**DONATION OF SERVICES TO**

# GODDARD SPACE FLIGHT CENTER

PURSUANT TO Section 203(c)(4) of the National Aeronautics and Space Act
of 1958, as amended, which authorizes the National Aeronautics and Space
Administration (NASA) and thereby Goddard Space Flight Center (Goddard)
to accept unconditional donations of services, I, * \[Name\]*, do hereby
offer to provide my services, without conditions which would limit their
use, to Goddard, and have been informed by Goddard that the following
understandings shall be applicable to my providing services.

1\. My services may be utilized by Goddard for an average weekly period
of no more than forty (40) hours.

2\. My services may be utilized by various organizations at Goddard;
* \[Organization\]*, Code * \[Code\]*, shall be my primary
organizational contact. My point of contact shall be * \[Name\]*, Code
* \[Code\]*, * \[Telephone Number\]*.

3\. My services will involve various studies and assessments of
* \[Detailed Description\]*. They may include attendance at internal
Goddard and NASA meetings where attendance is not otherwise restricted,
trade shows, technical briefings, and product demonstrations.

4\. I understand that I may not supervise any civil service employee,
nor monitor any contractor employee, nor perform any other duty which
constitutes an inherently Governmental function.

5\. I understand that I shall not occupy, nor perform the duties of, any
civil service position. I shall only perform individual assignments
provided in writing as Task Assignments by the point of contact
designated herein. I further understand I shall not be subject to the
supervision of any civil service employee by which such employee
provides detailed instruction as to how I should perform the assigned
duties. Once a Task Assignment is issued, I must determine the proper
ways of performing such Task, keeping my point of contact periodically
informed about my progress and providing a final product as defined by
the Task Assignment upon completion.

6\. I shall comply with all safety and other laws, rules, regulations,
and policies applicable to individuals while on-site at Goddard or other
Government facilities.

7\. I shall not use this affiliation with Goddard in any manner of
advertisement or promotion of any business or other activity in which I
am, or may become, involved; any proposal I may submit for grants or
research opportunities may not include my affiliation with Goddard. This
restriction does not apply to any publication or other presentation
which I develop as part of this Donation, and which is released outside
of Goddard, but only if prior written approval to include this
affiliation with Goddard has been provided by the Goddard point of
contact designated herein.

8\. These services are fully voluntary, and I shall not be entitled to,
nor shall I accept, compensation from any source therefor. I shall not
be considered an employee of the United States except as otherwise
specifically provided by law, such as 5 U.S.C. 8101 concerning
compensation for work injuries, and 28 U.S.C. 2671 concerning liability
of the United States for certain tort actions.

9\. While I am not a NASA employee for purposes of applying the
Standards of Ethical Conduct for Employees of the Executive Branch, 5
CFR Part 2635, and NASA's supplemental regulations, 5 CFR Part 6901, I
shall fully observe those and other ethical laws, rules, regulations,
and policies applicable to employees of the United States, NASA, and
Goddard.

10\. To the extent my donation of services period does not immediately
follow civil service employment by the Government, I consent to the
Government's conducting a National Agency Check on me, and I will fully
cooperate with Goddard to enable such a check. For purposes of this
provision, the donation of services period is defined to include the
initial period and all extensions of the initial period if without a
break between such periods.

11\. Because I am not an employee of the United States, documentation I
prepare as part of this arrangement may be subject to copyright.

\(a\) In the event that I assert copyright in original works of
authorship for which copyright protection subsists, the U.S. Government,
and others acting on the Government's behalf, shall have a paid-up,
non-exclusive, irrevocable, world-wide license to reproduce the
copyrighted work, distribute copies, prepare derivative works, perform
the copyrighted work publicly, and display the copyrighted work
publicly. I agree that any assignment or license of the copyright I make
shall identify the Government\'s license to the work as prescribed
herein.

> \(b\) If I decide not to assert copyright in a work in which the U.S.
> Government expresses interest, I agree to assign my copyright to the
> U.S. Government, upon written request.

\(c\) Joint works shall be jointly owned by me and the U.S. Government.

12\. In the event that my services involve research and development
activities that result in inventions, Attachment A shall apply.

13\. This Donation may be terminated by either party without prior
notice.

IN WITNESS WHEREOF, I do hereby donate my services, effective as of the
date indicated below, for a period not to exceed 36 months.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

* \[Name\]* Date

## CERTIFICATION BY DESIGNATED POINT OF CONTACT

As the designated point of contact, I understand that the donor may not
perform the duties of any civil service position and that neither I nor
any other civil service employee may create a supervisory relationship
with the donor. I shall make assignments by written Task Assignments to
the donor, and shall leave the methods of performing such assignments to
the donor's determination and implementation. I shall only obtain
periodic status reports from the donor and provide general guidance upon
the donor's request.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

* \[Name\]* Date

* \[Title\]*

ACCEPTED:

[\_]{.underline} \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Robert Strain Date

Director

Goddard Space Flight Center

**ATTACHMENT A**

**DISPOSITION OF RIGHTS IN INVENTIONS AND PATENTS**

In consideration for the use of NASA facilities, equipment, and/or
material, I (Donor) agree as follows:

1\. [Allocation of principal rights]{.underline}.

\(a\) *Presumption of NASA title.* Any invention made under this
AGREEMENT shall be presumed to have been made in the manner specified in
paragraph (1) or (2) of section 305(a) (42 U.S.C. § 2457(a)) of the
National Aeronautics and Space Act of 1958 (hereinafter called \"the
Act\"), and the above presumption shall be conclusive unless at the time
of reporting such invention I submit to the Goddard Office of Patent
Counsel a written statement, containing supporting details,
demonstrating that the invention was not made in the manner specified in
paragraph (1) or (2) of section 305(a) of the Act. I may file such
written statement regardless of whether title to such an invention would
otherwise be subject to an advance waiver or is the subject of a
petition for waiver.

\(b\) *Property rights in inventions*. Each invention made under this
AGREEMENT for which the presumption of paragraph 1(a) of this clause is
conclusive or for which there has been a determination that it was made
in the manner specified in paragraph (1) or (2) of section 305(a) of the
Act shall be the exclusive property of the United States as represented
by NASA unless the Administrator waives all or any part of the rights of
the United States to me, as provided in paragraph 1(c) of this clause.

\(c\) *Waiver of rights*. As provided in 14 C.F.R. Part 1245, Subpart 1,
I may petition, either prior to execution of the AGREEMENT or within 30
days after execution of the AGREEMENT, for advance waiver of rights to
any or all of the inventions that may be made under this AGREEMENT. If
such a petition is not submitted, or if after submission it is denied, I
may petition for waiver of rights to an identified subject invention
within eight months of first disclosure of invention or within such
longer period as may be authorized in accordance with 14 CFR 1245.105.
Further procedures are provided in NASA Patent Waiver Regulations, 14
C.F.R. Part 1245, Subpart 1.

2\. [Minimum rights reserved by the Government]{.underline}.

\(a\) With respect to each invention made under this AGREEMENT for which
a waiver of rights is applicable in accordance with 14 C.F.R. Part 1245,
Subpart 1, the Government reserves

\(i\) An irrevocable, royalty-free license for the practice of such
invention throughout the world by or on behalf of the United States or
any foreign government in accordance with any treaty or agreement with
the United States; and

\(ii\) Such other rights as stated in 14 C.F.R. 1245.107.

\(b\) Nothing contained in this paragraph shall be considered to grant
to the Government any rights with respect to any invention other than an
invention made under this AGREEMENT.

3\. [Minimum rights assigned to me]{.underline}.

\(a\) NASA will assign to me a revocable, nonexclusive, royalty-free
license in each patent application filed in any country on an invention
made by me under this AGREEMENT and any resulting patent in which the
Government acquires title, unless I fail to disclose such invention
within the time limits specified in paragraph 4 of this clause. The
license is transferable only with the approval of the Administrator.

\(b\) My license may be revoked or modified by the Administrator in
accordance with 14 C.F.R. 1245.108.

4\. [Reporting of Inventions]{.underline}

I will report to the Goddard Office of Patent Counsel any invention made
(conceived or first actually reduced to practice) as a consequence of,
or in direct relation to, work carried out under this agreement within
six months after I becomes aware that such an invention has been made,
but in any event before any on sale, public use, or publication of such
invention known to me.