Private Astronaut Mission Liability Framework

This is modification 4 to the Request for Information (RFI) entitled “Private Astronaut Missions Liability Framework” which was originally posted on June 18, 2020. The purpose of modification 4 is to provide Questions & Answers as a result of the PAM Liability Forum that was held on August 18, 2020. Modification 1 posted on July 15, 2020 to extend the due date to September 1, 2020 remains unchanged. 

The Questions & Answers are as follows: 

Q1:  Will insurance coverage be required for property damage to USG property caused by the willful misconduct of the Government or its employees (including GAs)?

A1: No.

Q2:  How does the definition of “Private Astronaut” differ from “Spaceflight Participant” as defined under the CSLA?

A2:  Private astronauts include all astronauts who are not Government Astronauts.  Private astronauts could be Crew or SFP under the CSLA designation.

Q3:  How does NASA anticipate this new liability framework ‘fit’ with the existing framework for the CSLA requirements?

A3:  PAM missions will fly to the ISS utilizing commercial vehicles licensed by the FAA.  The FAA’s liability framework of waivers and financial responsibility/insurance cover those licensed activities associated with launch and reentry, as defined in FAA’s regulations.  These FAA requirements would be operative during those phases, with the potential for additional insurance requirements by NASA, protecting government payloads, as an example.  

Q4:  Please confirm that services acquired by NASA from a PAM provider (e.g., crew time, up-mass) would be ancillary to a PAM. 

If so, what specific services are contemplated and how (if at all) would they affect the assumptions/requirements of the Proposed Liability Framework?

A4:  Confirmed.  The services would be ancillary to a PAM. NASA does not intend to change the liability requirements or assumptions if a PAM provider performs services for NASA.

Q5:  “The PAM provider must require each Private Astronaut execute written informed consent and assumption of risk statement binding heirs, assigns, and subrogees.”  Will this be legally enforceable?

A5:  That would be NASA's intent.

Q6:  Portions of the RFI potentially conflict with the cross-waivers under the ISS IGA (e.g., natural persons exception).

A6:  Yes, such requirements, if implemented, would require a deviation from the ISS cross-waiver.

Q7:  If PAM astronauts provide services to NASA during the course of a PAM mission, does this change their status as “private astronauts”?

A7:  No.  Work performed for NASA on orbit does not change their designation as Private Astronauts. 

Q8: If a PAM astronaut has been contracted by NASA, through the PAM provider, for specific actions while on the ISS, does that change liability requirements as a government contractor or NASA’s posture on vehicle certification?

A8:  No.  NASA does not intend to change the liability requirements or posture on vehicle certification if a PAM provider is contracted by NASA.

Q9:  Would an astronaut from an ISS partner nation also be considered a “private astronaut” if they choose to fly as part of a PAM?

A9:  An astronaut from an ISS partner nation would be considered a private astronaut unless otherwise designated through the applicable ISS processes.

Q10:  The proposed framework requires the PAM provider or the Private Astronaut to provide insurance covering damage to or loss of any property or injury or death of any person on the ISS or other third parties, resulting from any action, negligence, or failure to act by the Private Astronaut. How does this requirement work in conjunction with the proposed IGA and NASA cross waivers?

A10:  To the extent the cross-waiver applies, the Government waives claims only above the amounts covered by insurance.  The cross-waiver does not impact third parties, including natural persons who (with the exception of PAs) do not waive claims as part of the cross-waiver.  

Q11:  Would NASA consider a reciprocal waiver of claims between the PAM provider and the Government and their Related Entities to facilitate PAM missions?

A11:  NASA is considering a reciprocal/cross-waiver between the PAM provider and the Government and their Related Entities.

Q12: The proposed framework requires the PAM provider to provide insurance in the maximum amounts available on the market at reasonable premiums. Who will determine the amounts of insurance required and what premium amounts are consider reasonable? How will these amounts be determined?

A12:  NASA is seeking input from industry on this topic. Part of the purpose of the RFI is to help the Gov't determine what is reasonable and/or how to make that determination.

Q13:  Would NASA consider supporting an indemnity for claims in excess of the PAM providers insurance?

A13: NASA currently has no legal authority to grant indemnity.

Q14:  Given that, the PAM provider must subcontract use U.S. transportation vehicles certified by NASA, would such NASA certification apply to the PAM vehicle?

A14:  No.  NASA will certify that the spacecraft meets ISS visiting vehicle requirements and ISS emergency safe haven requirements only.  NASA will not have any accountability or authority over the particular system configuration being flown for PAM missions.  As such, NASA is not certifying this particular system (launch vehicle or spacecraft) for safety of persons on board or the public.

Q15:  The RFI contemplates several scenarios where NASA may require a PAM provider to perform or behave in a certain way while on orbit. How does NASA intend to require these actions and what on authority, statutory or otherwise, is NASA relying on?

A15:  The agreement would require compliance with 14 CFR 1214.402, which provides that International Space Station crewmembers are subject to specified standards of conduct, including those prescribed in the Code of Conduct for the International Space Station Crew.  NASA-provided International Space Station crew members may be subject to additional standards and requirements, as determined by NASA, which will be made available to those NASA-provided crewmembers, as appropriate.

Q16:  Is the intention that the “PAM provider” would necessarily be the owner/operator of the commercial launch vehicle docking with the ISS?

A16:  No. The PAM provider could be the owner/operator or could contract with the owner/operator.

Q17:  What training requirements does NASA expect to require?

A17: 

-To be on the ISS, there is a minimum training flow for all Private Astronauts, ~70 hours.

- Depending on tasks that would be performed on orbit, more training would be required.

- Each launch vehicle provider will have their own set of minimum training requirements.

Q18:  Will training requirements extend beyond the training of the Private Astronauts to any crew or other personnel performing proximity operations, docking, etc?

A18:  All astronauts on a PAM will be considered "Private Astronauts," regardless of function and subject to training requirements stated in response to the training requirements question above.

Q19:  Is this assumption for purposes of definition only (i.e., a mission carrying both Private Astronauts and Government Astronauts would by definition not be a PAM) or a statement of intention?

A19:  NASA is categorizing Private Astronaut Missions as those that do not include Government Astronauts.

Q20:  Can NASA provide full text of proposed (deviated) cross-waiver?

A20:  As an example of a modified cross-waiver, NASA can post the modified cross-waiver from the Commercial Crew Contract.  However, the language that is included in PAM agreements may differ.

Q21: Including the assumption a Private Astronaut is a Related Entity to the PAM provider leaves the PAM provider open for potential litigation from the PA per the typical cross-waiver exception where the cross waiver does not apply to claims between the Contractor and its Related Entities.  Is there a way to mitigate this risk for the PAM provider or is it the intention for the PAM provider to be responsible for the legal liability (bodily injury and/or death) of the PA?

A21:  The relationship between the PAM provider and the PA is at the discretion of the PAM provider.

Q22:  Is there a possibility for more than one PAM provider to purchase seats on a spacecraft?

A22:  No, not for a PAM. NASA’s expectation is that all entities buying seats would be under a single PAM provider. NASA would enter into an arrangement with a single PAM provider for each mission. 

Q23:  The RFI states a life insurance policy will be the sole source of recovery for Private Astronaut.  How will this be enforced?  Will the beneficiary of the life insurance settlement need to sign a release of liability releasing all parties from future litigation prior to receiving a payout or will there be additional language in the informed consent the Private Astronaut signs prior to the mission?

A23:  NASA is looking to the insurance market for input.

Q24:  Is the informed risk discussion related solely to the flight or to operations aboard the ISS?

A24:  Informed consent is required for the entire mission. 

General Responses to Frequently Asked Questions:

• There were some additional questions asked that are more about general or technical requirements.  Such questions will be answered at a later time (e.g., badging requirements).
• Several respondents have asked how “third party” is defined.  NASA will consider how to define, considering FAA and ISS cross-waiver definitions.
• Several respondents have asked how "hazardous activities" is defined.  We think many of the activities on a mission would be hazardous, but welcome feedback on this point.
• We received a number of questions regarding how private astronauts would be treated under FAA regulations.  NASA will coordinate with the FAA.

                                                                     (End of Q&A) 

This is modification 3 to the Request for Information (RFI) entitled “Private Astronaut Missions Liability Framework” which was originally posted on June 18, 2020. Modification 2 posted on August 5, 2020 announces the PAM Liability Forum. Modification 1 posted on July 15, 2020 to extend the due date to September 1, 2020 remains unchanged.  

Modification 3 corrects the day of the PAM Liability Forum which will be on Tuesday August 18, 2020.

This is modification 2 to the Request for Information (RFI) entitled “Private Astronaut Missions Liability Framework” which was originally posted on June 18, 2020. Modification 1 posted on July 15, 2020 to extend the due date to September 1, 2020 remains unchanged.

Due to recent industry feedback received on the PAM Liability Framework Request for Information (RFI), the National Aeronautics and Space Administration is sponsoring a virtual PAM Liability Forum on Tuesday August 18, 2020 from 12:00 p.m. to 2:00 p.m., Eastern Standard Time to present the RFI that was originally posted on June 18, 2020.

As a result of recent industry feedback in response to the PAM Liability Framework RFI, it became clear that additional clarification and information is necessary to ensure high quality responses to the RFI.  NASA seeks to enable commercial human activity in Low Earth Orbit (LEO) and wishes to discuss the details of the liability approach with interested professionals. 

To that end, a PAM Liability Forum will be offered to industry to present the proposed liability approach and to discuss concerns, questions, and innovative ideas with interested parties. This Forum will include summary presentations of NASA’s goals and current processes with respect to Private Astronaut Missions to the ISS; the objectives of the RFI; NASA’s proposed liability approach as reflected in the RFI; and a question and answer period. 

NASA’s RFI requests feedback on the current proposed liability approach for Private Astronaut Missions and its perceived impact on the goals set forth in NASA’s Vision for Economic Development in LEO.  Through communication with interested parties, NASA seeks to understand the impact of the proposed liability approach, as reflected in the RFI, on PAM missions, including the availability and scope of insurance for such missions.  NASA also seeks to understand possible alternate approaches and reasons therefor.  NASA intends to use this information to inform its general approach to liability and insurance in partnerships with industry for PAMs to the ISS. 

The purpose of the PAM Liability Forum is to help industry attain a comprehensive understanding of the proposed PAM liability approach, enabling meaningful, high quality responses to be submitted on the due date of September 1, 2020 (see modification 1 to the original synopsis posted on June 18, 2020).

RSVP:

Please RSVP via email to christie.l.cox@nasa.gov and kelly.l.rubio@nasa.gov with the subject “PAM Liability Framework Forum RSVP” no later than 4:00 p.m., Eastern Daylight Time on August 17, 2020.  Include company name and planned participants.

Question and Answers:

NASA encourages interested parties to submit questions in advance with the subject “PAM Liability Framework Forum Questions” to both the following individuals: christie.l.cox@nasa.gov and kelly.l.rubio@nasa.gov no later than 4:00 p.m., Eastern Daylight Time on August 13, 2020. All questions received by the deadline will be addressed during the Forum.  Do not include company proprietary information or sensitive business information in your questions.

In addition to questions submitted in advance, NASA will address questions asked at the Forum during question and answer period.   All questions and answers will be published in a subsequent modification to the original RFI synopsis.

The PAM Liability Framework Forum presentation will not be provided in advance.

Thank you for your interest in the Private Astronaut Missions Liability Framework.

This is modification 3 to the Request for Information (RFI) entitled “Private Astronaut Missions Liability Framework” which was originally posted on June 18, 2020. Modification 2 posted on August 5, 2020 announces the PAM Liability Forum. Modification 1 posted on July 15, 2020 to extend the due date to September 1, 2020 remains unchanged.  

Modification 3 corrects the day of the PAM Liability Forum which will be on Tuesday August 18, 2020.

This is modification 2 to the Request for Information (RFI) entitled “Private Astronaut Missions Liability Framework” which was originally posted on June 18, 2020. Modification 1 posted on July 15, 2020 to extend the due date to September 1, 2020 remains unchanged.

Due to recent industry feedback received on the PAM Liability Framework Request for Information (RFI), the National Aeronautics and Space Administration is sponsoring a virtual PAM Liability Forum on Tuesday August 18, 2020 from 12:00 p.m. to 2:00 p.m., Eastern Standard Time to present the RFI that was originally posted on June 18, 2020.

As a result of recent industry feedback in response to the PAM Liability Framework RFI, it became clear that additional clarification and information is necessary to ensure high quality responses to the RFI.  NASA seeks to enable commercial human activity in Low Earth Orbit (LEO) and wishes to discuss the details of the liability approach with interested professionals. 

To that end, a PAM Liability Forum will be offered to industry to present the proposed liability approach and to discuss concerns, questions, and innovative ideas with interested parties. This Forum will include summary presentations of NASA’s goals and current processes with respect to Private Astronaut Missions to the ISS; the objectives of the RFI; NASA’s proposed liability approach as reflected in the RFI; and a question and answer period. 

NASA’s RFI requests feedback on the current proposed liability approach for Private Astronaut Missions and its perceived impact on the goals set forth in NASA’s Vision for Economic Development in LEO.  Through communication with interested parties, NASA seeks to understand the impact of the proposed liability approach, as reflected in the RFI, on PAM missions, including the availability and scope of insurance for such missions.  NASA also seeks to understand possible alternate approaches and reasons therefor.  NASA intends to use this information to inform its general approach to liability and insurance in partnerships with industry for PAMs to the ISS. 

The purpose of the PAM Liability Forum is to help industry attain a comprehensive understanding of the proposed PAM liability approach, enabling meaningful, high quality responses to be submitted on the due date of September 1, 2020 (see modification 1 to the original synopsis posted on June 18, 2020).

RSVP:

Please RSVP via email to christie.l.cox@nasa.gov and kelly.l.rubio@nasa.gov with the subject “PAM Liability Framework Forum RSVP” no later than 4:00 p.m., Eastern Daylight Time on August 17, 2020.  Include company name and planned participants.

Question and Answers:

NASA encourages interested parties to submit questions in advance with the subject “PAM Liability Framework Forum Questions” to both the following individuals: christie.l.cox@nasa.gov and kelly.l.rubio@nasa.gov no later than 4:00 p.m., Eastern Daylight Time on August 13, 2020. All questions received by the deadline will be addressed during the Forum.  Do not include company proprietary information or sensitive business information in your questions.

In addition to questions submitted in advance, NASA will address questions asked at the Forum during question and answer period.   All questions and answers will be published in a subsequent modification to the original RFI synopsis.

The PAM Liability Framework Forum presentation will not be provided in advance.

Thank you for your interest in the Private Astronaut Missions Liability Framework.

This is modification 2 to the Request for Information (RFI) entitled “Private Astronaut Missions Liability Framework” which was originally posted on June 18, 2020. Modification 1 posted on July 15, 2020 to extend the due date to September 1, 2020 remains unchanged.

Due to recent industry feedback received on the PAM Liability Framework Request for Information (RFI), the National Aeronautics and Space Administration is sponsoring a virtual PAM Liability Forum on Monday August 18, 2020 from 12:00 p.m. to 2:00 p.m., Eastern Standard Time to present the RFI that was originally posted on June 18, 2020.

As a result of recent industry feedback in response to the PAM Liability Framework RFI, it became clear that additional clarification and information is necessary to ensure high quality responses to the RFI.  NASA seeks to enable commercial human activity in Low Earth Orbit (LEO) and wishes to discuss the details of the liability approach with interested professionals. 

To that end, a PAM Liability Forum will be offered to industry to present the proposed liability approach and to discuss concerns, questions, and innovative ideas with interested parties. This Forum will include summary presentations of NASA’s goals and current processes with respect to Private Astronaut Missions to the ISS; the objectives of the RFI; NASA’s proposed liability approach as reflected in the RFI; and a question and answer period. 

NASA’s RFI requests feedback on the current proposed liability approach for Private Astronaut Missions and its perceived impact on the goals set forth in NASA’s Vision for Economic Development in LEO.  Through communication with interested parties, NASA seeks to understand the impact of the proposed liability approach, as reflected in the RFI, on PAM missions, including the availability and scope of insurance for such missions.  NASA also seeks to understand possible alternate approaches and reasons therefor.  NASA intends to use this information to inform its general approach to liability and insurance in partnerships with industry for PAMs to the ISS. 

The purpose of the PAM Liability Forum is to help industry attain a comprehensive understanding of the proposed PAM liability approach, enabling meaningful, high quality responses to be submitted on the due date of September 1, 2020 (see modification 1 to the original synopsis posted on June 18, 2020).

RSVP:

Please RSVP via email to christie.l.cox@nasa.gov and kelly.l.rubio@nasa.gov with the subject “PAM Liability Framework Forum RSVP” no later than 4:00 p.m., Eastern Daylight Time on August 17, 2020.  Include company name and planned participants.

Question and Answers:

NASA encourages interested parties to submit questions in advance with the subject “PAM Liability Framework Forum Questions” to both the following individuals: christie.l.cox@nasa.gov and kelly.l.rubio@nasa.gov no later than 4:00 p.m., Eastern Daylight Time on August 13, 2020. All questions received by the deadline will be addressed during the Forum.  Do not include company proprietary information or sensitive business information in your questions.

In addition to questions submitted in advance, NASA will address questions asked at the Forum during question and answer period.   All questions and answers will be published in a subsequent modification to the original RFI synopsis.

The PAM Liability Framework Forum presentation will not be provided in advance.

Thank you for your interest in the Private Astronaut Missions Liability Framework.

This is modification 1 to the Request for Information (RFI) entitled “Private Astronaut Missions Liability Framework” which was posted on June 18, 2020. You are notified that the following changes are made:

The due date for responses is extended to September 1, 2020.

This is a Request for Information (RFI) only and does not constitute a commitment, implied or otherwise, that the National Aeronautics and Space Administration (NASA) will take action in this matter.

On June 7, 2019, NASA issued the "NASA Plan for Commercial LEO Development,” which outlined a multi-pronged approach to enabling commercial activity in Low Earth Orbit (LEO) as described here: https://nasa.gov/leo-economy/vision-for-low-earth-orbit-economy.  This approach includes enabling flight of private astronauts to the International Space Station (ISS). 

In order to enable such Private Astronaut Missions (PAMs), NASA released additional guidance regarding PAMs to the ISS, including the process for seeking approval of a PAM.  More specifically, NASA expanded the International Space Station Utilization NASA Research Announcement to add Focus Area 4, Private Astronaut Missions.  To effectuate Private Astronaut Missions to the ISS envisioned in the NRA, NASA is establishing a liability framework.   

NASA is requesting feedback on the current proposed liability framework for Private Astronaut Missions, as outlined below, and its perceived impact on the goals set forth in NASA’s Vision for Economic Development in LEO.

NASA seeks feedback from all interested parties, including current or prospective Private Astronaut Mission (PAM) Providers, launch services providers, insurance providers, and other third parties who may be impacted by the PAM liability framework ultimately implemented.

NASA may use the results of this RFI to modify the proposed liability framework, to guide an assessment of appropriate insurance amounts and types of insurance required, or to otherwise inform the development of the implementation approach with respect to PAMs generally and liability framework for such missions in particular.

Proposed Liability Framework:

Current Assumptions:

• NASA will enter into an agreement with a Private Astronaut Mission (PAM) provider, through which NASA will impose requirements with respect to training, performing proximity operations and docking with the International Space Station, living and working on the ISS, liability, and other terms applicable to a PAM to ISS.  The framework outlined below will be implemented through liability terms in said agreement(s).
• The term “Private Astronaut” includes all astronauts that are not “Government Astronauts” (as defined in 51 U.S.C. § 50902(4)).
• NASA will have a direct contractual relationship only with the PAM provider.  In other words, NASA will have no privity of contract with the private astronaut or with PAM provider contractors or vendors (including the launch services provider, if the PAM provider is not the launch services provider for a particular mission).
• NASA will certify that the transportation vehicle meets ISS visiting vehicle requirements but will not certify it as a crewed vehicle.
• A Private Astronaut Mission will carry only private astronauts (i.e., no Government Astronauts).
• NASA may, at its sole discretion and subject to applicable legal and policy requirements, choose to acquire services (e.g., crew time or up-mass) from a PAM provider if available.
• Certain terms of the proposed liability framework (designated as “Required”)are required to meet obligations to NASA’s international partners under the International Space Station Inter-Governmental Agreement (IGA) and other arrangements or to meet NASA policy requirements.
• The PAM provider will be subject to all statutory and regulatory requirements, including 51 U.S.C. § 50914, Liability insurance and financial responsibility requirements and other requirements imposed by the FAA under the Commercial Space Launch Act, 51 U.S.C. § 50901, et seq.

Proposed Requirements:

Note:  For reference purposes only, see NASA FAR Supplement (NFS) 1852.228-76, Cross-waiver of liability for international space station activities, through which NASA implements the IGA cross-waiver. 

Cross-waiver and Flow-down:

• The PAM provider must agree to the IGA cross-waiver, deviated as follows:
  •  Private Astronauts are considered Related Entities and must agree to IGA cross-waiver language (Required)
  • Subject to the limitations outlined below, the Government and the PAM provider will also agree to a reciprocal waiver of claims between each other.
  • The Government will not waive claims
    • Arising out of or relating to the contractor’s failure to perform its obligations under the agreement;
    • For U.S. Government property that is covered by PAM provider’s insurance or financial capability required by the agreement; or
    • Against Private Astronauts or commercial contractor cargo or payload owners.
• The PAM provider must provide certification to NASA that the cross-waiver was flown down to Related Entities. (Required)

Flow-down of NASA Private Astronaut Technical Requirements:

• The PAM provider must ensure all requirements imposed by NASA with respect to Private Astronauts are properly flowed down to the Private Astronauts, including, but not limited to, the following requirements:
  • to complete training as required by NASA,
  • to abide by the Crew Code of Conduct,
  • to observe and respect intellectual property rights,
  • IT systems requirements,
  • ISS safety requirements, and
  • badging requirements.  (Required)
• The PAM provider must ensure Private Astronauts meet Multilateral Crew Operations Panel (MCOP) requirements and be approved by the MCOP, as delegated by the Multilateral Control Board (MCB).  (Required)

Insurance:

• The PAM provider must obtain the following insurance, in TBD amounts:
  • (1) Liability insurance to cover all phases of the mission and all Damage, as defined in the IGA cross-waiver; 
  • (2) Insurance in the maximum amounts available on the market at reasonable premiums for damage to U.S. Government property, except for damage to all on orbit ISS structures, modules, and systems required for ISS functionality during Launch Services, Reentry Services, or transportation to, from, in proximity of, or docking with the ISS as part of activities under the agreement and damage resulting from willful misconduct of Government/employees
  •  (3)  Insurance for claims by Third Parties for Damages arising in connection with Hazardous Activities under the contract
  • (4)  Insurance covering damage to or loss of any property or injury or death of any person on the ISS or other third parties, resulting from any action, negligence, or failure to act by the Private Astronaut (provider may obtain or require Private Astronaut to obtain)  
• The PAM provider must require each Private Astronaut to obtain life insurance in, at a minimum, an amount (if any) required by the International Partners (Required), or such higher amount as may be required by the Government, as the Private Astronaut’s sole source of recovery.

Indemnification/Hold Harmless:

• The PAM provider must agree to indemnify NASA and hold NASA harmless for Damages resulting from failure to flow down cross-waiver or other requirements to Private Astronauts or its other Related Entities.

Informed Consent/Assumption of Risk:

• The PAM provider must require each Private Astronaut execute written informed consent and assumption of risk statement binding heirs, assigns, and subrogees. 
• The PAM provider must certify to NASA that such informed consent and assumption of risk was executed.

Information Requested from Responders:

NASA is interested in understanding the how the proposed framework would impact NASA’s ability to achieve the goals set forth in NASA’s Vision for Economic Development in LEO.  To that end, NASA seeks feedback from each responder regarding one or more of the following:

(1) impact or implementation of the proposed liability framework (e.g., impact to responder’s business plan or the commercial insurance market; implementation challenges);

(2) suggested additions to or omissions from the proposed liability framework (excluding portions marked “Required” above);

(3) assumptions (identified above);

(4) other factors potentially impacting liability;

(5) insurance coverage and products available on the market at reasonable premiums, including scope and amount of that insurance coverage and premium amounts considered reasonable, including, but not limited to, the following specific areas that may require insurance:

            - Life insurance for the Private Astronaut

- Property insurance for all on-orbit activities, including damage to the USG property and the ISS (except for excluded damage as outlined above)

            - Third party insurance for all on-orbit activities

            - New insurance products/policies available specifically for space activities;

=or

(6) other feedback on insurance, indemnification, cross waiver or other topics to assist NASA in developing a liability framework more conducive to achieving NASA’s stated commercialization objectives.

For all feedback, NASA is interested in understanding the underlying basis for the feedback, and in particular on the perceived impact on the goals set forth in NASA’s Vision for Economic Development in LEO.  NASA anticipates that feedback may include, among other things, an assessment of impact of the framework on the reduction of uncertainty with respect to responsibility for damages resulting from Private Astronaut Missions, on the ability to obtain or provide insurance, and/or on the ability to develop a viable business model for Private Astronaut Missions. 

Company Information:

Please provide the company name, summary of company’s interest or involvement in Private Astronaut Missions (past, present, or prospective), point of contact name, phone number, and e-mail address.

Response Preparation and Transmittal:

This is a request for information only. It is not a procurement, commitment to procure items or services, or request for proposals. NASA will not reimburse any costs incurred for preparation or submission of information in response to this RFI.

NASA reserves the right to share all information received in response to this RFI throughout NASA and to use all information submitted in response to this RFI in NASA's formulation of the liability framework for Private Astronaut Missions. NASA does not wish to receive any competition sensitive data that requires protection. However, if it is necessary to submit competition sensitive data to answer any of the questions in this RFI that data should be clearly segregated and marked as sensitive. Although information contained herein represents current program content and acquisition planning, it is subject to change.

Questions and responses shall reference this RFI. Interested parties should submit a response of no more than 10 single-sided pages indicating their interest as described herein. A cover page may be added in addition to the 10 pages.

Point of Contact:

Questions concerning this RFI shall be submitted via email to christie.l.cox@nasa.gov under the subject "PAM Liability Framework RFI" no later than September 1, 2020 by 4:00 pm eastern daylight time.

Electronic submission of the responses should be sent to kelly.l.rubio@nasa.gov under the subject “PAM Liability Framework RFI” no later than September 1, 2020 by 4:00 pm eastern daylight time.

This is a Request for Information (RFI) only and does not constitute a commitment, implied or otherwise, that the National Aeronautics and Space Administration (NASA) will take action in this matter.

On June 7, 2019, NASA issued the "NASA Plan for Commercial LEO Development,” which outlined a multi-pronged approach to enabling commercial activity in Low Earth Orbit (LEO) as described here: https://nasa.gov/leo-economy/vision-for-low-earth-orbit-economy.  This approach includes enabling flight of private astronauts to the International Space Station (ISS). 

In order to enable such Private Astronaut Missions (PAMs), NASA released additional guidance regarding PAMs to the ISS, including the process for seeking approval of a PAM.  More specifically, NASA expanded the International Space Station Utilization NASA Research Announcement to add Focus Area 4, Private Astronaut Missions.  To effectuate Private Astronaut Missions to the ISS envisioned in the NRA, NASA is establishing a liability framework.   

NASA is requesting feedback on the current proposed liability framework for Private Astronaut Missions, as outlined below, and its perceived impact on the goals set forth in NASA’s Vision for Economic Development in LEO.

NASA seeks feedback from all interested parties, including current or prospective Private Astronaut Mission (PAM) Providers, launch services providers, insurance providers, and other third parties who may be impacted by the PAM liability framework ultimately implemented.

NASA may use the results of this RFI to modify the proposed liability framework, to guide an assessment of appropriate insurance amounts and types of insurance required, or to otherwise inform the development of the implementation approach with respect to PAMs generally and liability framework for such missions in particular.

Proposed Liability Framework:

Current Assumptions:

• NASA will enter into an agreement with a Private Astronaut Mission (PAM) provider, through which NASA will impose requirements with respect to training, performing proximity operations and docking with the International Space Station, living and working on the ISS, liability, and other terms applicable to a PAM to ISS.  The framework outlined below will be implemented through liability terms in said agreement(s).
• The term “Private Astronaut” includes all astronauts that are not “Government Astronauts” (as defined in 51 U.S.C. § 50902(4)).
• NASA will have a direct contractual relationship only with the PAM provider.  In other words, NASA will have no privity of contract with the private astronaut or with PAM provider contractors or vendors (including the launch services provider, if the PAM provider is not the launch services provider for a particular mission).
• NASA will certify that the transportation vehicle meets ISS visiting vehicle requirements but will not certify it as a crewed vehicle.
• A Private Astronaut Mission will carry only private astronauts (i.e., no Government Astronauts).
• NASA may, at its sole discretion and subject to applicable legal and policy requirements, choose to acquire services (e.g., crew time or up-mass) from a PAM provider if available.
• Certain terms of the proposed liability framework (designated as “Required”)are required to meet obligations to NASA’s international partners under the International Space Station Inter-Governmental Agreement (IGA) and other arrangements or to meet NASA policy requirements.
• The PAM provider will be subject to all statutory and regulatory requirements, including 51 U.S.C. § 50914, Liability insurance and financial responsibility requirements and other requirements imposed by the FAA under the Commercial Space Launch Act, 51 U.S.C. § 50901, et seq.

Proposed Requirements:

Note:  For reference purposes only, see NASA FAR Supplement (NFS) 1852.228-76, Cross-waiver of liability for international space station activities, through which NASA implements the IGA cross-waiver. 

Cross-waiver and Flow-down:

• The PAM provider must agree to the IGA cross-waiver, deviated as follows:
  •  Private Astronauts are considered Related Entities and must agree to IGA cross-waiver language (Required)
  • Subject to the limitations outlined below, the Government and the PAM provider will also agree to a reciprocal waiver of claims between each other.
  • The Government will not waive claims
    • Arising out of or relating to the contractor’s failure to perform its obligations under the agreement;
    • For U.S. Government property that is covered by PAM provider’s insurance or financial capability required by the agreement; or
    • Against Private Astronauts or commercial contractor cargo or payload owners.
• The PAM provider must provide certification to NASA that the cross-waiver was flown down to Related Entities. (Required)

Flow-down of NASA Private Astronaut Technical Requirements:

• The PAM provider must ensure all requirements imposed by NASA with respect to Private Astronauts are properly flowed down to the Private Astronauts, including, but not limited to, the following requirements:
  • to complete training as required by NASA,
  • to abide by the Crew Code of Conduct,
  • to observe and respect intellectual property rights,
  • IT systems requirements,
  • ISS safety requirements, and
  • badging requirements.  (Required)
• The PAM provider must ensure Private Astronauts meet Multilateral Crew Operations Panel (MCOP) requirements and be approved by the MCOP, as delegated by the Multilateral Control Board (MCB).  (Required)

Insurance:

• The PAM provider must obtain the following insurance, in TBD amounts:
  • (1) Liability insurance to cover all phases of the mission and all Damage, as defined in the IGA cross-waiver; 
  • (2) Insurance in the maximum amounts available on the market at reasonable premiums for damage to U.S. Government property, except for damage to all on orbit ISS structures, modules, and systems required for ISS functionality during Launch Services, Reentry Services, or transportation to, from, in proximity of, or docking with the ISS as part of activities under the agreement and damage resulting from willful misconduct of Government/employees
  •  (3)  Insurance for claims by Third Parties for Damages arising in connection with Hazardous Activities under the contract
  • (4)  Insurance covering damage to or loss of any property or injury or death of any person on the ISS or other third parties, resulting from any action, negligence, or failure to act by the Private Astronaut (provider may obtain or require Private Astronaut to obtain)  
• The PAM provider must require each Private Astronaut to obtain life insurance in, at a minimum, an amount (if any) required by the International Partners (Required), or such higher amount as may be required by the Government, as the Private Astronaut’s sole source of recovery.

Indemnification/Hold Harmless:

• The PAM provider must agree to indemnify NASA and hold NASA harmless for Damages resulting from failure to flow down cross-waiver or other requirements to Private Astronauts or its other Related Entities.

Informed Consent/Assumption of Risk:

• The PAM provider must require each Private Astronaut execute written informed consent and assumption of risk statement binding heirs, assigns, and subrogees. 
• The PAM provider must certify to NASA that such informed consent and assumption of risk was executed.

Information Requested from Responders:

NASA is interested in understanding the how the proposed framework would impact NASA’s ability to achieve the goals set forth in NASA’s Vision for Economic Development in LEO.  To that end, NASA seeks feedback from each responder regarding one or more of the following:

(1) impact or implementation of the proposed liability framework (e.g., impact to responder’s business plan or the commercial insurance market; implementation challenges);

(2) suggested additions to or omissions from the proposed liability framework (excluding portions marked “Required” above);

(3) assumptions (identified above);

(4) other factors potentially impacting liability;

(5) insurance coverage and products available on the market at reasonable premiums, including scope and amount of that insurance coverage and premium amounts considered reasonable, including, but not limited to, the following specific areas that may require insurance:

            - Life insurance for the Private Astronaut

- Property insurance for all on-orbit activities, including damage to the USG property and the ISS (except for excluded damage as outlined above)

            - Third party insurance for all on-orbit activities

            - New insurance products/policies available specifically for space activities;

=or

(6) other feedback on insurance, indemnification, cross waiver or other topics to assist NASA in developing a liability framework more conducive to achieving NASA’s stated commercialization objectives.

For all feedback, NASA is interested in understanding the underlying basis for the feedback, and in particular on the perceived impact on the goals set forth in NASA’s Vision for Economic Development in LEO.  NASA anticipates that feedback may include, among other things, an assessment of impact of the framework on the reduction of uncertainty with respect to responsibility for damages resulting from Private Astronaut Missions, on the ability to obtain or provide insurance, and/or on the ability to develop a viable business model for Private Astronaut Missions. 

Company Information:

Please provide the company name, summary of company’s interest or involvement in Private Astronaut Missions (past, present, or prospective), point of contact name, phone number, and e-mail address.

Response Preparation and Transmittal:

This is a request for information only. It is not a procurement, commitment to procure items or services, or request for proposals. NASA will not reimburse any costs incurred for preparation or submission of information in response to this RFI.

NASA reserves the right to share all information received in response to this RFI throughout NASA and to use all information submitted in response to this RFI in NASA's formulation of the liability framework for Private Astronaut Missions. NASA does not wish to receive any competition sensitive data that requires protection. However, if it is necessary to submit competition sensitive data to answer any of the questions in this RFI that data should be clearly segregated and marked as sensitive. Although information contained herein represents current program content and acquisition planning, it is subject to change.

Questions and responses shall reference this RFI. Interested parties should submit a response of no more than 10 single-sided pages indicating their interest as described herein. A cover page may be added in addition to the 10 pages.

Point of Contact:

Questions concerning this RFI shall be submitted via email to christie.l.cox@nasa.gov under the subject "PAM Liability Framework RFI" no later than July 18, 2020.

Electronic submission of the responses should be sent to kelly.l.rubio@nasa.gov under the subject “PAM Liability Framework RFI” no later than July 18, 2020 by 4:00 pm eastern daylight time.