"Special code enforcement procedures," set forth in § 1204.804 will be used in the following types of cases arising under the "Code:"

(1) Complaints filed by one employee organization against another employee organization,

(2) Complaints filed by one or more employee organizations against a NASA installation,

(3) Complaints filed by a NASA installation against one or more employee organizations, and

(4) Complaints filed by an employee or several employees against an employee organization under section 3.2(b) of the "Code."

§ 1204.804 Special code enforcement procedures.

(a) Processing complaints. Complaints charging fair labor practice violations of the type listed in § 1204.803 (d) will be processed under the "Special code enforcement procedures" as set forth in his $1204.804. All other cases arising inder the "Code" will be processed hrough the applicable procedure as set orth in § 1204.803 (b) and (c). No mployee organization may seek review of a given fair labor practices complaint inder more than one procedure, either concurrently or sequentially.

(b) Use of informal methods. It is xpected there will be maximum use of nformal contacts and discussions with nd between the parties involved and ny national or international organizaion with which a local organization is ffiliated. Such means should produce n acceptable resolution or adjustment f the complaint without resort to more ormal procedures.

(c) Documentation. All complaints falleged violation of the "Code" filed nder this procedure must:

(1) Be in writing,

(2) Be directed to the Administrator, ASA, via the Director of Personnel, ASA, and

(3) State in detail the incident or incients which gave rise to the complaint. copy of the complaint must be furshed by the complainant to the party parties to the proceeding.

(d) Procedures-(1) Step 1-prelimiry review. Cases received will be reewed by the Director of Personnel, ASA, and additional efforts will be ade to resolve the matter by informal eans. If the parties fail to come to

an acceptable resolution, the Director of Personnel, NASA, will forward the case to the Administrator, NASA, with recommendation for a formal review.

(2) Step 2-formal review. Upon receipt of a case, the Administrator will designate an ad hoc Fair Labor Practice Review Officer (hereinafter referred to as the Review Officer) who will establish the facts of the case and recommend its disposition. The Review Officer will be a NASA employee who is organizationally located outside the NASA installation concerned. In carrying out his responsibility, the Review Officer will proceed in accordance with the applicable provisions of section 3.3 of the "Code" and the following procedures:

(i) The Review Officer will make a preliminary inquiry into the matter to determine if further investigation, including a hearing, is necessary to develop the facts.

(ii) If a hearing is determined to be necessary, the Review Officer will act as hearing officer using, as a general guide, the Civil Service Commission's Personnel Methods Series Pamphlet No. 16, "Conducting Hearings on Employee Appeals."

(iii) The Review Officer will set forth the results of the investigation or hearing, in writing, in the form of findings of fact, conclusions, and recommendations, and forward such report to the Administrator, NASA, for decision.

(3) Final Decision. The Administrator, NASA, will review the report and records of the case and will render a final decision consistent with the requirements of section 3.4 of the "Code". There is no appeal from this decision of the Administrator, NASA.

§ 1209.101

Establishment of board.

(a) A Board of Contract Appeals for the National Aeronautics and Space Administration (NASA) was established pursuant to NASA Management Instruction 2-4-1, effective June 25, 1959, with offices located at NASA Headquarters, Washington, D.C.

(b) (1) The Board of Contract Appeals (hereinafter referred to as the Board) shall hereafter consist of five permanent members designated by the Administrator, one of whom shall be designated as Chairman and one as ViceChairman. The Vice-Chairman is empowered to exercise all the powers of the Chairman, as authorized by the Chairman, or in his absence.

(2) Additional members may be designated by the Administrator to serve on the Board on an ad-hoc basis for the adjudication of particular appeals.

(3) Membership on the Board shall be limited to persons admitted to the practice of law before the highest court in the jurisdiction in which they are members of the bar.

(c) In the discretion of the Chairman, an appeal may be adjudicated by the full membership of the Board or by a panel of three members, including adhoc members. Two members of a panel shall constitute a majority of the Board for the appeal involved.

§ 1209.102 Functions of board.

(a) The Board is authorized to act for and exercise the full authority of the

Administrator in all cases in which, by the terms of a contract, the contractor may appeal to the Administrator or his representative from the findings of fact and final decision of the contracting offcer or his authorized representative. No member of the Board shall consider an appeal if he has participated in the awarding or administration of the contract in dispute.

(b) The Board shall have all powers necessary for the proper performance of its duties. This includes but is not limited to authority to conduct hearings, dismiss proceedings, order the production of documents and other evidence, take official notice of facts within general knowledge, and decide all questions of fact and law raised by the appeal. There shall be no administrative appeal from decisions of the Board.

§ 1209.103 NASA representation.

The General Counsel of the National Aeronautics and Space Administration shall designate counsel to represent the interests of the Government in proceedings before the Board.

Subpart 2-Source Evaluation Boards

SOURCE: The provisions of this Subpart 2 appear at 26 F.R. 1443, Feb. 18, 1961. § 1209.200 Scope of subpart.

This subpart prescribes procedures for the establishment and operation of Source Evaluation Boards and for the appointment of members thereto.

§ 1209.201 Establishment of board.

(a) Use of Source Evaluation Boards. Source Evaluation Boards are appropriate for competitive negotiated procurement for research and development:

(1) When the estimated cost of the contract will exceed $1,000,000;

(2) When the estimated cost of the contract will not exceed $1,000,000 but it is likely that the source selected will receive other contracts for later phases of the same project which together would total more than $1,000,000; or

(3) When other factors make the use of Source Evaluation Board procedures desirable, such as selection of companies with which to place study contracts.

(b) Appointing authorities-(1) Associate Administrator. The Associate Administrator will appoint Source Evaluation Boards under the following conditions:

(i) When the estimated cost of the procurement will exceed $5,000,000 and

the approved procurement plan calls for use of a Source Evaluation Board.

(ii) When the head of a field installation has referred a procurement plan to the Associate Administrator for approval, and such plan calls for use of a Source Evaluation Board.

(2) Head of field installation. Except for those procurements requiring appointment of a Source Evaluation Board by the Associate Administrator in subparagraph (1) of this paragraph, the head of a field installation will appoint a Source Evaluation Board when the approved procurement plan calls for the use of such a board.

§ 1209.202 Appointment of members.

(a) Appointment of members to a Source Evaluation Board shall be made promptly upon approval of a procurement plan calling for the use of such a board, and prior to the issuance of requests for proposals.

(b) Source Evaluation Boards shall be composed chiefly of technical staff members who are familiar with the technical details of the procurement. However, each board shall also include one or more representatives of the business management staff.

(c) When Source Evaluation Boards are appointed by the head of a field installation, at least one representative from the Headquarters technical and business management staffs, respectively, shall be selected by appropriate Headquarters offices to serve on the board, unless the Headquarters offices determine otherwise.

(d) The appointing authority shall designate one board member to serve as chairman.

§ 1209.203 Board procedures.

The NASA internal procedures to be followed by Source Evaluation Boards are set forth in the Manual of Procedures for NASA Source Evaluation Boards. § 1209.204

Selection of source.

(a) When Source Evaluation Board procedures are utilized, the selection of a source for negotiation shall be made by the appointing authority, except that when the Associate Administrator is the appointing authority, the selection shall be made by the Administrator.

(b) In rare instances, the appointing authority may select more than one source for the submission of additional data to NASA prior to selecting the

source with which to conduct negotiations. These instances will be strictly confined to situations where it is clearly in NASA's interest to acquire more information from companies submitting the best proposals before making the selection.

§ 1209.205

Disclosure of private inter

ests of board members.

Any member of a Source Evaluation Board or any of its advisory committees who, at any time following his appointment, finds that he has an interest in or connection with a company submitting a proposal for evaluation by the board or committee on which he serves shall promptly report the fact of his interest or connection, and the nature of it, to the appointing authority. A reportable interest or connection shall include the following:

(a) Ownership of a company's securities by a member or his wife;

(b) Close family relationship to an official of a company;

(c) Any other interest in or connection with a company which might tend to subject NASA to criticism on the basis that such interest or connection would impair the objectivity of a member's participation on a board or committee. The appointing authority shall determine in each case whether the board or committee member making such a report will be excused from serving on the board or committee, or take other appropriate action.

§ 1209.206 Disclosure of information. Participants in the proceedings of Source Evaluation Boards or any of its advisory committee shall observe the provisions of 41 CFR Part 18-3 regarding disclosure of information.

Subpart 3-Contract Adjustment
Board

SOURCE: The provisions of this Subpart 3 appear at 24 F.R. 7638, Sept. 23, 1959, unless otherwise noted.

§ 1209.300 Scope of subpart.

This subpart establishes a Contract Adjustment Board (hereinafter referred to as "the Board") to dispose of requests for extraordinary contractual adjustments by contractors of the National Aeronautics and Space Administration (hereinafter referred to as "NASA”).

§ 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 making, performance, amendment, or modification of contracts, whenever he deems that such action would facilitate the national defense.

(b) Executive Order No. 10789, November 14, 1958 (3 CFR, 1958 Supp., 23 F.R. 8897) (hereinafter referred to as "the Executive Order") authorizes the Administrator of the National Aeronautics and Space Administration (referred to in this subpart as "the Administrator"), under regulations prescribed by him, to exercise the authority conferred by the Act.

(c) NASA Management Instruction No. 18-61.1, September 23, 1959 (41 CFR Part 18-61), establishes standards and procedures for the disposition of requests for extraordinary contractual adjustments by NASA contractors.

or release of any obligations. The decisions of the Board shall be final but the Board may reconsider and modify, correct, or reverse any Board decision previously made. The Board shall have authority to do all acts and things necessary or appropriate for the conduct of its functions. The General Counsel of NASA shall provide the Board with all necessary legal advice and assistance.

PART 1210-DEVELOPMENT WORK FOR INDUSTRY IN NASA WIND TUNNELS AND ENGINE TEST FACILITIES

Sec. 1210.1

1210.2

1210.3

Introduction.

General classes of work.
Priorities and schedules.

1210.4 Company projects.
1210.5 Government projects.

1210.6 Model preparations and conduct of tests.

AUTHORITY: The provisions of this Part 1210 issued under R.S. 161; sec. 101, 63 Stat. 936; 5 U.S.C. 22; 50 U.S.C. 511.

SOURCE: The provisions of this Part 1210 appear at 19 F.R. 5947, Sept. 14, 1954, unless otherwise noted. Transferred 24 F.R. 3574, May 5, 1959.

§ 1210.1 Introduction.

(a) Authority. The regulations in this part are promulgated under authority of the Unitary Wind Tunnel Plan Act of 1949, Public Law 415, 81st Congress (63 Stat. 936, 50 U.S.C. sec. 511). This statute states that "The facilities authorized * * shall be operated and staffed by the Committee 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 the public interest, with proper emphasis upon the requirements of each miltary service and due consideration of civilian needs."

(b) NASA policy. (1) In accordance with present NASA policy other NASA facilities, used primarily for research, may also be used for development work when it is in the public interest.

(2) It is the policy of the NASA not to compete with commercial facilities. Development work will be undertaken in NASA facilities only when it cannot be done in an available commercial facility.

§ 1210.2

General classes of work. Development work in the NASA facilities shall be divided into company projects and Government projects:

(a) Company projects. Work for industry on (1) projects which are neither under contract with nor supported by a letter of intent from a Government agency, and (2) tests desired by a company which are related to a Government project as defined in paragraph (b) of this section but are beyond the scope of the tests requested by a Government agency. The fee charged the company for this work will be the actual operating cost to the NASA. By law such fees are deposited in the U. S. Treasury as miscellaneous receipts and are not available for expenditure by NASA.

(b) Government projects. Work for industry on projects which are either under contract with or supported by a letter of intent from a Government agency. The work must be requested by the Government agency. No fee will be charged for this type of work.

§ 1210.3 Priorities and schedules.

(a) Priority. Development work shall have first priority in the use of the three Unitary wind tunnels. In addition, research proposed by the military services, NASA technical committees, or NASA staff and considered by the NASA to be in the public interest will be conducted on a "fill-in" basis. Research work shall have first priority in other NASA facilities.

(b) Schedules. Schedules showing the allocation of testing time for company projects and Government projects for each Unitary wind tunnel will be established each month for the ensuing sixmonth period and released to parties concerned by the 20th day of each month.

§ 1210.4 Company projects.

(a) Initiation of company projects. Company projects shall be initiated by a written request to NASA Headquarters stating the purpose and general range of desired tests. The NASA Headquarters will arrange a conference with representatives of the requesting company to establish the test program, model and equipment requirements, and test schedule.

(b) Scheduling of tests. During the first year of operation of each Unitary wind tunnel, 60 working days will be re

served for company projects. This time will be divided into four approximately equal blocks not running consecutively. After this initial operating period the total reserved time and the length of each block will be adjusted to meet the future estimated work load. In scheduling the time set aside for company projects consideration will be given to the order of receipt at the NASA Headquarters of written requests for testing time as well as time previously scheduled for the company. No more than one-fourth of the annual time allocated for company projects in any facility shall be assigned to a single company if there are other bona fide requests for the remaining time.

(c) Fees for company projects. (1) The fee for a company project will be the cost to the NASA and will include the following charges: (i) For facility occupancy time, (ii) for electric power, and (iii) for reducing the test data and preparation of the standard data report. Any additional computation and data analysis requested by the company will be at extra cost.

(2) The occupancy time will be computed from the scheduled date for starting the installation of the test article in the wind tunnel test section through the day on which the test article is removed from the test section and the test section restored to its original condition.

(3) The occupancy time rate will be computed from the sum of the annual cost of the operating crew plus the estimated annual maintenance cost of the facility: The annual cost of the operating crew will be determined from direct wages plus appropriate indirect charges for technical supervision and clerical and administrative services. The annual maintenance cost shall consist of the estimated cost of maintaining and repairing the facility proper and apparatus plus normal replacement of test equipment and necessary services rendered the facility.

(4) The sum of the annual cost for the operating crew and the estimated annual maintenance cost divided by 46 gives the weekly occupancy rate. This fee will be charged per basic week of five days, each day to be 5 week. The remaining six weeks over 46 for each year are the estimated maintenance reserve and holiday allowance; hence no charge will be made for a holiday occurring during a test period.