1. Requirements

2.1.5.18 The Center Director or designee (e.g., the Civil Servant Technical Point of Contact 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: 

i. Verify the requesting NASA civil servant has executed an Acknowledgment (as set forth in the note following paragraph 3.10.2e). 

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

b. 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 3.10.2e). 

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. 

c. 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.

1.1 Notes

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

1.2 History

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

a. 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 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.

b. 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.

c. 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 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 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.

4. Small Projects

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

5. Resources

5.1 References

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.