4 - DRAFT CASR H Clause Options.pdf

Commercial Augmentation Space Reserve (CASR) H Clauses

This is a draft document to facilitate productive CASR Industry Day engagement. It is expected that feedback and discussion will drive refinement of this approach.

Commercial Augmentation Space Reserve Surge Support (additional capability capacity beyond baseline requirements)

The Government may require commercial surge support during the base or any option period.

Surge support includes exercising pre-negotiated services for increased commercial capacity and/or any other within scope changes to the defined task areas of the PWS that do not, in total, exceed an agreed upon percentage of the contractor’s total proposed price for the base year services and all option periods. Surge support may vary but will be tailored to the Government’s conflict/crisis needs. The Contracting Officer may add surge support to defined task areas of the

Performance Work Statement (PWS) by unilateral modification defining the scope of government funding. The Contracting Officer will provide written notice to the contractor at least 30 calendar days prior to any unilateral modification. In cases where the Government chooses to seek a proposal and negotiations to incorporate the additional support, a bilateral modification may be issued.

Full CASR Execution Support

Beyond CASR Baseline and Surge Support, the Government may require additional capacity support in times of war, major conflict, national, or international emergency. As Directed by the

President or the Secretary of Defense, the Government will enter full CASR execution support and shall have top priority and, if required, exclusive access to commercial capacity over designated geographic areas. The government may also direct denial of service to vendor customers or denial of service over designated geographic areas. In the event the President or the Secretary of Defense direct full CASR execution support, the Contracting Officer will notify the contractor and unilaterally modify the contract defining the scope of government funding.

The resulting support will be within scope of the contracted services without limit to value increase during the duration of time full CASR execution support is directed. In cases where the

Government chooses to seek a proposal and negotiations to incorporate the additional support, a bilateral modification may be issued.

Full CASR Execution Support (Alternative 1)

In addition to CASR Baseline and Surge Support, the Government may require additional capacity support in times of war, major conflict, national or international emergency. As

Directed by the President or the Secretary of Defense, the Government will enter full CASR execution support and shall have top priority and, if required, exclusive access to commercial capacity over designated geographic areas. The Government may also direct denial of service to vendor customers or denial of service over designated geographic areas. In the event the

President or the Secretary of Defense direct full CASR execution support, the Contracting

Officer will notify the contractor and unilaterally modify the contract defining the scope of government funding. The resulting support will be within scope of the contracted services without limit to value increase during the duration of time full CASR execution support is directed. In cases where the Government chooses to seek a proposal and negotiations to incorporate the additional support, a bilateral modification may be issued.

Full CASR Execution Support (Alternative 2)

In addition to CASR Baseline and Surge Support, the Government may require additional capacity support in times of war, major conflict, national or international emergency. As

Directed by the President or the Secretary of Defense, the Government will enter full CASR execution support and shall have top priority and, if required, exclusive access to commercial capacity over designated geographic areas. The Government may also direct denial of service to vendor customers or denial of services over designated geographic areas. In the event the

President or the Secretary of Defense direct full CASR execution support, the Contracting

Officer will notify the contractor and unilaterally modify the contract defining the scope of government funding. The resulting surge support will be within scope of the contracted services without limit to value increase during the duration of time full CASR execution support is directed. In cases where the Government chooses to seek a proposal and negotiations to incorporate the additional support, a bilateral modification maybe issued. Upon or after modification pursuant to this clause, the Contractor and Government will mutually agree on an equitable adjustment.

Full CASR Execution Support (Alternative 3)

In addition to CASR Baseline and Surge Support, the Government may require additional capacity in times of war, major conflict, national or international emergency. As Directed by the

President or the Secretary of Defense, the Government will enter full CASR execution support and shall have top priority and, if required, exclusive access to commercial capacity over designated geographic areas. The Government may also direct denial of service to vendor customers or over designated geographic areas. In the event the President or the Secretary of

Defense direct full CASR execution support, the Contracting Officer will notify the contractor and unilaterally modify the contract defining the scope of government funding. The resulting surge support will be within scope of the contracted services without limit to value increase during the duration of time full CASR execution support is directed. In cases where the

Government chooses to seek a proposal and negotiations to incorporate the additional support, a bilateral modification may be issued. Upon Contracting Officer direction under this clause, the

Contractor shall provide to the Government all required commercial capabilities over a designated area from any Contractor satellite licensed under a Department of Commerce CRS license. Additionally, the Contractor shall permanently withhold all commercial capabilities collected by the Contractor's satellites over the designated area from resale or exposure to a public domain or interface and shall make the commercial capabilities available only to users approved by the Government. The designated area will be significant, and the duration of direction will be finite. The Contractor shall deliver the commercial capabilities under the

Government-ordered EULA using existing Government interfaces. Upon or after modification pursuant to clause this clause, the Contractor and Government will mutually agree on an equitable adjustment.