SSP-50615_Baseline.doc

REVISION AND HISTORY PAGE

DATE

INTERNATIONAL SPACE STATION PROGRAM

NASA/JAXA BILATERAL HARDWARE AND SOFTWARE EXCHANGE AGREEMENTS, LISTS AND SCHEDULES

PREFACE

This Bilateral Hardware and Software Exchange Agreement, Lists and Schedules (BHSEALS) defines the hardware and software that will be exchanged between the National Aeronautic and Space Administration (NASA) and the Japanese Aerospace Exploration Agency (JAXA) for the Space Station Program. In addition, this agreement defines the technical support that will be provided for the hardware and software.

This bilateral exchange agreement implements the NASA and JAXA Joint Management Plan (SSP 50030), Paragraph 3.11, Hardware and Software Exchange Process. In addition, this agreement complies with JSC’s Space Station Export Control Plan (SSP 50223).

Both NASA and JAXA herein mutually agree that the execution of this hardware and software exchange agreement is necessary for the effective and safe integration of the JAXA H-II Transfer Vehicle (HTV) into the International Space Station (ISS).

INTERNATIONAL SPACE STATION PROGRAM

NASA/JAXA BILATERAL HARDWARE AND SOFTWARE EXCHANGE AGREEMENTS, LISTS AND SCHEDULES

CONCURRENCE

Prepared By:

Carrie Nabizadeh

Barrios

PRINT NAME

ORGN

/s/Carrie Nabizadeh

11/18/05

SIGNATURE

DATE

Prepared By:

Shinichi Takata

JAXA

PRINT NAME

ORGN

/s/Shinichi Takata

03/07/06

SIGNATURE

DATE

DQA:

Sandy Boriack

NASA

PRINT NAME

ORGN

/s/Sandy Boriack

01/20/06

SIGNATURE

DATE

Concurred By:

Jeff Theall

NASA

PRINT NAME

ORGN

/s/Jeffrey Theall

11/22/05

SIGNATURE

DATE

Approved By:

Yoshihiko Torano

JAXA

PRINT NAME

ORGN

/s/Yoshihiko Torano

03/07/06

SIGNATURE

DATE

Approved By:

Kenneth O. Todd

NASA

PRINT NAME

ORGN

/s/Kenneth O. Todd

12/15/05

SIGNATURE

DATE

NASA/JAXA

APPROVAL

INTERNATIONAL SPACE STATION PROGRAM

BILATERAL HARDWARE AND SOFTWARE EXCHANGE AGREEMENTS, LISTS, AND SCHEDULES

November 2005 For NASA:

For JAXA:

/s/Kirk Shirman /s/Kuniaki Shiraki

Michael T. Suffredini

Kuniaki Shiraki ISS Program Manager

JAXA ISS Program Manager

INTERNATIONAL SPACE STATION PROGRAM

NASA/JAXA BILATERAL HARDWARE AND SOFTWARE EXCHANGE AGREEMENTS, LISTS AND SCHEDULES

LIST OF CHANGES

November 2005 All changes to paragraphs, tables, and figures in this document are shown below:

SSCBD

ENTRY DATE

CHANGE

PARAGRAPH(S)

TABLE(S)

FIGURE(S)

APPENDIX(ES)

ADDENDA

TABLE OF CONTENTS

iREVISION and history page

PREFACE

ii

CONCURRENCE

iii approval

IV

LIST OF CHANGES

V

TABLE OF CONTENTS

VI

Paragraph

Page 1.0

INTRODUCTION

1.1 background 1.2 purpose

1.3 scope

1.4 definitions 1.5 document control

1.6 Applicable documents

2.0 development and control of bhseals database

2.1 process for additions, deletions or changes to the bhseals database

2.2 periodic reconciliation of the bhseals database 3.0

REQUIREMENTS AND RESPONSIBILITIES

3.1

ASSIGNMENT OF RESPONSIBILITIES

3.2

RESPONSIBILITIES OF THE PROVIDING ORGANIZATION

3.3

RESPONSIBILITIES OF THE RECEIVING ORGANIZATION

4.0 fidelity definitions

5.0 special conditions

5.1 copyrights

5.2 Use of exchanged hardware/software

5.3 Confidentiality

APPENDIX A ABBREVIATIONS AND ACRONYMS

APPENDIX b Technical protocol

APPENDIX c bhseals database change form APPENDIX d proforma invoice (jsc form 1735) APPENDIX e export control approval request and worksheet (jsc form 1724) APPENDIX f shipping document (jsc form 290) APPENDIX g approved database changes

1.0 INTRODUCTION

This bilateral agreement documents arrangements between NASA and JAXA regarding hardware and software to be exchanged between NASA and JAXA in carrying out their respective International Partner (IP) roles for the HTV within the ISS Program. This agreement includes HTV related hardware and software exchanges such as:

· development hardware and software to be used in interface simulations and verification testing;

· support equipment used in simulations, verification testing, training, and operations;

· NASA flight hardware and software that will be integrated into the HTV flight elements prior to HTV launch.

This agreement is not intended to include:

· Cargo and Payloads to be manifested;

· flight hardware and software that will be exchanged on orbit;

1.1 BACKGROUND

This document is one of a series of bilateral agreements to implement the joint NASA/JAXA development of the ISS. The exchange of appropriate hardware and software provides mutual benefits in this Program, including:

a. Improves feasibility and performance of the Space Station by allowing use of the best available technology in each country’s segment.

b. Assures compatibility of the NASA and JAXA flight systems by making authentic hardware and software available for interface development and verification by the other side.

c. Allows for tracking of hardware and software in the shipping process.

d. Increases property control for both partners.

1.2 PURPOSE

The purpose of this document is to:

1. Identify and describe all hardware and software related to the development and verification of the HTV to be exchanged between JAXA and NASA, including their respective contractors in development of the ISS.

2.

Define the schedule for hardware and software exchanges between JAXA and NASA.

3. Identify the organizations responsible for providing, receiving, and returning (if applicable) this hardware and software.

4. Define the requirements and responsibilities for the use and support of this hardware and software, including technical support, acceptance data packages, configuration management, logistics, and maintenance.

5. Define the processes for negotiating and documenting final details of these requirements. These processes will be tailored to the criticality of the intended application, and will utilize existing documentation where appropriate.

6. Define the management process for maintaining and tracking this exchange activity.

1.3 SCOPE

The terms of this agreement apply whether custody of the exchanged item is retained by the Providing Organization or transferred to the Receiving Organization. Specific responsibilities for these two cases are identified in paragraph 3.0.

1.4 DEFINITIONS

BHSEALS - the approved abbreviation for the Bilateral Hardware and Software Exchange Agreements, Lists and Schedules.

EXCHANGE as defined in the BHSEALS process – any hardware or software item shipped under the provisions of this agreement to be used for ground support, training, testing, certification testing, or other purpose, excluding any hardware or software shipped for launch on the receiving organization’s space vehicle.

BHSEALS DATABASE –the tool that is used to record and track all exchange items defined on the JAXA-Notification of Document Change (J-NDC), per paragraph 2.0.

JAXA-Notification of Document Change (J-NDC) – a form to authorize a change, addition, or deletion to the BHSEALS Database, per paragraph 2.0. (See Appendix C).

Note: Any items that have already been exchanged between JAXA and NASA prior to this signed agreement, will not require a J-NDC.

TECHNICAL PROTOCOL – An agreement between NASA and JAXA stating the exact reason why a particular hardware or software exchange needs to take place. The Technical Protocol fulfills the requirements of Section 2.1 below. (See Appendix B).

1.5 DOCUMENT CONTROL

All changes to this document require the approval of the NASA Space Station Program Manager and the equivalent JAXA Space Station Program Manager.

1.6 APPLICABLE DOCUMENTS

DOCUMENT NO.

TITLE

1.7 REFERENCE DOCUMENTS

1.8 AUTHORITY

This agreement implements the Intergovernmental Agreement (IGA), the NASA/JAXA Memorandum of Understanding (MOU), and the NASA/JAXA Joint Management Plan (JMP). These agreements document the authority and necessity for hardware and software exchanges for the Space Station Program. This agreement is subordinate to the IGA, the NASA/JAXA MOU and the NASA/JAXA JMP.

2.0 DEVELOPMENT AND CONTROL OF BHSEALS DATABASE

The BHSEALS Database is the tool that is used to record and track all exchange items defined in this document. It will include the historical record of all hardware and software exchanged. Development of the BHSEALS Database will be controlled and maintained by the NASA BHSEALS Book Manager, but made available for JAXA to view at any time

2.1 PROCESS FOR ADDITIONS, DELETIONS, OR CHANGES TO THE BHSEALS DATABASE

The following outlines the process in which additions, deletions or changes to the BHSEALS Database will be accomplished:

1.

The technical Teams of the Providing and Receiving Organizations will create a Technical Protocol that summarizes the purpose of the shipment, the hardware and/or software that will be exchanged, whether or not the hardware is to be returned, and if so, at what date, and other relevant details. See Appendix B for a sample Technical Protocol.

2.

The providing organization will complete a Notification of Document Change (J-NDC) (see Appendix C) for all items to be exchanged, per the Technical Protocol.

3.

The Technical Protocol and the J-NDC will be forwarded to the NASA BHSEALS Book Manager, who will assign a tracking number to the J-NDC.

The NASA BHSEALS Book Manager will review the documents and return them to the NASA technical team, who will coordinate with the JAXA technical team with comments, if necessary.

5.

The technical teams are responsible for obtaining team-level signatures.

6.

The NASA BHSEALS Book manager is responsible for obtaining management-level signatures.

7.

Upon approval of the J-NDC, the NASA BHSEALS Book manager will update the BHSEALS database.

This process must be completed before a shipment can occur. For more specific procedures when shipping from JSC, see ISS document JSC 29840.

2.2 PERIODIC RECONCILIATION OF THE BHSEALS DATABASE

Periodically, the NASA BHSEALS Book Manager and the JAXA Book Manager will review the data added to, deleted from, or modified in the HTV BHSEALS database.

Following concurrence by the NASA and JAXA HTV Book Managers, typically Appendix G of this document will be updated biannually. Appendix G will include, as a minimum, the following columns:

1. J-NDC number

2. Item Description

3. Shipped/Received Date

4. Status (Open or Closed) For current list of hardware and software exchanged see \\Kibo\data\OM\Russian_AIT\Shipping\Databases

Fidelity Definition

The illustration of the NASA BHSEALS Database update process with document revision is shown below.

3.0 Requirements and responsibilities

3.1 Assignment of responsibilities

NASA and JAXA will each be responsible for issuing direction to their respective contractors or subordinate agencies as necessary to meet the requirements of this agreement.

3.2 responsibilities of the hardware/software owner and recipient

Responsibilities H/S Recipient's

Responsibilities

- Coordinate and get J-NDC approval

- Coordinate Technical Protocol

- Coordinate and get J-NDC approval

In provider’s country

- Provide the commercial invoice to the shipping company or freight forwarder NLT 2 weeks (4 weeks for large shipments) prior to shipment. Provide the airway bill number and routing information as soon as this information is available.

-execute import custom procedures and ensure exemption from any taxes and duties collected by customs.

-Conduct sustaining engineering for COTS products after the H/S handover from provider.

- The responsibilities for control and configuration management of hardware and software items exchanged will be controlled within the Acceptance Data Package.

Return

Export from the custom of the recipient’s Country

-execute export custom procedure and ensure exemption from any taxes and duties collected by the customs of provider’s hardware and software, if required.

In - Transit

- Ship the exchanged items as scheduled.

-Arrange for prompt execution of any import fee, if required.

4.0 FIDELITY DEFINITIONS for use on the J-ndc

Fidelity of the hardware and software exchanged under this agreement will be shown on the appropriate Technical Protocol and also on the J-NDC for each item.

5.0 SPECIAL CONDITIONS

5.1 COPYRIGHTS

The Providing Organization keeps all property rights and copyrights to the exchanged items. Nothing in this agreement can be interpreted as a basis for reassignment of the property right and copyrights for these items or for issuing licenses related to these items.

5.2 USE OF EXCHANGED HARDWARE/SOFTWARE

The exchange items may be used only by the Receiving Organization (NASA or JAXA) and their contractors which are companies of the U.S. or Japan. Without prior written approval by the Providing Organization, the Receiving Organization will not transfer exchanged hardware or software to any party outside the above mentioned organizations, will not introduce any changes to the items, and will not duplicate the item or use it for any goals other than performing work within the framework of the ISS program.

Upon request of the Providing Organization, the Receiving Organization will provide a written statement confirming its obligation to adhere to these requirements. This will be submitted in the form of an appropriate certificate.

5.3 CONFIDENTIALITY

It is understood, that in the course of the ISS Program implementation process, the exchange of confidential information on hardware and software items which are the property of JAXA, NASA, or their contractors may become necessary.

The hardware and software provided in accordance with this agreement are intended for the use exclusively within the ISS Program implementation activities. Consequently, only the personnel of the receiving party directly dealing with the ISS Program activities may have access to such hardware and software. Any other use, commercial or non-commercial, of such hardware and software will require written approval by the providing party.

The party providing confidential information on hardware and software will attach the appropriate notification on the use-rights restrictions. The party receiving such hardware and software is obligated to use them strictly in compliance with the requirements indicated in the notification on the use rights restrictions, as well as to take the appropriate measures ensuring confidentiality, which includes the appropriate instructing of the user personnel who have access to such hardware and software.

In cases when a deliverable, accompanied by the notification on the use rights restrictions, will be handed over to contractors or third parties, the requirements indicated herein shall be applicable to such contractors and third parties, and shall be documented in writing in the respective agreements or included in the terms of the respective contract.

Providing of hardware and software to the other partner is not, and shall not be interpreted as transfer of ownership rights or yielding of copyrights.

APPENDIX A: ABBREVIATIONS AND ACRONYMS

BHSEALS

Bilateral Hardware and Software Exchange Agreement Lists and Schedules

Cat.

Category

CM

Configuration Management

COTS

Commercial off-the-shelf

ECCN

Export Control Classification Number

FEU

Flight Equivalent Unit

GOJ

Government of Japan

H/S Hardware and/or software

HTV

H-II TRANSFER VEHICLE

IGA

Intergovernmental Agreement

IP

International Partner

ISS

International Space Station

JAXA

Japanese Aerospace Exploration Agency

JF

JSC Form

JMP

Joint Management Plan

J-NDC

JAXA – Notification of Document Change

JSC

Johnson Space Center

MGR

Manager

MOU

Memorandum of Understanding

NASA

National Aeronautics and Space Administration

NLT

no later than

No.

Number

Orgn Organization

POC

Point of contact

Qty Quantity

SSCBD

Space Station Control Board Directive

SSP

Space Station Program

TIM

Technical Interchange Meeting

TP

Technical Protocol

USML

United States Munitions List

APPENDIX B: TECHNICAL PROTOCOL

APPENDIX C: NOTIFICATION OF DOCUMENT CHANGE

APPENDIX D: PROFORMA INVOICE (JSC FORM 1735)

APPENDIX E. EXPORT CONTROL APPROVAL REQUEST AND WORKSHEET (JSC FORM 1724)

APPENDIX F. SHIPPING DOCUMENT (JSC FORM 290)

APPENDIX F: SHIPPING DOCUMENT (JSC FORM 290)

Continued

APPENDIX F: SHIPPING DOCUMENT (JSC FORM 290) Continued

APPENDIX G: APPROVED DATABASE CHANGES

Approved Database Changes to SSP 50615

Period Covering: to:

J-NDC Forms with NASA and JAXA approval

Revised

HTV BHSEALS

NASA will update the database

Start CM Process

Updated BHESALS

Database

NASA and JAXA confirmation

Technical Protocols and J-NDCs are maintained on file by NASA BHSEALS Book Manager

Biannual Reconciliation by NASA and JAXA Book Managers, if necessary.

J-NDC

"A"

"B"

"D"

"C"

TP

"A"

"D"

"C"

"B"

Note: at this point shipments A, B, C, and D can take place (after all licenses and shipping issues have been resolved)

1-II

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NASA/JAXA Bilateral Hardware and Software Exchange Agreements, Lists and Schedules for the H-II Transfer Vehicle (HTV)

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SSP 50615

National Aeronautics and Space Administration

International Space Station Program

Johnson Space Center

Houston, Texas

May 20, 2005November 2005

International Space Station

Program

_1128949369.doc