Page:United States Statutes at Large Volume 124.djvu/3432

 124 STAT. 3406 PUBLIC LAW 111–314—DEC. 18, 2010 the event that the Government terminates such contracts for its convenience. (2) FIXED SCHEDULE OF PAYMENTS AND LIMITATION ON LIABILITY.—Contracts that provide for the payment of termi- nation liability, as described in paragraph (1), shall include a fixed schedule of such termination liability payments. Liability under such contracts shall not exceed the total pay- ments which the Government 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 appropriations, funds available for such termination liability payments may be used for pur- chase 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 termi- nation liability. (c) LIMITATIONS.— (1) DURATION.—Contracts entered into under this section shall not exceed 10 years in duration. (2) FIXED PRICE.—Such contracts shall provide for delivery of the good or service on a firm, fixed price basis. (3) PERFORMANCE SPECIFICATIONS.—To the extent practicable, reasonable performance specifications shall be used to define technical requirements in such contracts. (4) FAILURE TO PERFORM.—In any such contract, the appro- priate Administrator shall reserve the right to completely or partially terminate the contract without payment of such termi- nation liability because of the contractor’s actual or anticipated failure to perform its contractual obligations. § 50504. Use of Government facilities (a) AUTHORITY.— (1) IN GENERAL.—Federal agencies, including the Administra- tion 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— (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 activities; (D) equivalent commercial services are not available on reasonable terms; and (E) such use is consistent with public safety, national security, and international treaty obligations. (2) CONSULTATION.—In carrying out paragraph (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) incurred by the United States as a result of the use of such facilities by the private sector. For the purposes of this para- graph, the term ‘‘direct costs’’ means the actual costs that can be unambiguously associated with such use, and would