Page:United States Statutes at Large Volume 106 Part 6.djvu/570

 106 STAT. 5128 PUBLIC LAW 102-588—NOV. 4, 1992 (6) private capital is at risk in the venture. (b) TERMINATION LIABILITY. — (1) Contracts entered into under subsection (a) may provide for the payment of termination liability in the event that the Government terminates such contracts for its convenience. (2) Contracts that provide for the payment of termination liability, as described in paragraph (1), snail include a fixed schedule of such termination liability payments. Liability under such contracts shall not exceed the total payments which the Government would have made after the date of termination to purchase the good or service if the contract were not terminated. (3) Subject to appropriations, funds available for such termination liability payments ma^ 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) Contracts entered into under this section shall not exceed 10 years in duration. (2) Such contracts shall provide for delivery of the good or service on a firm, fixed price basis. ^ (3) To the extent practicable, reasonable performance specifications shall be used to define technical requirements in such contracts. (4) In any such contract, the appropriate Administrator shall reserve the right to completely or partially terminate the contract without payment of such termination liability because of the contractor's actual or anticipated failure to perform its contractual obligations. 15 USC 5807. SEC. 508. USE OF GOVERNMENT FACILITIES. (a) AUTHORITY. — Federal agencies, including the National Aeronautics and Space Administration and the Department of Defense, 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 determines that— (1) the facilities will be used to support commercial space activities; (2) such use can be supported by existing or planned Federal resources; (3) such use is compatible with Federal activities; (4) equivalent commercial services are not available on - reasonable terms; and (5) such use is consistent with public safety, national security, and international treaty obligations. In carrying out paragraph (5), eadd agency head shall consult with appropriate Federal officials. (b) REIMBURSEMENT PAYMENT.— (1) 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) incurred 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 "direct costs" means the actual costs that can be unambiguously associated with such use, and would not be borne by the United States Government in the absence of such use. (2) The amount of any payment received by the United States for use of facilities under tnis subsection shall be credited to the

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