NASA buys services and hardware under the FAR and its own supplement, including firm-fixed-price commercial services such as CLPS lunar delivery. It funds technology development through SBIR and through funded Space Act Agreements, such as Tipping Point, made under its other transactions authority in 51 U.S.C. 20113(e). A Space Act Agreement pays fixed amounts on milestones NASA accepts, and its terms differ from a FAR contract on termination and assignment.
At a glance
| Standard terms | FAR and NASA FAR Supplement for contracts; funded Space Act Agreements negotiated under 51 U.S.C. 20113(e). |
|---|---|
| How it pays | Space Act Agreements pay fixed milestone amounts after NASA accepts each milestone, invoiced through Treasury's Invoice Processing Platform; NASA's liability is limited to the funds obligated. |
| When it can walk away | FAR contracts: termination for convenience. Space Act Agreements: NASA can terminate for reasons beyond its control or if the programme no longer fits its strategic objectives; the partner keeps payments made. |
| Assignment and transfer | FAR contracts: Assignment of Claims Act and FAR 52.232-23. Space Act Agreements: no assignment of the agreement or any interest in it without NASA's written consent. |
| Where awards are published | Solicitations and awards on SAM.gov, contract and selection releases on nasa.gov, and signed Space Act Agreements in NASA's online agreement listings. |
The key terms, read across
From the United States column of contracts and licensing.
Cross-waivers
Statutory: FAA licences require reciprocal waivers between the licensee, its contractors and customers, and the government. NASA launch agreements carry a regulatory cross-waiver.
Procurement and geographic return
Agencies buy under the FAR and their supplements, often through commercial item rules, Other Transactions and NASA Space Act Agreements. Federal launch must come from US commercial providers where possible.
IP and data rights
FAR 52.227-14: unlimited government rights in data first produced under the contract, with protection for limited rights data and restricted software. DoD uses DFARS terms.
Anchor revenue and termination
FAR termination for convenience: costs and a reasonable profit on work done, capped at the contract price. Funded Space Act Agreements can be ended with less protection.
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Related
- NASA
- Guide: Your first government contract: a guide for new space general counsel
- Guide: Government anchor contracts and bankability
General information on public law and standard terms as at 28 Oct 2026, not legal advice on any contract or transaction. Quoted wording is checked against the official text linked to it.