Title 51National and Commercial Space ProgramsRelease 119-73not60

§50503 Anchor Tenancy and Termination Liability

Title 51 › Subtitle Subtitle V— Programs Targeting Commercial Opportunities › Chapter 505— COMMERCIAL SPACE COMPETITIVENESS › § 50503

Last updated Apr 5, 2026|Official source

Summary

NASA or NOAA may sign multiyear "anchor tenancy" contracts to buy a good or service if Congress provides money and six conditions are met: the purchase fits the agency’s mission, is cost-effective, was awarded competitively, has non‑Government customers identified, does not rely on ongoing unpaid Government support, and has private money at risk. Those contracts may allow payments if the Government cancels for convenience, but the payments must follow a fixed schedule and cannot be more than what the Government would have paid after cancellation. Money set aside for cancellation can be used to buy delivered goods if enough remains to cover any leftover cancellation payments. Contracts can run no more than 10 years, must be fixed‑price, use reasonable performance specs, and the agency can cancel without payment if the contractor fails or will fail to perform.

Full Legal Text

Title 51, §50503

National and Commercial Space Programs — Source: USLM XML via OLRC

(a)Subject to appropriations, the Administrator 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—
(1)the good or service meets the mission requirements of the 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)(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), 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)(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5050315 U.S.C. 5806.Pub. L. 102–588, title V, § 507, Nov. 4, 1992, 106 Stat. 5127.

Reference

Citations & Metadata

Citation

51 U.S.C. § 50503

Title 51National and Commercial Space Programs

Last Updated

Apr 5, 2026

Release point: 119-73not60