51 U.S.C. § 30301 — Guaranteed customer base

Page 67 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30303 ‘‘(iii) the selection of such suppliers is subject to review and audit by NASA. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) COVERED CONTRACTOR.—The term ‘covered con- tractor’ means a contractor that supplies an elec- tronic part, or a product that contains an electronic part, to NASA. ‘‘(2) ELECTRONIC PART.—The term ‘electronic part’ means a discrete electronic component, including a microcircuit, transistor, capacitor, resistor, or diode, that is intended for use in a safety or mission critical application.’’ [For definitions of terms used in section 823 of Pub. L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.] AVOIDING ORGANIZATIONAL CONFLICTS OF INTEREST IN MAJOR ADMINISTRATION ACQUISITION PROGRAMS Pub. L. 115–10, title VIII, § 830, Mar. 21, 2017, 131 Stat. 66, provided that: ‘‘(a) REVISED REGULATIONS REQUIRED.—Not later than 270 days after the date of enactment of this Act [Mar. 21, 2017], the Administrator [of the National Aero- nautics and Space Administration] shall revise the [Na- tional Aeronautics and Space] Administration Supple- ment to the Federal Acquisition Regulation to provide uniform guidance and recommend revised requirements for organizational conflicts of interest by contractors in major acquisition programs in order to address the elements identified in subsection (b). ‘‘(b) ELEMENTS.—The revised regulations under sub- section (a) shall, at a minimum— ‘‘(1) address organizational conflicts of interest that could potentially arise as a result of— ‘‘(A) lead system integrator contracts on major acquisition programs and contracts that follow lead system integrator contracts on such programs, par- ticularly contracts for production; ‘‘(B) the ownership of business units performing systems engineering and technical assistance func- tions, professional services, or management support services in relation to major acquisition programs by contractors who simultaneously own business units competing to perform as either the prime con- tractor or the supplier of a major subsystem or component for such programs; ‘‘(C) the award of major subsystem contracts by a prime contractor for a major acquisition program to business units or other affiliates of the same par- ent corporate entity, and particularly the award of subcontracts for software integration or the devel- opment of a proprietary software system architec- ture; or ‘‘(D) the performance by, or assistance of, con- tractors in technical evaluations on major acquisi- tion programs; ‘‘(2) require the Administration to request advice on systems architecture and systems engineering matters with respect to major acquisition programs from objective sources independent of the prime con- tractor; ‘‘(3) require that a contract for the performance of systems engineering and technical assistance func- tions for a major acquisition program contains a pro- vision prohibiting the contractor or any affiliate of the contractor from participating as a prime con- tractor or a major subcontractor in the development of a system under the program; and ‘‘(4) establish such limited exceptions to the requirement[s] in paragraphs (2) and (3) as the Ad- ministrator considers necessary to ensure that the Administration has continued access to advice on systems architecture and systems engineering mat- ters from highly qualified contractors with domain experience and expertise, while ensuring that such advice comes from sources that are objective and un- biased.’’ § 30301. Guaranteed customer base No amount appropriated to the Administra- tion may be used to fund grants, contracts, or other agreements with an expected duration of more than one year, when a primary effect of the grant, contract, or agreement is to provide a guaranteed customer base for or establish an anchor tenancy in new commercial space hard- ware or services unless an appropriations Act specifies the new commercial space hardware or services to be developed or used, or the grant, contract, or agreement is otherwise identified in such Act. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3363.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30301 .......... 42 U.S.C. 2459d. Pub. L. 102–139, title III, (1st par. under heading ‘‘Ad- ministrative Provisions’’, at 105 Stat. 771), Oct. 28, 1991, 105 Stat. 771. The words ‘‘in this or any other Act with respect to any fiscal year’’ are omitted as unnecessary. § 30302. Quality assurance personnel (a) EXCLUSION OF ADMINISTRATION PER- SONNEL.—A person providing articles to the Ad- ministration under a contract entered into after December 9, 1991, may not exclude Administra- tion quality assurance personnel from work sites except as provided in a contract provision that has been submitted to Congress as provided in subsection (b). (b) CONTRACT PROVISIONS.—The Administra- tion shall not enter into any contract which per- mits the exclusion of Administration quality as- surance personnel from work sites unless the Administrator has submitted a copy of the pro- vision permitting such exclusion to Congress at least 60 days before entering into the contract. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3363.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30302 .......... 42 U.S.C. 2459e. Pub. L. 102–195, § 19, Dec. 9, 1991, 105 Stat. 1615. In subsection (a), the date ‘‘December 9, 1991’’ is sub- stituted for ‘‘the date of enactment of this Act’’ to re- flect the date of enactment of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1992 (Public Law 102–195, 105 Stat. 1605). In subsection (a), the words ‘‘that has been submitted to Congress as provided’’ are substituted for ‘‘de- scribed’’ for clarity. § 30303. Tracking and data relay satellite services (a) CONTRACTS.—The Administration is au- thorized, when so provided in an appropriation Act, to enter into and to maintain a contract for tracking and data relay satellite services. Such services shall be furnished to the Administra- tion in accordance with applicable authorization and appropriations Acts. The Government shall incur no costs under such contract prior to the furnishing of such services except that the con- tract may provide for the payment for contin- gent liability of the Government which may ac- crue in the event the Government should decide for its convenience to terminate the contract before the end of the period of the contract. Fa-