106 STAT. 5122 PUBLIC LAW 102-588—NOV. 4, 1992 (1) the term "performance-based contracting" means structuring all aspects of an acquisition around the purpose of the work to be performed as opposed to either the manner by which the work is to be performed or broad statements of work; (2) the term "positive fee incentive" means that element of the potential total remuneration tiiat a contractor may receive for contract performance over and above the allowable costs; (3) the term "negative fee incentive" means a rebate pay- able to the National Aeronautics and Space Administration by a contracting party whose deliverable item or service is not in conformance with contract requirements or is otherwise deemed to be defective work; and (4) the term "rollover" means the act of reallocating any positive fee incentives not earned by a contractor due to less than excellent performance to subsequent opportunities for award available in the contract. TITLE V—COMMERCIAL SPACE COMPETITIVENESS 15 USC 5801. SEC. 501. FINDINGS. The Congress finds that— (1) commercial activities of the private sector have substantially contributed to the strength of both the United States space program and the national economy; (2) a robust United States space transportation capability remains a vital cornerstone of the United States space program; (3) the availability of commercial launch services is essential for the continued growth of the United States commercial space sector; (4) a timely extension of the excess third party claims payment provisions of the Commercial Space Lavuich Act is appropriate and necessary to enable the private sector to continue covering maximimi probable Uability risks while protecting the private sector from iminsurable levels of Uability which could hinder international competitiveness; (5) a program to demonstrate how recipients of Federal grants can purchase launch services directly from the private sector has the potential to improve the capabilities of the United States commercial launch industiy; (6) improvements and additions to the Nation's space transportation infrastructure contribute to a robust and cost effective space transportation capability for both public sector and private sector users; (7) private sector use of available Government facilities on a reimbursable basis contributes to a stronger commercial space sector; (8) the Federal Government should purchase space goods and services which are commercially available, or coma be made available commercially in response to a Government procurement request, whenever such goods or services meet Government mission requirements in a cost effective manner; (9) it is appropriate for the Government to act as an anchor tenant for commercial space development projects which have a reasonable potential to develop non-Federal markets and which meet Federal needs in a cost effective manner; and
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