PART 1812


(September 2015)






                                            FOR THE ACQUISITION OF COMMERCIAL ITEMS

1812.301                           Solicitation provisions and contract clauses for the acquisition of

                                            commercial items.

1812.302                           Tailoring of provisions and clauses for the acquisition of commercial    




                                            CONDITIONS FOR COMMERCIAL ITEMS

1812.404                           Warranties.



1812.7000                         Anchor tenancy contracts.



PART 1812



Subpart 1812.3--Solicitation Provisions and Contract Clauses

 for the Acquisition of Commercial Items


1812.301  Solicitation provisions and contract clauses for the acquisition of commercial  items.


      (f)(i)  The following clauses are authorized for use in acquisitions of commercial items when required by the clause prescription:

            (A)  1852.204-75, Security Classification Requirements.

            (B)  1852.204-76, Security Requirements for Unclassified Information Technology Resources.

            (C)  1852.215-84, Ombudsman.

            (D)  1852.216-80, Task Order Procedures (Alternate I).

            (E)  1852.216-88, Performance Incentive.

            (F)  1852.219-73, Small Business Subcontracting Plan.

            (G)  1852.219-75, Small Business Subcontracting Reporting.

            (H)  1852.223-70, Safety and Health.

            (I)  1852.223-71, Frequency Authorization.

            (J)  1852.223-72, Safety and Health (Short Form).

            (K) 1852.223-73, Safety and Health Plan.

            (L) 1852.223-75, Major Breach of Safety and Security (Alternate I).

            (M) 1852.225-70, Export Licenses.

            (N) 1852.228-76, Cross-Waiver of Liability for International Space Station Activities.

            (O) 1852.228-78, Cross-Waiver of Liability for Science or Space Exploration Activities Unrelated to the International Space Station.

            (P) 1852.237-70, Emergency Evacuation Procedures.

            (Q) 1852.237-72, Access to Sensitive Information.

            (R) 1852.237-73, Release of Sensitive Information.

            (S) 1852.246-72, Material Inspection and Receiving Report.

            (T) 1852.247.71, Protection of the Florida Manatee.


      (ii)  No other provisions and clauses prescribed in the NFS or center documents shall be used in acquisitions of commercial items, except as permitted by FAR 12.302.


1812.302  Tailoring of provisions and clauses for the acquisition of commercial items.


      (c)  The Assistant Administrator for Procurement is the approval authority for waivers.  Requests for approval shall include a justification to substantiate tailoring of a provision or clause and shall be submitted to Headquarters Office of Procurement, Program Operations Division. Requests shall be prepared and submitted in accordance with 1801.471.


Subpart 1812.4--Unique Requirements Regarding Terms and

 Conditions for Commercial Items


1812.404  Warranties.


      (b)  In acquisitions under the Simplified Acquisition Threshold specified in FAR Part 13, Contracting officer’s shall not require any express warranty other than the offeror's commercial warranty.


Subpart 1812.70--Commercial Space Hardware or Services


1812.7000  Anchor tenancy contracts.


      (a)The term “anchor tenancy” means an arrangement in which the United States Government agrees to procure sufficient quantities of a commercial space product or service needed to meet Government mission requirements so that a commercial venture is made viable.


      (b) Subject to receiving an appropriation that—

            (1) Authorizes a multi-year anchor tenancy contract; and

            (2) Specifies the commercial space product or service to be developed or used, NASA may enter into a multi-year anchor tenancy contract only if Administrator determines –

                  (i)  The good or service meets the mission requirements of the National Aeronautics and Space Administration;

                        (ii)  The commercially procured good or service is cost effective;

                        (iii)  The good or service is procured through a competitive process;

                        (iv)  Existing or potential customers for the good or service other than the United States Government have been specifically identified;

                        (v)  The long-term viability of the venture is not dependent upon a continued Government market or other nonreimbursable Government support; and

                        (vi)  Private capital is at risk in the venture.


      (c) Contracts entered into under such authority may provide for the payment of termination liability in the event that the Government terminates such contracts for is convenience. 

            (i)  Contracts that provide for this payment of termination liability 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.

            (ii)  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.


      (d) Limitations:

            (1)  Contracts entered into under such authority 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 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.