ 1204.302 Procedures.

tional Aeronautics and Space Admin

istration. The following procedures shall be fol

Under the authority of 28 U.S.C. 2671lowed in the event that a civil action or

2680 and 42 U.S.C. 2473(b) (13), the Naproceeding is brought, in any court,

tional Aeronautics and Space Adminisagainst any employee of NASA (or against his estate), for damage to prop

tration has authority, within specified

limits, to settle claims for bodily injury, erty, or for personal injury or death, resulting from the employee's operation

death and property damage, arising out

of the activities of the National Aeronauof a motor vehicle while acting within

tics and Space Administration. Claims the scope of his office or employment: (a) After being served with process or

shall be submitted in accordance with

the provisions of this subpart. pleadings in such an action, the employee (or his personal representative if the ac- $ 1204.304 Claimant. tion is brought against his estate) shall

(a) If the property was insured and immediately deliver all such process and the insurer has a right of subrogation, pleadings (or an attested true copy

in whole or in part, and if both the owner thereof) together with a fully detailed

and the insurer desire to file a claim for report of the circumstances of the acci

their respective losses, they should join dent giving rise to the court action, to

in one claim. the following officials:

(b) Claims for bodily injury may be (1) The General Counsel of NASA in- filed by the injured person or his agent sofar as actions against employees of or attorney. NASA Headquarters are concerned; or (c) Claims for death may be filed by

(2) The Chief Counsel of the NASA the personal representative of the deceinstallation at which the employee is em- dent or by the administrator, executor, 66–031—67-33

507

or guardian. When filed by an agent or nosis as to future treatment, hospitalattorney, the claim must show the title or ization, and other relevant matters. capacity of the person representing the (c) Damage to property. In support claimant and be accompanied with evi- of claims for damage to property, the dence of the appointment of such person claimant should submit: as agent, legal representative, executor, (1) An itemized receipt in the case of administrator, guardian, or other fiduci- property which has been repaired. ary.

(2) Itemized estimates of the cost of

repairs from two reliable parties who § 1204.305 Form of claim.

specialize in such work, in the case of unClaims should be prepared on (Stand- repaired property, or ard Form 95) Claim for Damage or In- (3) Corroborative statements from jury. Copies of this form are available two reliable, qualified persons with reon request at NASA Headquarters or the spect to the cost, age of the property, appropriate field installation. All in- and salvage value in the case where the formation requested therein should be property is not economically reparable. given in detail. It is especially important

§ 1204.308 Investigation of claims. that the amount claimed for property damage and for bodily injury be in- When a claim is received, the official dicated in the space provided. Claims designated in § 1204.312 shall conduct should be prepared in duplicate and such investigation as may be appropriate signed.

for a determination of the validity of

the claim. The services of an investiga§ 1204.306 Filing of claims.

tory group or official at any NASA instal(a) Claims covered by this subpart lation may be obtained to assist in such must be filed within two years after the investigations. accident or incident or death by the

$ 1204.309 Payment of claims. claimant.

(b) Claims should be submitted di- When a claim is settled, the cognizant rectly to the NASA installation whose legal counsel will prepare Voucher for employee is alleged to be responsible for Payment of Tort Claims (NASA Form the accident or incident, if known, or if 616) or Voucher for Payment Under Fednot known, to the Office of General Coun- eral Tort Claims Act (Standard Form sel, National Aeronautics and Space Ad- 1145), as appropriate. The properly preministration, Washington, D.C., 20546. pared form will be referred to the ap

propriate NASA installation fiscal or 1204.307 Evidence to be submitted by

financial management office. claimant.

$ 1204.310 (a) General. The amount claimed on

Acceptance of award or set

tlement by claimant. account of damage to or loss of property, or on account of bodily injury or death The acceptance by the claimant of an should, so far as possible, be substan- award, adjustment, or settlement is final tiated by competent evidence. Support

and conclusive on the claimant, and coning statements, estimates and the like stitutes a complete release of any claim should, if possible, be obtained from against the United States and against disinterested parties. All evidence should the employee of the Government whose be submitted in duplicate. The original act or omission gave rise to the claim. evidence or certified copies thereof

§ 1204.311 Attorney's fees. should be attached to the original and

As part of any award or settlement, copy of the claim. (b) Personal injury or death. In sup

reasonable attorney's fees may be alport of claims for personal injury or

lowed out of, but not in addition to, the

amount of the award or settlement. If death, the claimant should submit item

the award or settlement is $500 or more, ized bills for medical, hospital or burial

the fee shall not exceed 10 percent of the expenses actually incurred; a statement from the claimant's or decedent's em

amount of the award or settlement. ployer as to time and income lost from § 1204.312 NASA officials authorized to work; and a written report by the at

settle tort claims. tending physician with respect to the The following NASA officials are aunature and extent of treatment, the de- thorized to consider, ascertain, adjust, gree of disability, the period of hospital- determine, and settle claims within the ization or incapacitation, and the prog- limits and to the extent permitted by the provisions of 28 U.S.C. 2671-2680 and there be an increase in the extent of 42 U.S.C. 2473(b) (13):

participation in such work by competent (a) The General Counsel and Deputy small business firms. General Counsel, NASA Headquarters,

$ 1204.402 Responsibility. are authorized to consider, ascertain, adjust, determine, and settle any such

$ 1204.402–1 Division of Procurement claim.

and Supply, NASA Headquarters. (b) The Chief Counsel assigned to a The Director of Procurement and SupNASA field installation is authorized to ply, NASA Headquarters, is responsible consider, ascertain, adjust, determine, for the development, supervision, and coand settle any such claim not exceeding ordination of the NASA Small Business $1,000 arising from the activities of that

Program. A senior member serves on the installation.

Director's staff as Advisor on Small Busi(c) In addition, authority to act on ness, with responsibility for formulating claims not exceeding $1,000 arising at: policies and procedures relating to small E (1) The Wallops Station is vested in

business, and representing the Director the Chief Counsel, Langley Research before other Government agencies on Center.

matters primarily affecting small (2) The Flight Research Center is business. vested in the Chief Counsel, Western

$ 1204.402-2 NASA field installations. Operations Office.

The head of each NASA field installaSubpart 4-Small Business Policy

tion will designate a qualified individual AUTHORITY: The provisions of this Subpart in the procurement office as a “small 4 issued under 28 U.S.C. 2671–2680 and 42 business specialist,” to provide a central U.S.C. 2473.

point of contact to which small business SOURCE: The provisions of this Subpart 4 concerns may direct inquiries concerning appear at 24 F.R. 6086, July 30, 1959, unless participation in the NASA procurement otherwise noted.

program, or secure assistance in sub§ 1204.400 Scope of subpart.

mitting bids or proposals as well as per

formance of contracts. Where the head This subpart establishes the small

of a field installation considers that the business policy and program of the Na

volume of procurement or of functions tional Aeronautics and Space Adminis

relating to procurement at the installatration (NASA).

tion does not warrant a full-time small $ 1204.401 Policy.

business specialist, he may assign such

duties to qualified procurement person(a) Consistent with the requirements

nel on a part-time basis. NASA field of the Small Business Act (15 U.S.C. 631

installations shall establish and main350) and the National Aeronautics and

tain liaison with the Small Business AdSpace Act of 1958 (42 U.S.C. 2473(b) (5)),

ministration representative or the apt is the policy of NASA to place a fair

opriate Small Business Administration proportion of its total purchases and

Regional Office in matters relating to contracts with small business concerns.

field procurement activities. (b) In carrying out the NASA prourement program, the primary consid

$ 1204.403 General requirements. :ration shall be that of securing contract (a) All proposed procurement transperformance, including obtaining de- actions in excess of $2,500 shall be exiveries of required items or services at amined by small business specialists he tir ie, in the quantity and of the prior to issuance of bids or requests for quality prescribed. In the area of re

proposals to determine suitability for earch and development contracts, the small business participation or set-aside. general policy of NASA is to award such

(b) The appropriate office of the ontracts to those organizations deter- Small Business Administration shall be nined by responsible personnel to have informed of proposed procurements esti

high degree of competence in the spe- mated to exceed $10,000. ific branch of science or technology re- (C) Bidders' lists shall be maintained quired for the successful conduct of the on a current basis and reviewed to asvork. It is in the interest of the civilian

sure that small business firms are given pace program that the number of firms

an equitable opportunity to participate ngaged in research and development in those procurements suitable for perwork for NASA be expanded and that formance by such firms.

(d) NASA small business personnel of the National Aeronautics and Space shall acquire descriptive data, brochures, Administration. or other information concerning small (30 F.R. 3378, Mar. 13, 1965) business firms which appear competent

f 1204.501 Delegation of authority for to perform research and development

real property acquisition, managework in fields in which NASA is inter

ment, and disposal. ested and furnish such information to technical personnel. The Small Busi- (a) Definition. Real property is land, ness Advisor at Headquarters and the buildings, structures, utilities systems, small business specialists at NASA field and improvements and appurtenances installations shall assist and consult with thereto, permanently annexed to land. NASA technical personnel in the anal- Real property includes equipment atysis of such information, in arranging tached to and made a part of buildings, field inspection of facilities, in making structures, and other facilities, such as appointments for technical personnel heating systems, but excludes collateral with representatives of small business equipment which is removable without firms, and obtaining from other agencies significant damage to the real property, appraisals of work performed by such such as machine tools. Equipment servfirms.

ing a function of real property (e.g., (e) NASA will require contractors trailers used to house personnel) is conhaving negotiated contracts in excess of sidered as real property when so used. $1,000,000 and of such nature as to afford (b) Delegation of authority. Consoopportunities for subcontracting in sub- nant with the instructions of the Adminstantial amounts to establish and con- istrator and Deputy Adminstrator and to duct small business sub-contracting

the extent authorized by law and apprograms. Such programs will be peri- plicable regulations, the Assistant Adodically reviewed by NASA small busi- ministrator for Industry Affairs and ness representatives to evaluate their Director, Facilities Management Office, adequacy.

are hereby delegated authority to: (f) NASA will encourage competent (1) Acquire title to real property and small business concerns to submit un

other interests therein for NASA and the solicited proposals for research and de- United States by purchase, donation, velopment work in areas within NASA's transfer, easement, lease, permit, license, responsibility, which may lead to con- and otherwise. tracts for such work. The formation of (2) Exercise all the authority of NASA, contractor pools or joint ventures to under the Act of August 1, 1888 (40 U.S.C. perform research and development work

257) and under the further authority of will also be encouraged.

the Act of July 29, 1958 (42 U.S.C. 2473 (g) NASA small business personnel

(b) (3)) to acquire real estate for the will disseminate to small business con- United States by condemnation under cerns information concerning inventions judicial process; and submit to the Atfor which NASA holds patents on behalf

torney General of the United States reof the United States and under which it quests for condemnation. is NASA policy to grant licenses.

(3) Exercise for NASA the authority (h) Small business participation in

contained in the Act of February 26, 1931 NASA procurement shall be accurately

(40 U.S.C. 258a) and the acts supple

mentary thereto and amendatory theremeasured, recorded, and publicized.

of, to sign declarations of taking. Subpart 5-Delegations and

(4) Exercise for NASA the authority

contained in section 203(b) (14) of the Designations

National Aeronautics and Space Act of AUTHORITY: The provisions of this Subpart 1958, as amended, 42 U.S.C. 2473(b) (14) 5 issued under 42 U.S.C. 2473(b) (1), (3), to determine a fair and reasonable reim(5), (6), and (14) unless otherwise noted. bursement the owners and tenants of

land and interests in land in accordance $ 1204.500 Scope of subpart.

with the provisions of NASA ManageThis subpart establishes various dele- ment Instruction 8811.2, but in no event gations of authority to, and designations in excess of 25 per centum of the fair of, National Aeronautics and Space Ad- value of the parcel of land or interests ministration officials and other Govern- in land to which the reimbursement is ment officials acting on behalf of the related. (The fair value of land or an agency to carry out prescribed functions

interest in land shall be determined on

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