51 U.S.C. § 50503 — Anchor tenancy and termination liability

Page 114 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50503 In subsection (a), the words ‘‘to become effective Oc- tober 1, 1993’’, which appeared at the end, are omitted as obsolete. § 50503. Anchor tenancy and termination liability (a) ANCHOR TENANCY CONTRACTS.—Subject to appropriations, the Administrator or the Ad- ministrator of the National Oceanic and Atmos- pheric Administration may enter into multiyear anchor tenancy contracts for the purchase of a good or service if the appropriate Administrator determines that— (1) the good or service meets the mission re- quirements of the Administration or the Na- tional Oceanic and Atmospheric Administra- tion, as appropriate; (2) the commercially procured good or serv- ice is cost effective; (3) the good or service is procured through a competitive process; (4) existing or potential customers for the good or service other than the United States Government have been specifically identified; (5) the long-term viability of the venture is not dependent upon a continued Government market or other nonreimbursable Government support; and (6) private capital is at risk in the venture. (b) TERMINATION LIABILITY.— (1) IN GENERAL.—Contracts entered into under subsection (a) may provide for the pay- ment of termination liability in the event that the Government terminates such contracts for its convenience. (2) FIXED SCHEDULE OF PAYMENTS AND LIMITA- TION ON LIABILITY.—Contracts that provide for the payment of termination liability, as de- scribed in paragraph (1), shall include a fixed schedule of such termination liability pay- ments. Liability under such contracts shall not exceed the total payments which the Gov- ernment would have made after the date of termination to purchase the good or service if the contract were not terminated. (3) USE OF FUNDS.—Subject to appropria- tions, funds available for such termination li- ability payments may be used for purchase of the good or service upon successful delivery of the good or service pursuant to the contract. In such case, sufficient funds shall remain available to cover any remaining termination liability. (c) LIMITATIONS.— (1) DURATION.—Contracts entered into under this section shall not exceed 10 years in dura- tion. (2) FIXED PRICE.—Such contracts shall pro- vide for delivery of the good or service on a firm, fixed price basis. (3) PERFORMANCE SPECIFICATIONS.—To the ex- tent practicable, reasonable performance spec- ifications shall be used to define technical re- quirements in such contracts. (4) FAILURE TO PERFORM.—In any such con- tract, the appropriate Administrator shall re- serve the right to completely or partially ter- minate the contract without payment of such termination liability because of the contrac- tor’s actual or anticipated failure to perform its contractual obligations. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3405.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50503 .......... 15 U.S.C. 5806. Pub. L. 102–588, title V, § 507, Nov. 4, 1992, 106 Stat. 5127. § 50504. Use of Government facilities (a) AUTHORITY.— (1) IN GENERAL.—Federal agencies, including the Administration and the Department of De- fense, may allow non-Federal entities to use their space-related facilities on a reimbursable basis if the Administrator, the Secretary of Defense, or the appropriate agency head deter- mines that— (A) the facilities will be used to support commercial space activities; (B) such use can be supported by existing or planned Federal resources; (C) such use is compatible with Federal ac- tivities; (D) equivalent commercial services are not available on reasonable terms; and (E) such use is consistent with public safe- ty, national security, and international trea- ty obligations. (2) CONSULTATION.—In carrying out para- graph (1)(E), each agency head shall consult with appropriate Federal officials. (b) REIMBURSEMENT PAYMENT.— (1) AMOUNT.—The reimbursement referred to in subsection (a) may be an amount equal to the direct costs (including salaries of United States civilian and contractor personnel) in- curred by the United States as a result of the use of such facilities by the private sector. For the purposes of this paragraph, the term ‘‘di- rect costs’’ means the actual costs that can be unambiguously associated with such use, and would not be borne by the United States Gov- ernment in the absence of such use. (2) CREDIT TO APPROPRIATION.—The amount of any payment received by the United States for use of facilities under this subsection shall be credited to the appropriation from which the cost of providing such facilities was paid. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3406.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50504 .......... 15 U.S.C. 5807. Pub. L. 102–588, title V, § 508, Nov. 4, 1992, 106 Stat. 5128. § 50505. Test facilities (a) CHARGES.—The Administrator shall estab- lish a policy of charging users of the Adminis- tration’s test facilities for the costs associated with their tests at a level that is competitive with alternative test facilities. The Adminis- trator shall not implement a policy of seeking full cost recovery for a facility until at least 30 days after transmitting a notice to the Com- mittee on Science and Technology of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Sen- ate.