Europa Clipper RFP Amendment 2.pdf

80KSC021R0018

Amendment 2

SF 30 Continuation Page

Amendment 2 to the solicitation:

A. Revised Section C, Contract Terms and Conditions, Page C-29, Clause 32.4 to update 42 U.S.C. 2473(a) to 51 U.S.C. 20112(a); and 42 U.S.C. 2473(c) to 51 U.S.C. 20113(m).

Section C Europa Clipper Contract Terms and Conditions 80KSC021R0018 Rev 2

C-29

32.3 Required Insurance for Liability to Third Parties

(A) The Contractor shall continue in effect or acquire insurance to protect the Parties and the Related Parties from liability for claims from Third Parties for damage to or loss of property or personal injury or death arising in connection with the covered launch activities under this contract. The amount of the required insurance shall be the maximum amount available in the commercial marketplace at reasonable cost, but shall not exceed $500 million. The policy or policies shall name NASA and the related parties as additional insured parties. Required insurance coverage shall attach no later than the arrival of the launch vehicle at the launch site and shall remain in force for at least thirty (30) days following launch.

(B) The Contractor shall provide acceptable evidence to the Contracting Officer of required insurance no later than thirty (30) days prior to the beginning of the covered launch activities. The amount of required insurance and the terms and conditions for the policy or policies shall be subject to review by the Contracting Officer. Once reviewed, the policy or policies may not be modified or canceled without the prior, written approval of the Contracting Officer.

(C) The foregoing insurance requirement does not preclude the Contractor from acquiring or continuing in effect any additional insurance to protect the interests of the Contractor or its Related Parties.

32.4 Third Party Claims in Excess of Required Insurance

(A) NASA has determined that the launch, under this contract, is conducted by NASA in performance of its functions, as specified in 51 U.S.C. 20112(a). As a result, once the Contractor or its insurers have paid out for Third Party claims the amount of required insurance under paragraph 32.3(B), NASA will consider any additional Third Party claims for damage to or loss of property or personal injury or death arising from the launch as claims against the United States under the authority of 51 U.S.C. 20113(m).

(B) The Contractor (once it or its insurers have paid to Third Party claimants, from their own funds, an amount equal to the amount of required insurance for a Launch) shall adjust, settle and pay meritorious and reasonable additional Third Party claims in excess of the amount of required insurance. To the extent NASA determines that such costs exceed $25,000, it will forward such claim to the Secretary of Treasury for certification and payment pursuant to 31 U.S.C. § 1304(a). Such costs are subject to the availability of funds and the usual tests for allowability and the total of such costs shall be paid up to a limit of $1.5 billion above the insurance obtained by the Contractor.

(C) In evaluating Third Party claims against the United States paid by the Contractor, NASA will consider such a claim to be meritorious unless the claim represents: