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INTERAGENCY AGREEMENT
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BETWEEN
THE NA TlONAL AERONAUTICS AND SPACE ADMINISTRATION, LANGLEY
RESEARCH CENTER
AND
THE NAVAL AIR SYSTEMS COMMAND
AND
UNITED STATES SPECIAL OPERATIONS COMMAND

FOR
OV-IOG PROTOTYPE ACTIVITIES

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I.

AUTHORITY AND PARTIES

This agreement is entered into pursuant to the National Aeronautics and Space Act as amended
(5 I U.S.C. 20 I 13), and pursuant 10 OPNA VINST 4000.84B, by the NASA Langley Research
Center located at Langley Research Center, Hampton, VA 23681 (hereinafter referred to as
"NASA LaRC," "LaRC," or "NASA"), Naval Air Systems Command, located at Patuxent River,
MD, (hereinafter referred to as "NAY AIR") and the United States Special Operations Command,
located in Tampa, FL, (hereinafter referred as USSOCOM). NASA, USSOCOM, and NAVAIR
may be individually referred to as a "Party" and collectively referred to as the "Parties."
II.

PURPOSE

NASA agrees to provide OV -lOG aircraft (2) to NA V AIR for the development of prototype
aircraft for evaluation by the Department of Defense (DoD) (such activity, the "000
demonstration"). The aircraft will remain in the NASA inventory throughout the cockpit and
mission equipment modification process. Prior to the commencement of the weapons integration
phase of the project, the aircraft will be transferred into the Navy inventory. Upon completion of
the weapons integration, the aircraft will be removed from Navy inventory and possession of the
aircraft will be transferred to USSOCOM for the conduct of a Limited Objective Experiment
(LOE). The aircraft will be returned in a NASA-specified configuration and possession of the
aircraft will be transferred back to NASA at the end of the DoD evaluation.
III.

RESPONSIBILITIES

NA VAIR shall:
1. Return all NASA avionics removed from the aircraft at the commencement of the
modification effort.
2. Upon completion of the DOD demonstration, return aircraft with all maintenance items
current along with associated maintenance documentation.
3. Return aircraft with a monotone paint job and all military specific markings removed.
4. Return aircraft with all upgraded digital cockpit components as described in the loint
NASAINA V AIR Cockpit Upgrade Critical Design Review meeting.
5. Reimburse NASA for all fuel consumed during all the flig hts conducted prior to the
transfer of physical custody to NA VAIR.
6. Reimburse NASA for Civil Service labor and Contractor labor for those activities
associated with the preparation and flights of the aircraft in support of the NAVAIR
developmental efforts.
7. Reimburse NASA for travel expenses for those NASA personnel involved in the
activities associated with this Agreement.
8. Reimburse NASA for aircraft. operating costs incurred for those flights conducted by
NASA.
9. Be responsible for all modifications and Airworthiness Certification associated with
aircraft integration required for the DoD demonstration.
10. Accept possession of the aircraft along with Mishap Investigation convening authority for
the NA VAIR Weapons Integration effort upon completion of the cockpit upgrades and

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mission equipment installation.


11. Store the ejection seat pyrotechnics during the term of this effort in accordance with the
aircraft configuration and requirements plan.

NASA LaRC will use reasonable efforts to:


1. Provide Ainvorthiness Certification for the current NASA configuration and the digital
cockpit upgrade and mission equipment installation.
2. Conduct acceptance flights.
3. Fly aircraft to Navy Modification facilities.
4. Be responsible for aircraft during transport from NASA to modifications facilities, and to
the Navy facilities.
5. Transfer custody of the aircraft to NA VAIR after the completion of the digital cockpit
upgrade and mission equipment installation and prior to weapons integration.
6. Provide NAY AIR with all necessary parts to build a maintenance support pack -up kit.
7. Provide NA V AIR with readily-available spare parts currently in NASA's possession
throughout DoD demonstration.
8. Provide NA V AIR with pilot and maintenance consultation and support as requested.
USSOCOM shall :

t. Accept possession of the aircraft along with Mishap Investigation convening authority for
the LOE upon the completion of the NA VAIR Weapons Integration effort.
2. Conduct LOE.
3. At completion of LOE, return aircraft to NASA LaRC in order for NA VAIR to complete
de-modification to the agreed configuration defined above, and transfer possession of the
aircraft to NASA.

IV.

SCHEDULE AND MILESTONES

The planned major milestones for the activities defined in the "Responsibilities" clause are as
follows:
I. Acceptance flights and Airworthiness Certification on
current aircraft configuration
2. Fly aircraft to NAV AIR's Primary Modification facility
3. NASA acceptance flights and Airworthiness Certification
4. Fly aircraft to the weapons integration facility
5. Transfer Physical Custody of the aircraft to NA V AIR
6. NA VAIR completes weapons integration to include
Airworthiness Certification and acceptance flights
7. USSOCOM takes possession of aircraft
8. Return aircraft to NASA LaRC
9. NAVA IR demodifies aircraft NASA accepts possession

October 2012
October 2012
January 20 13
January 2013
January 2013
March 2013
March 2013
September 2013
October 2013

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V.

FINANCIAL OBLIGATIONS

I.
NA V A IR agrees to reimburse NASA an estimated cost of$202,054 for NASA to carry
out its and USSOCOM's responsibilities under this Agreement. In no event will NASA transfer
any U.S. Govenunent funds to NA VAJR under this Agreement. Payment must be made by
NA V AlR in advance of initiation of NASA's efforts. Advance payments shall be scheduled to
ensure that funds are resident with N ASA before Federal obligations are incurred in support of
this Agreement.
2.
NASA will not provide services or incur costs beyond the availabl e fundi ng amount.
Although NASA has made a good fai th effort to accurately estimate its costs, it is understood
that NASA provides no assurance that the proposed effort under this Agreement will be
accomplished for the above estimated amount. Shoul d the effort cost more than the estimate,
NAVAIR will be advised by NASA as soon as possible. NA V AIR shall pay all costs incurred
and have the option of canceling the remaining effort, or providing additional flmd ing in order to
continue the proposed effort under the revised estimate, as concurred to by NAVAJR. Should
this Agreement be terminated, or the effort completed at a cost less than the agreed-to estimated
cost, NASA shall account for any unspent funds and use all reasonable efforts to return them to
NA V AIR within their period of availabili ty .
3.
Notwithstanding any other provision of thi s Agreement, all activities under or pursuant
to this Agreement are subject to the availability of funds, and no provision of this Agreement
shall be interpreted to require obligation or payment of funds in violation of the Anti-Deficiency
Act, Title 3 I U.S.c. 1341.
VI.

PRIORITY OF USE

Due to the URGENT nature and high profile tasking identified, NASA agrees NA V AIR and
USSOCOM have priority of use for these assets until such time as the DoD demonstration is
complete or terminated in accordance with the tenns herein.
VIi.

LI ABI LITY AND RISK OF LOSS

NA V AIR assumes responsibility for loss or damage to the aircraft, reasonable wear and tcar
excepted, while utilizing aircraft supporting the DoD demonstration (including during the LOE)
and agrees to return the aircraft to NASA (at the time and location of NASA's choosing, subject
to Articles XIV and XV herein) in as good condition as when received. N A VAIR ' s liability to
NASA shall be limited to $30,000 per aircraft under all circwnstances.
VIII.

INTELLECTUAL PROPERTY RIGHTS - DATA RI GHTS

The Parties agree that the information and data exchanged in furtherance of the activities under
this Agreement will be exchanged without use and disclosure restrictions unless required by
national security regulations (e.g., classified information) or as otherwise provided in this
Agreement or agreed to by NASA and Partners for specifically identified information or data
(e.g. , information or data specifically marked with a restrictive notice). NA VAIR will insert the

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FAR and DF ARS clauses which address noncommercial technical data and software rights, and
commercial technical data and software rights, in its contracts with Contractors supporting these
efforts and will ensure NASA receives the same intellectual property rights as its other Partners.
IX.

INTELLECTUAL PROPERTY RIGHTS - INVENTION AND PATENT RIGHTS

Unless otherwise agreed upon by NASA, NA VAIR, and USSOCOM custody and administration
of inventions made (conceived or first actually reduced to practice) under this lAA will remain
with the respective inventing Party. In the event an invention is made jointly by employees of
the Parties (including by employees of an Party's contractors or subcontractors for which the
U.S. Government has ownership), the Parties will consult and agree as to future actions toward
establishment of patent protection for the invention.
X.

RELEASE OF GENERAL INFORMATION TO THE PUBLIC AND MEDIA

NASA, NA VAIR or USSOCOM may, consistent with Federal law and this Agreement, release
general information regarding its own participation in this lAA as desired. Insofar as
participation of the other Party in this IAA is included in a public release, NASA, NA V AIR and
USSOCOM will seek to consult with each other prior to any such release, consistent with the
Parties' respective policies.
XI.

TERM OF AGREEMENT

This Agreement becomes effective upon the date of the last signature below and shall remain in
effect until the completion of all obligations of all Parties hereto, or 2 years from the date of the
last signature, whichever comes first.
XII.

RIGHT TO TERMINATE

Any Party may unilaterally terminate this Agreement by providing thirty (30) calendar days
written notice to the other Party. In the event of such termination, the parties will agree to the
terms of the tennination, including costs attributable to each party and the disposition of awarded
and pending actions. (See the Department of the Treasury's, Intragovernmental Business Rules,
section IV.A. "Intragovemmental Business Rules", Treasury Financial Manual , Vol. 1, Bulletin
2011 -04 (November 8, 2010). "United States Government, Interagency Agreement - Agreement
Between Federal Agencies General Terms and Conditions (GT&C) Section").
XIII

CONTINUING OBLIGATIONS

The rights and obligations of the Parties in Article V "Financial Obligations", Article Vll
"Liability and Risk of Loss", Article VIII "Intellectual Property Rights-- Data Rights", Article
IX, "Intellectual Property Rights - Invention and Patent Rights" , Article XV "Dispute
Resolution", Article XVII , "Applicable Law", and Article XVIll "Government Property For The
Purposes Of This Agreement" shall survive such expiration or termination of this Agreement.

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XlV.

MANAGEMENT POINTS OF CONTACTS

The following personnel are designated as the principal pOints of contact between the Parties in
the perfonnance of this Agreement.

Technical Points of Contact

NASA Langley Research Center


Bruce D. Fisher
Directorate Chief Engineer
Research Services Directorate
Naval Air Warfare Center- Aircraft Division
Building 1485

Mail Stop: 247


Langley Research Center
Hampton, VA23681
Phone: 757-864-3862
Fax: 757-864-8549

bruce.d.fisher@nasa.gov
USSOCOM

bl '1J bll) )

pe
7701 Tampa Point Blvd

MacDiII
Phone:

FL 33621 -5323

Business/Administrative Points of Contact

NASA Langley Research Center


Harry L. Belvin
Associate Director, ARD
Mail Stop: 264
Langley Research Center
Hampton, VA 23681
Phone : 757-864-9436

Email: harry.l.belvin@nasa.gov

W"rfare Cent,er - Aircraft Division

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7701 Tampa Poinl Blvd

xv.

DISPUTE RESOLUTION

All disputes concerning questions of fact or law arising under this IAA shall be referred by the
claimant in writing to the appropriate person identified in this Agreement as the "Points of
Contact." The persons identified as the ~Points of Contact" for NASA , NA V AIR and
USSOCOM will consult and attempt to reso lve all issues arising from the implementation oftrus
Agreement. If they are unable to come to agreement on any issue, the dispute wi ll be referred to
the signatories to this Agreement, or their designees, for joint resolution after the Parties have
separately documented in writing clear reasons for the dispute. As applicable, disputes will be

resolved pursuant to the provision of the 'Intragovernmental Business Rules" delineated in


Volume 1, Treasury Financial Manual, Part 2, Chapter 4700, Appendix 10, Section VII
(Resolving Intragovemmental Disputes and Major Ditferences).
XVI.

MODIFICATIONS

Any modification to this Agreement shall be executed, in writing, and signed by an authorized
representative of NASA, NAY AIR and USSOCOM
XVII. APPLICABLE LAW

u.s. Federal law governs this Agreement for all purposes, including, but not limited to,
detennining the validity of the Agreement, the meaning of its provisions, and the rights,
obligations and remedies of the Parties.
XVIII. GOVERNMENT PROPERTY FOR PURPOSES OF THIS AGREEMENT
In order to further activities set forth in this Agreement, the Parties acknowledge that NASA
shall provide the following Government property to NA V AIR: NASA LaRC OV -\ 00, FAA #
N592NA and N581NA in support of the DOD demonstration by USSOCOM. The property listed

above (hereinafter referred to as the "Property") is not being provided to NAVAJR as a substitute
for the purchasing of the same type of property by NA V AIR under any contract or grant that
NAV AIR has, or may have. with a third party. Furthennore, such Property is not excess to
NASA's requirements and its use is anticipated upon its return to NASA.

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I. In support of demonstration efforts:


(a) NA VAIR shall be responsible for the modification, operations and maintenance of the
property during the modification and weapons integration phase of the demonstration.
Notwithstanding articles V and VIII, USSOCOM shall be responsible for the operations and
maintenance of the property throughout the LOE.

(b) NA VAIR shall reimburse NASA for the transport of the Property in accordance with
good commercial practices;
(e) NA VAIR shall identify, mark, and record al l of the Property promptly upon receipt,
and maintain such identity so long as it remains in the custody, possession, or control of
NAVAIR;
(d) NAVAIR shall maintain suitable records for each item of Property. As a minimum,
such records shall show description, identification number, unit cost, quantity, dates of receipt,
condition upon receipt, and location. NA V AlR shall perfonn an inventory of the Property one
(1) year from the effective date of this Agreement, and every year thereafter, if the Agreement is
still in effect, and send such inventory report to NASA Further, NAVAIR shall provide to
NASA upon reasonable request, records sufficient to disclose the date of inspections, the
deficiencies discovered as a result of inspections, and the maintenance actions performed. This
annual report shall be submi tted to the following NASA point of contact (POC): Bruce D. Fisher,
Research Services Directorate;
(e) NA VAIR shall assume responsibility for loss or damage to the Property, reasonable
wear and tear excepted and, with the same limitation for wear and tear. agrees to return the
Property to NASA in as good condition as when received. It is understood that NA VAIR is
financially responsible for any damage to the Property while it is in the care, custody. and control
ofNA VAIR by its employees, contractors, subcontractors, agents, or principal investigators not
to exceed $30,000 per aircraft. Reimbursement to NASA for loss of the Property is provided in
Articles III and VII of this Agreement;
(I) NA V AIR shall report any loss, damage, or destruction of Property to the NASA poe
identified above within ten (10) working days from the date of the discovery thereof.

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XIX.

SIGNATORY AUTHORITY

The signatories to this Agreement covenant and warrant that they have authority to execute this

Agreement. By signing below, the undersigned agrees to the above terms and I.:onditions.
NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
LANGLEY RESEARCH CENTER

NAVAL AIR SYSTEMS COMMAND

~~~~(!if(Acting Director, Aeronautics Research

Directorate

DATE:

Iqf;~

UNITED STATES SPECIAL


OPERATIONS COMMAND

DATE: _ _ _ _ _ _ _ __

DATE:_ _ _ _ _ _ __