Page:United States Statutes at Large Volume 104 Part 4.djvu/891

 PUBLIC LAW 101-611—NOV. 16, 1990 104 STAT. 3207 (c) NATIONAL AERONAUTICS AND SPACE ADMINISTRATION LAUNCH VEHICLES.—Launch vehicles shall be acquired or owned by the National Aeronautics and Space Administration only— (1) as required under circumstances described in subsection (b);or (2) by the National Aeronautics and Space Administration for conducting research and development on, and testing of, launch technology. (d) PHASE-IN PERIOD.— Subsections (a) and (c) shall not apply to launch services and launch vehicles purchased by the National Aeronautics and Space Administration before the date of enactment of this Act. (e) HISTORICAL PURPOSES.—This title shall not be interpreted to prohibit the National Aeronautics and Space Administration from acquiring, owning, or maintaining launch vehicles solely for historical display purposes. SEC. 205. PURCHASE OF LAUNCH SERVICES. (a) FULL AND OPEN COMPETITION.—(1) Contracts to provide launch services to the National Aeronautics and Space Administration under section 204 shall be awarded on the basis of full, fair, and open competition, consistent with section 2304 of title 10, United States Code, and section 311 of the National Aeronautics and Space Act of 1958. (2) The National Aeronautics and Space Administration shall limit its requirements for submission of cost or pricing data in support of a bid or proposal to that data which is reasonably required to protect the interests of the United States. (b) SPECIFICATION SYSTEMS.—Reasonable performance specifications, not detailed Government design or construction specifications, shall be used to the maximum extent feasible to define requirements for a commercial provider bidding to provide launch services. This subsection shall not preclude the National Aeronautics and Space Administration from requiring compliance with applicable safety standards. SEC. 206. OTHER ACTIVITIES OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION. (a) COMMERCIAL PAYLOADS ON THE SPACE SHUTTLE.— Commercial payloads may not be accepted for launch as primary payloads on the space shuttle unless the Administrator of the National Aeronautics and Space Administration determines that— (1) the payload requires the unique capabilities of the space shuttle; or (2) launching of the payload on the space shuttle is important for either national security or foreign policy purposes. (h) REPORT. —By March 15, 1991, the Administrator, in consultation with the Office of Federal Procurement Policy, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report outlining the minimal requirements for documentation and other administrative data needed to procure launch services in a commercially reasonable manner, including— (1) the need for data to integrate a payload with a launch vehicle; 42 USC 2465e. Government contracts. 42 USC 2465f.

�