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1. Requirements

2.1.5.16 The Center Director or designee (e.g., the Civil Servant Technical POC for the software product) shall perform the following actions for each type of internal NASA software transfer or reuse:

a. A NASA civil servant to a NASA civil servant:

(1) Verify the requesting NASA civil servant has requested and completed an Acknowledgment (as set forth in the note following paragraph 3.10.2e).
(2) Provide the software to the requesting NASA civil servant.

b. A NASA civil servant to a NASA contractor:

(1) Verify a NASA civil servant (e.g., a Contracting Officer (CO) or Contracting Officer Representative (COR)) has confirmed the NASA contractor requires such software for the performance of Government work under their NASA contract and that such performance of work will be a Government purpose. Center Intellectual Property Counsel should be consulted for any questions regarding what is or is not a Government purpose.
(2) Verify a NASA civil servant (e.g., a CO or COR) has confirmed an appropriate Government Furnished Software clause (e.g., 1852.227-88, “Government-furnished computer software and related technical data”) is in the subject contract (or, if not, that such clause is first added); or the contractor may also obtain access to the software in accordance with the external release requirements of NPR 2210.1, Release of NASA Software.
(3) Verify NASA contractor is not a foreign person (as defined by 22 CFR §120.16).
(4) Verify there is a requesting NASA Civil servant (e.g., a CO or COR), and the requesting NASA civil servant has executed an Acknowledgment (as set forth in the note following paragraph 3.10.2e).
(5) After items (1), (2), (3), and (4) are complete, provide the software to the requesting NASA civil servant. The requesting NASA civil servant is responsible for furnishing the software to the contractor pursuant to the subject contract’s terms.

c. A NASA civil servant to any NASA grantees, Cooperative Agreement Recipients or any other agreement partners or to any other entity under U.S. Government Agency Release, Open source Release, Public Release, U.S. Release, Foreign Release:

(1) If the release is to any NASA grantees, Cooperative Agreement Recipients, or any other agreement (e.g., Space Act Agreement) partners or to any other entity under U.S. Government Agency Release, an Open source Release, a Public Release, a U.S. Release, or a Foreign Release, the software release is completed in accordance with the external release requirements of NPR 2210.1, Release of NASA Software – Revalidated w/change 1.

1.1 Notes

NPR 7150.2, NASA Software Engineering Requirements, does not include any notes for this requirement.

1.2 History

1.3 Related Activities

This requirement is related to the following Activities:

Related Links

2. Rationale

NASA needs to have the appropriate rights, acknowledgments, and contract requirements in place to be able to share software internal to NASA.

3. Guidance

3.1 A NASA civil servant to a NASA civil servant:

i. Execute an Acknowledgment with the NASA Civil Servant who is requesting the software

A simple Acknowledgment of Receipt of the software that identifies any restrictions on NASA's right to use the software, including limiting its use to governmental purposes only. Any software shared via the NASA Internal Sharing and Reuse Software Inventory will contain an appropriate disclaimer and indemnification provisions (e.g., in a “readme” file) stating that the software may be subject to U.S. export control restrictions, and it is provided "as is" without any warranty, express or implied and that the recipient waives any claims against, and indemnifies and holds harmless, NASA and its contractors and subcontractors.

ii. Provide the software to the requesting NASA civil servant.

3.2 A NASA civil servant to a NASA contractor:

i. Verify a NASA civil servant (e.g., a Contracting Officer (CO) or Contracting Officer Representative (COR)) has confirmed the NASA contractor requires such software for the performance of government work under their NASA contract.

ii. Verify a NASA civil servant (e.g., a CO or COR) has confirmed an appropriate Government Furnished Software clause (e.g., 1852.227-88, “Government-furnished computer software and related technical data”) is in the subject contract (or, if not, that such clause is first added); or the contractor may also obtain access to the software in accordance with the external release requirements of NPR 2210.1.

iii. Verify NASA contractor is not a foreign person (as defined by 22 CFR §120.16).

iv. Verify there is a requesting NASA Civil servant (e.g., a CO or COR), and the requesting NASA civil servant has executed an Acknowledgment (as set forth in the note following paragraph 3.10.2.e).

v. After items i., ii., iii., and iv. are complete, provide the software to the requesting NASA civil servant. The requesting NASA civil servant is responsible for furnishing the software to the contractor pursuant to the subject contract’s terms.

The acknowledgment of receipt of software is (see below: ) for the NASA civil servant to a NASA civil servant transfer and for a NASA civil servant to a NASA contractor transfer.

3.3 A NASA civil servant to a foreign person or foreign entity:

i. If foreign persons or entities need access to any software in the NASA Internal Sharing and Reuse Software Inventory, they must obtain such access to the software in accordance with the external release requirements of NPR 2210.1.

The NASA Internal Sharing and Reuse Software Inventory will be accessed through Launchpad, and the software list will be available to NASA civil servants and contractors; however, only NASA civil servants will be the recipient of software via the systems in the Inventory. The Inventory will provide the NASA civil servant with a simple Acknowledgment of Receipt of the software that identifies any restrictions on NASA's right to use the software, including limiting its use to governmental purposes only. This Acknowledgment will be done via click-wrap acceptance. The Civil Servant Software Technical Point of Contact for the software product must keep a list of all contributors to the software. Any software shared via the NASA Internal Sharing and Reuse Software Inventory will contain an appropriate disclaimer and indemnification provisions (e.g., in a “readme” file) stating that the software may be subject to U.S. export control restrictions, and it is provided "as is" without any warranty, express or implied and that the recipient waives any claims against, and indemnifies and holds harmless, NASA and its contractors and subcontractors (see paragraph 2.1.4.17).

The Software Internal Sharing Questionnaire is available below.

3.4 Additional Guidance

Additional guidance related to this requirement may be found in the following materials in this Handbook:

Related Links

3.5 Center Process Asset Libraries

See the following link(s) in SPAN for process assets from contributing Centers (NASA Only).

SPAN Links

4. Small Projects

This requirement applies to all NASA centers and all software classifications.

5. Resources

5.1 References

Enter the necessary modifications to be made in the table below:

SWEREFs to be added	SWEREFS to be deleted

SWEREFs NOT called out in text but listed as germane: none

SWEREFs called out in text: none

5.2 Tools

6. Lessons Learned

6.1 NASA Lessons Learned

No Lessons Learned have currently been identified for this requirement.

6.2 Other Lessons Learned

No other Lessons Learned have currently been identified for this requirement.