14 C.F.R. PART 1209—BOARDS AND COMMITTEES
Title 14 - Aeronautics and Space
Authority: Pub. L. 85–804 and 42 U.S.C. 2473(c)(1).
Source: 51 FR 28924, Aug. 13, 1986, unless otherwise noted.
This subpart continues in effect the Contract Adjustment Board (hereinafter referred to as “the Board”) to consider and dispose of requests for extraordinary contractual adjustments by contractors of the National Aeronautics and Space Administration (hereinafter referred to as NASA). (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 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) Federal Acquisition Regulation (FAR), part 50, April 1, 1985, and NASA/FAR Supplement 84–2, part 18–50, October 19, 1984, establishes standards and procedures for the disposition of requests for extraordinary contractual adjustments by NASA contractors. The Board was established on May 15, 1961, and is continued in effect by NASA Management Instruction (NMI) 1152.5 and this regulation. (a) The Board is authorized to act for and 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 action, including the modification or release of any obligations, and to make 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 shall 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. The Board will consist of a chairperson and four other members, all of whom shall be appointed by the Administrator. The General Counsel of NASA shall provide the Board with all necessary advice and assistance. Authority: 42 U.S.C. 2457(f) and 2458.
Source: 51 FR 3945, Jan. 31, 1986, unless otherwise noted.
This subpart describes the functions, authority, and membership of the NASA Inventions and Contributions Board (hereafter referred to as “the Board”). Pursuant to the authority of the National Aeronautics and Space Act of 1958 as amended (42 U.S.C. 2457(f) and 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 4. (a) Waiver of rights in inventions. Under the authority of 42 U.S.C. 2457(f) and pursuant to 14 CFR part 1245 subpart 1 (NASA Management Instruction 5109.2), the Board will receive 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 35 U.S.C. 207(b) and pursuant to 14 CFR part 1245 subpart 2 (NASA Management Instruction 5109.3), the Board will accord a licensee or applicant for license an opportunity for a hearing with respect to an appeal which raises a dispute over material facts and will be responsible for making findings of fact and forwarding them to the Administrator or designee. (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, the Board will receive and evaluate each application for award for any scientific or technical contribution to the Administration which is determined to have 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 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 $10,000 in accordance with NASA supplements to Chapter 451 of the Federal Personnel Manual covering this subject. [51 FR 3945, Jan. 31, 1986, as amended at 59 FR 35623, July 13, 1994] The Board is established within the Office of Policy Coordination and International Relations. [59 FR 35623, July 13, 1994] (a) The Board will consist of a full-time Chairperson and at least six members appointed by the Administrator from within NASA. One of the members will be designated by the Chairperson 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 normally will be appointed initially for a period of 3 years. 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 3-year term upon the expiration of the original term. This procedure will provide the Board with a continual infusion of new members with a variety of professional backgrounds and interests. Duties performed by the members of the Board will be in addition to their regular duties. (c) The Chairperson is authorized to: (1) Assemble the Board as required to discharge the duties and responsibilities of the Board; (2) Establish such panels as may be considered necessary to discharge the responsibilities and perform the functions of the Board; and (3) Issue implementing rules and procedures, and take such other actions as are necessary to perform the Board's functions. (a) The staff of the Board is established to assist the Board in discharging its functions and responsibilities. The staff will: (1) Prepare analyses of petitions for waiver of rights to inventions for the consideration of the Board; (2) Prepare evaluation of proposed awards; (3) Document Board actions; and (4) Perform such other functions as may be required. (b) A full-time director of the staff will serve as a nonvoting member of the Board, and will direct the activities of the staff of the Board. (c) The director of the staff of the Board will report to the Chairperson of the Board.
Title 14: Aeronautics and Space
PART 1209—BOARDS AND COMMITTEES
Section Contents
§ 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.
§ 1209.400 Scope.
§ 1209.401 Establishment.
§ 1209.402 Responsibilities.
§ 1209.403 Organizational location.
§ 1209.404 Membership.
§ 1209.405 Supporting services.
Subparts 1–2 [Reserved]
top
Subpart 3—Contract Adjustment Board
top
§ 1209.300 Scope.
top
§ 1209.301 Authority.
top
§ 1209.302 Establishment of Board.
top
§ 1209.303 Functions of Board.
top
§ 1209.304 Membership.
top
§ 1209.305 Legal advice and assistance.
top
Subpart 4—Inventions and Contributions Board
top
§ 1209.400 Scope.
top
§ 1209.401 Establishment.
top
§ 1209.402 Responsibilities.
top
§ 1209.403 Organizational location.
top
§ 1209.404 Membership.
top
§ 1209.405 Supporting services.
top
