
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC5806]

 
                      TITLE 15--COMMERCE AND TRADE
 
              CHAPTER 84--COMMERCIAL SPACE COMPETITIVENESS
 
Sec. 5806. Anchor tenancy and termination liability


(a) Anchor tenancy contracts

    Subject to appropriations, the Administrator \1\ or the 
Administrator of the National Oceanic and Atmospheric Administration may 
enter into multiyear anchor tenancy contracts for the purchase of a good 
or service if the appropriate Administrator determines that--
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    \1\ See ``Administrator'' Defined note below.
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        (1) the good or service meets the mission requirements of the 
    National Aeronautics and Space Administration or the National 
    Oceanic and Atmospheric Administration, as appropriate;
        (2) the commercially procured good or service 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) Contracts entered into under subsection (a) of this section 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), shall 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 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) 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.

(Pub. L. 102-588, title V, Sec. 507, Nov. 4, 1992, 106 Stat. 5127.)


                        ``Administrator'' Defined

    Administrator means Administrator of the National Aeronautics and 
Space Administration, see section 102(f) of Pub. L. 102-588, 106 Stat. 
5110.
