Commercial ELV services and the National Aeronautics and Space Administration - Concord or discord?

In implementation of the U.S. policy to foster and encourage the commercial expendable launch vehicle (ELV) industry, tensions have developed between the industry and U.S. Government agencies in two distinct areas: industry use of government facilities and government purchase of commercial ELV services. The reasons for the tensions and discrete legal problems for each area are identified and discussed. Specifically, in the use of government facilities area, issues of insurance and indemnification for third-party liability and government property, concerns over priority and scheduling, and dispute-resolution procedures are discussed. In the area of government purchase of ELV launch services, a comparison is made between a launch service purchase and prior procurement practice. In all areas, the conclusion is reached that while problems still exist, they generally are understood and great progress has been made toward their resolution.