NONREIMBURSABLE INTERAGENCY AGREEMENT

BETWEEN

THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

AND

DEFENSE ADVANCED RESEARCH PROJECTS AGENCY

FOR

DEMONSTRATION ROCKET FOR AGILE CISLUNAR OPERATIONS PROGRAM

ARTICLE 1. AUTHORITY AND PARTIES

The National Aeronautics and Space Administration, located at 300 E St SW, Washington, DC 

20546 (hereinafter referred to as “NASA”) enters into this Interagency Agreement (hereinafter 

referred to as “IAA”) in accordance with 51 U.S.C. §20113(e). The Defense Advanced Research 

Projects Agency, located at 675 N Randolph St, Arlington, VA 22203 (hereinafter referred to as 

“DARPA” or “Partner”), enters into this IAA in accordance with Department of Defense 

Directive 5134.10, “Defense Advanced Research Projects Agency.” NASA and DARPA may be 

individually referred to as a “Party” and collectively referred to as the “Parties.”

ARTICLE 2. PURPOSE

NASA Space Technology Mission Directorate (STMD) and DARPA will collaborate for the 

purpose of accomplishing mutually beneficial advancement and successful flight demonstration 

of nuclear thermal propulsion through DARPA’s Demonstration Rocket for Agile Cislunar 

Operations (DRACO) program. The Parties share a mutual interest in the ground and flight 

demonstration of a nuclear thermal propulsion capability and in advancing nuclear thermal 

rocket (NTR) technology research and development efforts in a time frame to support their 

respective missions. This IAA sets forth the Parties’ commitment to ensure that the DRACO 

demonstration objectives are achieved for the benefit of both Parties. This collaboration on 

DRACO is distinct from and independent of any NASA-commercial partner collaborations that 

are advancing technologies relevant to nuclear thermal propulsion and, specifically, currently 

proposed NASA-commercial partner engagements that align and may be associated with the 

DARPA DRACO Phase II/III Broad Agency Announcement (BAA) and any contracts or

agreements resulting from that BAA. 

This IAA outlines the formal roles, responsibilities, and processes that will enable interagency 

cooperation and coordination concerning the DRACO program’s activities and both agencies’ 

shared objectives with respect to that program. Any and all reimbursable activities related to 

DRACO will be negotiated and entered into under separate agreements as permitted by and in 

accordance with law and the respective Parties’ policies and processes.

NASA shall lead management of the overall NTR engine development and fabrication and shall 

retain final authority over all aspects of the successful execution of the NTR engine (except those 

explicitly listed as DARPA responsibilities below, where authorized and applicable), including, 

but not limited to: reactor development and fabrication; non-nuclear engine (NNE) development

and fabrication; and accommodating requirements associated with integrating the NTR engine 

with the experimental NTR vehicle (X-NTRV). The Parties agree that all NASA-managed 
activities, and all systems developed and data created thereunder, shall be unclassified at any 

level. DARPA shall retain authority over and shall be solely responsible for: X-NTRV to launch 

vehicle integration; launch vehicle procurement; launch approvals; program scheduling; 

contracting activities to the DRACO contractors/performers, ground segment activities, XNTRV operations and disposition; technical development and contractual procurement of 

hardware and associated software; program security; and any and all other items necessary to 

execute the DRACO demonstration activity pursuant to the DRACO program.

ARTICLE 3. RESPONSIBILITIES

NASA will use reasonable efforts to:

a) Participate in and contribute to any and all regularly scheduled program meetings, weekly 

technical interchange meetings (TIMs) and other meetings with DARPA as necessary;

b) Attend and participate in all necessary DRACO review panels; 

c) Provide DARPA with milestone reports on a quarterly basis, which shall include 

descriptions of overall progress, milestone status, and details regarding progress against 

milestone objectives;

d) Promptly notify DARPA of any significant issues that pose a high risk to successfully 

meeting the technical or programmatic objectives of the DRACO effort and work with 

DARPA to evaluate any impacts to programmatic progress;

e) Assume technical responsibility for and procure (either directly or via one or more

assisted acquisitions, where authorized and applicable) the design, development, and 

fabrication of any and all unclassified NTR engine system and/or subsystem components,

i.e., the reactor and all associated NNE hardware, that will achieve DRACO 

demonstration objectives and NASA’s requirements;

f) Provide DARPA with any and all unique terms, conditions, and applicable agencyspecific statutes, regulations, directives, and other requirements for incorporation into any 

order or contract resulting from any assisted acquisitions undertaken by DARPA for 

NASA related to this effort;

g) Collaborate with DARPA to develop and refine the interface requirements between the 

NTR engine and the X-NTRV;

h) Collaborate with DARPA to develop a plan for terrestrial testing of the NTR engine 

reactor and NNE and work with DARPA to execute such testing;

i) Coordinate with DARPA in order to facilitate DARPA receipt of high assay low enriched 

uranium (HALEU), pursuant to DARPA’s agreement with the National Nuclear Security

Administration (NNSA), for NTR engine fuel and reactor development;

j) Implement inadvertent criticality safety systems;

k) Deliver the NTR engine designed and developed under this effort to DARPA for XNTRV integration and utilization for the DRACO demonstration;

l) Support development of mission operations that are relevant to NTR engine operation 

and performance;

m) Support NTR engine-mockup/engineering development unit (EDU) to X-NTRV tests, 

such as launch loads and fluids tests, if an EDU is required by the Parties;

n) Support NTR engine to X-NTRV integration and functional checkout testing;

o) Support X-NTRV to launch vehicle integration as pertains to the NTR engine;

p) Support operation of X-NTRV on orbit as pertains to NTR engine; and 
q) Support the design, development, and testing of the X-NTRV or components as requested 

by DARPA and agreed to by NASA.

DARPA will use reasonable efforts to:

a. Participate in any and all regularly scheduled program meetings, weekly technical 

interchange meetings (TIMs) and other meetings with NASA as necessary;

b. Attend and participate in all necessary DRACO review panels;

c. Provide NASA with milestone reports on a quarterly basis, which shall include 

descriptions of overall progress, milestone status, and details regarding progress against 

milestone objectives;

d. Promptly notify NASA of any significant issues that pose a high risk to successfully 

meeting the technical or programmatic objectives of the DRACO effort and work with 

NASA to evaluate impacts to programmatic progress;

e. Support and provide assistance for the design, development, and test of the NTR engine 

system or components/subsystems thereof as requested by NASA;

f. Manage overall integrated X-NTRV development, including X-NTRV design, 

fabrication, contractor selection, assembly, test, and schedule;

g. Manage acquisition activities and perform the role of contracting activity for the 

acquisition of both the NTR engine system (or NTR engine components/subsystems 

(where authorized and applicable)) for NASA and the X-NTRV;

h. Incorporate any and all NASA-unique terms, conditions, and applicable agency-specific 

statutes, regulations, directives, and other applicable requirements into any order or 

contract resulting from any assisted acquisitions undertaken for NASA related to this 

effort, in compliance with the Federal Acquisition Regulation (FAR), Department of 

Defense FAR Supplement and NASA FAR Supplement, as appropriate;

i. Provide program security oversight;

j. Develop, in collaboration with NASA, any and all interface requirements between the 

NTR engine and the X-NTRV;

k. Secure the required supply of HALEU fuel in accordance with the Agreement between 

DARPA and the United States Department of Energy (signed 24 March 2021);

l. Ensure that all activities performed by DARPA and NASA under this effort remain in 

accordance with DARPA’s Atomic Energy Act 91b authorization letter (signed 1 April 

2022), including, but not limited to, addressing and ensuring responsibility for any and all 

safety and handling concerns, and interfacing with the Department of Energy regarding 

the same;

m. Integrate the overall NTR engine to X-NTRV;

n. Perform integrated X-NTRV checkout and functional testing;

o. Secure launch vehicle procurement and integration for DRACO demonstration activity;

p. Address any and all regulatory requirements for integrated X-NTRV transport to, 

processing at, and launch from the Eastern Range;

q. Operate X-NTRV on orbit; and

r. Dispose of X-NTRV on orbit.
ARTICLE 4. SCHEDULE AND MILESTONES

The planned major milestones for the activities defined in the "Responsibilities" Article are as

follows:

Phase II:

Integrated Vehicle (X-NTRV) Systems Requirements Review FY23

Integrated Vehicle (X-NTRV) Preliminary Design Review FY24

Integrated Project Team Meeting FY24

Nuclear Engine (NTRE) Critical Design Review FY25

Integrated Vehicle (X-NTRV) Critical Design Review FY25

Integrated Project Team Meeting FY25

Phase III:

Nuclear Engine (NTRE) Acceptance Review FY26

Launch Readiness Review FY27

Integrated Project Team Meeting FY27

Launch and On-Orbit Testing FY27

Parties agree to use reasonable efforts to achieve these milestones and milestone dates within the 

constraints of available funding, sound programmatic administration, and acceptable systems 

engineering practices. Adjustments to these milestones or milestone dates during execution of 

the agreement will be negotiated in accordance with the respective Parties’ policies and 

processes.

ARTICLE 5. FINANCIAL OBLIGATIONS

There will be no transfer of funds between the Parties under this Agreement and each Party 

will fund its own participation. 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 (31 

U.S.C. § 1341).

ARTICLE 6. PRIORITY OF USE

Any schedule or milestone in this IAA is estimated based upon the Parties’ current 

understanding of the projected availability of its respective goods, services, facilities, or 

equipment. In the event that either Party’s projected availability changes, NASA or 

DARPA, respectively, shall be given reasonable notice of that change, so that the schedule 

and milestones may be adjusted accordingly. The Parties agree that NASA’s and DARPA’s 

use of its own goods, services, facilities, or equipment shall have priority over the use 

planned in this IAA.

ARTICLE 7. LIABILITY

The Code of Federal Regulations (14 C.F.R. § 1266.104) establishes a cross-waiver of 
liability between the parties to agreements for science or space exploration activities 

unrelated to the International Space Station which involve a launch, and requires that such 

cross-waiver be flowed down to the parties’ related entities. In furtherance of this 

requirement, the Parties agree to ensure that their respective applicable Related Entities are 

subject to the cross-waiver as set forth in 14 C.F.R. § 1266.104.

ARTICLE 8. INTELLECTUAL PROPERTY 

RIGHTS - DATA RIGHTS

NASA and DARPA agree that the information and data exchanged in furtherance of the 

activities under this IAA will be exchanged without use and disclosure restrictions unless 

required by national security regulations (e.g., classified information) or as otherwise 

provided in this IAA or agreed to by NASA and other Federal Agency for specifically 

identified information or data (e.g., information or data specifically marked with a restrictive

notice).

ARTICLE 9. INTELLECTUAL PROPERTY 

RIGHTS - HANDLING OF DATA

A. In the performance of this Agreement, NASA or DARPA (as “Disclosing Party”) may 

provide the other Party (as “Receiving Party”) with:

1. Data of third parties that the Disclosing Party has agreed to handle under protective 

arrangements or is required to protect under the Trade Secrets Act (18 U.S.C. § 1905) (“Third 

Party Proprietary Data”), or

2. Government data, including software, the use and dissemination of which, the Disclosing 

Party intends to control (“Controlled Government Data”).

B. All Third Party Proprietary Data and Controlled Government Data provided by Disclosing 

Party to Receiving Party shall be marked by Disclosing Party with a restrictive notice and 

protected by Receiving Party in accordance with this Article.

C. Disclosing Party provides the following Data to Receiving Party. The lists below may not be 

comprehensive, are subject to change, and do not supersede any restrictive notice on the Data.

1. Third Party Proprietary Data: The Disclosing Party’s Third Party Proprietary Data, if any, will 

be identified in a separate technical document.

2. Controlled Government Data: The Disclosing Party’s Controlled Government Data, if any, 

will be identified in a separate technical document.

3. NASA software and related Data will be provided to Partner under a separate Software

Usage Agreement (SUA). DARPA shall use and protect the related data in accordance with

this Article:

D. For such Data identified with a restrictive notice pursuant to paragraph B of this 

Article, including Data identified in an accompanying funding document, Receiving Party 

shall:

1. Use, disclose, or reproduce such Data only as necessary under this Agreement;

2. Safeguard such Data from unauthorized use and disclosure;

3. Allow access to such Data only to its employees and any Related Entity requiring access 

under this Agreement;

4. Except as otherwise indicated in D.3, preclude disclosure outside Receiving Party’s 
organization;

5. Notify its employees with access about their obligations under this Article and ensure 

their compliance, and notify any Related Entity with access about their obligations under 

this Article; and

6. Dispose of such Data as Disclosing Party directs.

E. If the Parties exchange Data having a notice deemed ambiguous or unauthorized by the 

receiving Party, it should tell the providing Party. If the notice indicates a restriction, the 

receiving Party must protect the Data under this Article unless otherwise directed in 

writing by the providing Party. 

F. Notwithstanding any restrictions provided in this Article, the Parties are not restricted in 

the use, disclosure, or reproduction of Data provided under this Agreement that is:

1. known or available from other sources without restriction;

2. known, possessed, or developed independently, and without reference to the Proprietary 

Data;

3. made available by the owners to others without restriction; or

4. required by law or court order to be disclosed. If a Party believes that any exceptions

apply, it shall notify the other Party before any unrestricted use, disclosure, or

reproduction of the Data.

ARTICLE 10. INTELLECTUAL PROPERTY 

RIGHTS - INVENTION AND PATENT 

RIGHTS

Unless otherwise agreed upon by NASA and DARPA, custody and administration of 

inventions made (conceived or first actually reduced to practice) under this IAA will remain 

with the respective inventing Party. In the event an invention is made jointly by employees 

of the Parties (including by employees of a 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.

ARTICLE 11. RELEASE OF GENERAL 

INFORMATION TO THE PUBLIC AND

MEDIA

NASA or DARPA may, consistent with Federal law and this Agreement, release general 

information regarding its own participation in this IAA as desired. Insofar as participation 

of the other Party in this IAA is included in a public release, NASA and DARPA will seek 

to consult with each other prior to any such release, consistent with the Parties’ respective 

policies. Pursuant to Section 841(d) of the NASA Transition Authorization Act of 2017,

Public Law 115-10 (the “NTAA”), NASA is obligated to publicly disclose copies of all

agreements conducted pursuant to NASA’s 51 U.S.C. §20113(e) authority in a searchable 

format on the NASA website within 60 days after the agreement is signed by the Parties. 

The Parties acknowledge that, if this IAA is entered into pursuant to NASA’s 51 U.S.C. 

§20113(e) authority, this IAA will be disclosed, without redaction, in accordance with the

NTAA.
ARTICLE 12. TERM OF AGREEMENT

This IAA becomes effective upon the date of the last signature below (“Effective Date”) and 

shall remain in effect until the completion of all obligations of both Parties hereto, or five years 

from the effective date, whichever comes first.

ARTICLE 13. RIGHT TO TERMINATE

Either Party may unilaterally terminate this Agreement by providing thirty (30) calendar days 

written notice to the other Party.

ARTICLE 14. CONTINUING OBLIGATIONS

The rights and obligations of the Parties that, by their nature, would continue beyond the 

expiration or termination of this Agreement, e.g., “Liability and Risk of Loss” and 

“Intellectual Property Rights” and related clauses shall survive such expiration or 

termination of this Agreement.

ARTICLE 15. POINTS OF CONTACT

The following personnel are designated as the Points of Contact between the Parties in the 

performance of this Agreement.
Management Points of Contact

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION

Dr. Anthony Calomino

Program Manager

300 E Street SW

Washington, DC 20546

Phone: 216-513-0489

anthony.m.calomino@nasa.gov

DEFENSE ADVANCED RESEARCH 

PROJECTS AGENCY

Dr. Tabitha Dodson, PhD

Program Manager

675 North Randolph Street

Arlington, VA 22203

Phone: 571-384-9739

Tabitha.dodson@darpa.mil

ARTICLE 16. 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 IAA as the “Points of 

Contact.” The persons identified as the “Points of Contact” for NASA and DARPA will 

consult and attempt to resolve all issues arising from the implementation of this IAA. If 

they are unable to come to agreement on any issue, the dispute will be referred to the 

signatories to this IAA, or their designees or successors, 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 Department of the Treasury’s Intragovernmental 

Transaction Guide (Treasury Financial Manual, Vol. 1, Chapter 2, Part 4700, Appendix

10 (hereinafter, the “Intragovernmental Transaction Guide”)).

ARTICLE 17. INVESTIGATIONS OF 

MISHAPS AND CLOSE CALLS

In the case of a close call, mishap or mission failure, the Parties agree to provide assistance 

to each other in the conduct of any investigation. For all NASA mishaps or close calls, 

Partner agrees to comply with NPR 8621.1, "NASA Procedural Requirements for Mishap 

and Close Call Reporting, Investigating, and Recordkeeping" and any and all NASA Centerspecific safety policies, as applicable.

ARTICLE 18. MODIFICATIONS

Any modification to this IAA shall be executed, in writing, and signed by an authorized 

representative of NASA and the DARPA.

ARTICLE 19. APPLICABLE LAW

U.S. Federal law governs this IAA for all purposes, including, but not limited to, 

determining the validity of the IAA, the meaning of its provisions, and the rights, 

obligations and remedies of the Parties.
ARTICLE 20. LOAN OF GOVERNMENT 

PROPERTY

The parties shall enter into a NASA Form 893, Loan of NASA Equipment, for NASA 

equipment loaned to Partner.

ARTICLE 21. SIGNATORY AUTHORITY

Approved and authorized on behalf of each Party by:

NATIONAL AERONAUTICS

AND SPACE ADMINISTRATION

BY:

James L. Reuter

Associate Administrator

Space Technology Mission Directorate

DEFENSE ADVANCED RESEARCH 

PROJECTS AGENCY

BY:

Michael B. Leahy, Jr.

Director

Tactical Technology Office