80TECH27QA003 - Attachment B - NASA IT Software and Hardware Rider.pdf
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- Attached to
- FIRE & EMERGENCY MEDICAL SERVICES RECORDS MANAGEMENT SYSTEM (FEMSRMS) SOFTWARE BASE + 3 OPTION YEARS ORDER
- Solicitation number
- 80TECH27QA003
About this file
This is the NASA IT Software and Hardware Rider, an attachment containing contractual requirements and conditions for software and hardware licensing agreements with NASA. The rider establishes mandatory operational and compliance standards that apply across all software and hardware procurement for the agency.
Key requirements include: all audit and compliance review notifications must be submitted via email to the Contracting Officer and Agency Software Manager within a 30-day response window. Any software with automated reporting features must encrypt data through VPN or authorized secure ports and cannot include personally identifiable information about NASA users; NASA will not reconfigure security controls to accommodate unsecured reporting. License usage cannot be restricted by location, time zone, or territory within the US, and licenses may transfer between NASA and government sites as needed. Both government personnel and contractors may use licenses without additional licensing fees. NASA prohibits additional contract terms from vendors and maintains control over reporting requests, requiring contracting officer approval before report generation and written consent before sharing data with third parties. The contractor must identify, assess, and monitor cybersecurity supply chain risks and provide compliance artifacts within 48 hours of request. NASA reserves the right to share all prices, terms, and conditions for commercial and COTS software licenses with other federal agencies and post such information to the Acquisition Gateway. Finally, when NASA orders publisher products, the contractor must execute an order specifying license type, unit of measure, delivery location, and quantities; NASA and its users are not bound by conflicting "Click Wrap" license terms or end user terms that conflict with this agreement.
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Text version
Attachment B
TheNASA IT Software and Hardware Rider
1. Audit and Compliance Review Notifications
All audit and compliance review notifications, to include anti-piracy violation inquiries, must be submitted via email to the Contracting Officer and Agency Software Manager. NASA will have 30 days to respond to all requests.
2. Use of Software with Automated Reporting Features
Automated reporting by a software firm with whom NASA maintains a licensing agreement must be encrypted through use of a VPN or over an authorized secure port to ensure information about NASA’s users and network is not exposed. Automated reporting from licensed software must not include personally identifiable information about NASA users. Automated reporting via unsecure means will not be allowed and such traffic will be blocked by NASA. NASA will not reconfigure security controls or firewall rules to accommodate automated software reporting. Automated report blocking by NASA will not constitute a violation of Publisher terms and all stated clauses to this effect are void.
3. Geographical Limitations
Use of the license(s) shall not be restricted to specific locations or time zones nor require additional license(s) for use within the US or US territory. License use may transfer to other NASA/government sites as required to perform required work. Publisher may request notification prior to license relocation.
4. License Usage
In performance of NASA business, license(s) may be used by Government personnel and Government contractors. No additional licensing requirements will be applied or enforced for contractor usage in performance of contracting duties or projects.
5. Contract Terms
Additional terms and conditions added to quotes and purchases will not be binding or act as a contract modification.
6. Reporting
Report requests for usage or entitlements must be submitted and approved by the contracting officer, prior to report generation. Reports will not be utilized to generate or compel compliance action(s).
Generated reports will not be shared with any 3rd party without prior consent by NASA. All requests to share data with 3rd parties must be submitted in writing and disclose identity of third party, all information to be shared, justification for sharing information, and data retention period. NASA may require additional information depending on security posture.
80TECH27QA003
Attachment B
7. Reserved
8. Artifacts (received from Dept of State)
The Contractor must regularly identify, assess, monitor, and mitigate cybersecurity supply chain risks when providing covered articles or services to the Government. The Contractor shall maintain artifacts (i.e., any byproduct of hardware or software development that helps describe the architecture, design, and function of that hardware or software) that document its compliance with this paragraph and shall provide these artifacts to the Government within 48 hours of request, which may be redacted to remove sensitive proprietary information.
9. Price Sharing (received from OMB Memo M-16-12) NASA may share all prices, terms, and conditions for commercial and COTS software licenses with other Government entities, including posting said information to the Acquisition Gateway.
Terms or conditions that preclude NASA from sharing prices paid with other Federal agencies are prohibited.
10. License and Grants: At the time NASA places an order for PUBLISHER products, the contractor shall execute an order for a PUBLISHER EULA specifying the license grant details, including the license type, unit of measure, delivery location as requested by NASA, and the units ordered. The contractor acknowledges that NASA and its users shall not be bound by the terms of “Click Wrap” licenses or other related end user terms in the PUBLISHER EULA to the extent such “Click Wrap” licenses or end user terms conflict with the terms of this agreement.
80TECH27QA003
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