[Code of Federal Regulations]
[Title 14, Volume 5, Parts 1200 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1214.103]

[Page 93-95]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1214--SPACE FLIGHT--Table of Contents
 
 Subpart 1214.1--General Provisions Regarding Space Shuttle Flights of 
        Payloads for Non-U.S. Government, Reimbursable Customers
 
Sec. 1214.103  Reimbursement for standard services.

    (a) Establishment of price. NASA will establish, and update as 
appropriate, the standard flight price under this Sec. 1214.1.
    (b) Advance pricing. NASA normally will agree to a standard flight 
price no later than 3 years in advance of launch.
    (c) Price stability. The standard flight price will be fixed, 
subject to the terms of the launch agreement, and subject to escalation 
pursuant to Sec. 1214.103(d), and will be the price set by NASA as of 
the time of signing a launch agreement.
    (d) Escalation of payments. With the exception of payments for 
earnest money, all payments will be escalated according to the U.S. 
Bureau of Labor Statistics Index, ``Private Business Sector, All 
Persons: Productivity, Hourly Compensation, Unit Labor Cost and Prices 
Seasonally Adjusted'' table, ``Compensation, Per Hour,'' column 
published in the U.S. Department of Labor, Bureau of Labor Statistics, 
news release entitled ``Productivity and Costs.''
    (e) Independence of pricing and manifesting. The standard flight 
price for a shared flight payload as computed from 1214.103(g) will be 
independent from the actual payload manifest for a specific shared 
flight.
    (f) Allocation of services. (1) Customers contracting for a 
dedicated flight are eligible for the full standard services, as defined 
in Sec. 1214.115, available on the flight.
    (2) Customers contracting for a standard shared flight meeting the 
criteria of Sec. 1214.117 are eligible for a portion of the standard 
services, as defined in Sec. 1214.115, available on the flight. The

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basis of apportionment will be determined by NASA and will be a function 
of the payload load factor.
    (g) Computation of prices. (1) The Shuttle standard flight price for 
a dedicated flight is the dedicated flight price as defined in 
Sec. 1214.102(c).
    (2) The Shuttle standard flight price for a standard shared flight 
is the product of the payload's charge factor and the dedicated flight 
price as defined in Sec. 1214.102(c).
    (3) The computed charge factor for a payload is defined as:
    [GRAPHIC] [TIFF OMITTED] TC14NO91.003
    
    If the computed charge factor exceeds 1.0, the charge factor will be 
1.0. If the computed charge factor is less than 0.067, the charge factor 
will be 0.067.
    (4) The load factor is defined as the maximum of:
    [GRAPHIC] [TIFF OMITTED] TC14NO91.004
    

where:
    (i) Payload length is as defined in Sec. 1214.102(j);
    (ii) Payload weight is as defined in Sec. 1214.102(k);
    (iii) For those payloads for which NASA has reviewed and accepted a 
NASA Form 1628 (Request for Flight Assignment) and received earnest 
money (if required) prior to (insert date of publication in Federal 
Register), the Shuttle lift capability for a shared flight, standard 
launch will be 29,478 kg. For all other payloads, the lift capability 
for a shared flight, standard launch will be 21,542 kg.
    (h) Payment schedule--(1) Earnest money. Earnest money in the amount 
of $100,000 per payload will be paid to NASA by the customer. The 
earnest money will be paid at the time of submission of a NASA Form 
1628, and will be applied to the first payment made by the customer 
toward the standard flight price, or will be retained by NASA unless 
NASA determines that the payload does not meet the eligibility criteria 
referenced in Sec. 1214.101.
    (2) Payment schedule for standard services. (i) Payment for standard 
services will be made in accordance with the following schedule:

----------------------------------------------------------------------------------------------------------------
                                                                     Percent of price due
                                            --------------------------------------------------------------------
  Number of months before launch flight is                         Months prior to scheduled launch date
                 scheduled                    At time of -------------------------------------------------------
                                              scheduling    33      24      18      12       6       3     Total
----------------------------------------------------------------------------------------------------------------
33 or more.................................  ...........      10      10      15      25      25      15     100
24-32......................................           11  ......      10      15      25      25      15     101
18-23......................................           23  ......  ......      15      25      25      15     103
12-17......................................           42  ......  ......  ......      25      25      15     107
6-11*......................................           73  ......  ......  ......  ......      25      15     113
3-5*.......................................          107  ......  ......  ......  ......  ......      15     122
Less than 3*...............................          122  ......  ......  ......  ......  ......  ......     122
----------------------------------------------------------------------------------------------------------------
*Additional charges pursuant to Sec.  1214.103(h)(2)(ii) also may apply.

    (ii) Unless otherwise agreed to by NASA, for purposes of the payment 
schedule of Sec. 1214.103(h)(2)(i), the percent of price due at the time 
of scheduling will be the cumulative amount due at the time of:
    (A) NASA's initial commitment to the schedule of a newly scheduled 
payload;
    (B) A customer's requested rescheduling of a payload such that it 
will be launched at an earlier date; or
    (C) Rescheduling of a payload postponed at the request of the 
customer or caused by the customer.
    (iii) If the time from a customer's request for initial scheduling 
or rescheduling of a payload is less than 1 year from the launch date 
being requested, and NASA can accommodate the request, NASA may also 
charge the customer any estimated additional cost of providing standard 
services on such a shortened schedule.
    (iv) Normally no charges for standard services will be made after 
the flight,

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except for a final adjustment for escalation.
    (i) Late payment fees. Customers who do not meet the payment 
schedule defined in Sec. 1214.103(h) will be subject to a late payment 
fee established by NASA in the launch agreement.