NASA Proposed Rule on Cross-Waiver of Liability Clauses

May 5, 2011 at 8:28 am | Posted in Space Law Current Events | Leave a comment

by Sara M. Langston with the blog faculty

Source: Federal Register


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

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

Procurement, Contract Management Division (Suite 5J75); (202) 358-0799;

[For full Notice see here]

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