NASA Proposed Rule on Cross-Waiver of Liability Clauses

by Sara M. Langston with the blog faculty Source: Federal Register NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1812, 1828, and 1852 RIN 2700-AD55 Cross-Waiver of Liability Clauses AGENCY: National Aeronautics and Space Administration. ACTION: Proposed rule. ———————— SUMMARY: NASA proposes to revise the NASA FAR Supplement (NFS) to consolidate and make changes to three currently-existing cross-waiver of liability clauses. The changes include consolidation of the three clauses into two clauses and retitleing the two clauses to more closely align the clauses with current mission programs including International Space Station (ISS) activities, and Science or Space Exploration activities unrelated to the ISS. The existing Expendable Launch Vehicle (ELV) clause will be broadened to apply to contracts and subcontracts related to a launch of any kind other than one involving the International Space Station. The International Space Station (ISS) activities cross-waiver of liability clause is revised and its applicably broadened to include Space Shuttle activities related to the ISS. Accordingly, the Space Shuttle services clause will be deleted in its entirety with all Space Shuttle activity falling under one of the two remaining clauses. These proposed changes to the NFS are being made to align contract clauses with the regulatory authority established by a final rule published February 26, 2008, which established NASA's cross-waiver of liability authority in two categories of NASA agreements. DATES: Interested parties should submit comments on or before July 5, 2011 to be considered in formulation of the final rule. ADDRESSES: Interested parties may submit comments, identified by RIN number 2700-AD55, via the Federal eRulemaking Portal: Follow the instructions for submitting comments. Comments may also be submitted to R. Todd Lacks (Mail Stop 5J75), NASA Headquarters, Office of Procurement, Contract Management Division, Washington, DC 20546. Comments may also be submitted by e-mail to FOR FURTHER INFORMATION CONTACT: R. Todd Lacks, NASA, Office of Procurement, Contract Management Division (Suite 5J75); (202) 358-0799; e-mail: [For full Notice see here]

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