(a)Establishment of price. NASA will establish, and update as appropriate, the standard flight price under this § 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 § 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 § 1214.115, available on the flight.
(2) Customers contracting for a standard shared flight meeting the criteria of § 1214.117 are eligible for a portion of the standard services, as defined in § 1214.115, available on the flight. The 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 § 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 § 1214.102(c).
(3) The computed charge factor for a payload is defined as:
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.
(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.
(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 § 1214.101.
(2)Payment schedule for standard services.
(i) Payment for standard services will be made in accordance with the following schedule:
Number of months before launch flight is scheduled
(ii) Unless otherwise agreed to by NASA, for purposes of the payment schedule of § 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, except for a final adjustment for escalation.
(i)Late payment fees. Customers who do not meet the payment schedule defined in § 1214.103(h) will be subject to a late payment fee established by NASA in the launch agreement.
Title 14 published on 2014-01-01
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