SF30 80KSC020R0003 Amendment 002.pdf

CAPSTONE 80KSC020R0003

Amendment 002 delay is made by either party after L-60, each party shall have a total of 7 cumulative grace days, where no penalties apply, available for requests for launch delay.

If the Contractor or NASA requests a postponement of the launch date beyond any of Contractor’s or NASA’s remaining grace days, or the request is outside of the Launch Period defined in section B-2 but no later than June 30, 2021, the Parties agree to the following:

In lieu of 52.212-4(m), “Termination for Cause”, and in place of actual damages, and as fixed, agreed, and liquidated damages, the price of the launch service shall be reduced/increased by $TBP, for each requested 30 calendar day period, or part thereof, of delay. In this event, NASA or the Contractor shall have the right of approval of the revised launch date prior to its implementation.

A grace day is defined as the number of days the Contractor/NASA may delay the launch date, without incurring liquidated damages/postponement fees.

Each postponement request by the Contractor or NASA to the extent it postpones the launch date to no later than June 30, 2021, and that is not the result of paragraph H.8.2 herein is subject to the liquidated damages defined above.

H.8.2 NASA or the Contractor will not be charged with postponement fees/liquidated damages when the delay in delivery or performance arises solely out of causes beyond the control of NASA or the Contractor and not due to the fault or negligence of NASA or the Contractor.

These are considered no fault delays. Such causes include, but are not limited to the following:

Delays resulting from payload or launch vehicle launch day mission rules/constraints documented in the Contractor’s countdown procedure/process, FAA launch day constraints, range launch constraints, range mandatory hold requirements, acts of God, acts (including delay or failure to act) of any Governmental authority (De Jure or De Facto), wars (declared or undeclared), riots, revolution, hijacking, fires, freight embargoes, sabotage, epidemics, strikes and interruptions of essential services such as electricity, natural gases, fuels and water, or any condition which jeopardizes the safety of the employees of the Contractor, NASA, or its subcontractors.

H.8.3 If the Contractor requests a postponement of the launch date later than June 30, 2021, the Parties agree that NASA has the right to the following “Termination for Convenience,” 52.212-4(l) in lieu of 52.212-4(m), “Termination for Cause,” and in place of actual damages, and as fixed, agreed, and liquidated damages, there will be a one-time $TBP penalty fee paid by the Contractor not withstanding launch price adjustment that occurred as part of H.8.1.

If NASA requests a postponement of the launch date later than June 30, 2021, in place of actual damages, and as fixed, agreed, and liquidated damages, the price of the launch service shall be increased by $TBP, for each day request of delay up until the end of a newly established period of performance in addition to any delay fees paid via section H.8.1. In this event, Contractor shall have the right of approval of the revised launch date prior to its implementation. Upon Contractor approval, a total of 7 new grace days will be established for each NASA and the Contractor. After the grace days are expended, any additional delay by