The Cooperative Research and Development Agreement
(CRADA) program is the primary tool linking
government and industry researchers. This program,
authorized under the Federal Technology Transfer Act
of 1986, allows federal laboratories and businesses
to form commercial partnerships that help move new
technologies into the marketplace. ARS scientists
and companies work together to develop a research
plan that is consistent with the agency’s mission.
Under a CRADA, ARS scientists collaborate with
private firms to help commercialize the technologies
developed. A CRADA allows the company the
first right to negotiate an exclusive license to any
inventions that emerge under the agreement.
The objective of the CRADA is to expedite
federal research activities to the private sector to
enhance global and domestic competitiveness.
ARS has seven-geographically based Technology
Transfer Coordinators that negotiate CRADA
agreements. For more information about CRADAs
contact one of our Technology Transfer
Coordinators.
Material Transfer
Agreements
Scientists use Material Transfer
Agreements (MTAs) when they want to provide material
to someone outside of ARS, but also want to maintain
control over the material, and avoid public
disclosure.
MTAs are also used to bring in
material to ARS from outside parties for research
purposes. This agreement states specifically what
the material is, what it can be used for, restricts
giving it to a third party without permission, and
prohibits commercial use of the material. All MTAs
should be review by an ARS
Technology Transfer Coordinator (TTC).
A
generic MTA form can be obtained from a TTC, or can
be downloaded from this site (located on the
left-hand side of this page under Generic
Forms).
Confidentiality Agreements
In
many cases it is necessary for ARS to share certain
confidential information with a company to determine
if there is sufficient mutual interest to proceed
with either a Cooperative Research and Development
Agreement (CRADA) and/or a patent license. A
Confidentiality Agreement is used to ensure that a
company will not disclose confidential information
to anyone else or use the information for any other
purposes than determining if sufficient mutual
interest exists to proceed with the development of
CRADA or patent license.
In most cases, a
Confidentiality Agreement with a company can be
entered into by the ARS scientist and the respective
company official. In other cases, it may be
necessary for the ARS Technology Transfer
Coordinator or Patent Licensing official to enter
into a confidentiality agreement. A Confidentiality
Agreement between ARS and the private sector remains
in effect for two years, unless it is superseded by
the confidentiality terms found in a CRADA and/or
Patent License.
A Confidentiality Agreement
can be obtained from an ARS
Technology Transfer Coordinator. Specific terms
of Confidentiality Agreements are detailed in
several generic
forms.
Memorandums of Understanding
In some cases, it may be more advantageous for a
company to enter a Memorandum of Understanding (MOU)
with ARS. MOU’s are broad agreements that require a
mutual interest in objectives by both parties. These
agreements do not require mutual contributions of
personal or financial resources by either party. An
MOU is essentially an agreement to coordinate
activities and to outline mutually acceptable goals
and procedures, leading to mutual decisions.
Transfer of resources (money, people etc.) is NOT
done with an MOU.
There are five types of MOUs
that can be exercised in ARS to fit a specific need.
- A Master MOU is an agreement between ARS and
another party or parties covering a broad area of
cooperative work. A Master MOU may be entered into
with any responsible party. It is used to set forth
general principles of coordination, describe mutual
needs in broad language, identify resource
contributions and state responsibilities.
- A Supplement to the Master MOU is an agreement
among the parties to the Master MOU describing in
detail a particular program or project. The program
or project must be within the scope of the Master
MOU.
- An Individual MOU is an agreement between ARS
and another party or parties describing a
cooperative program or project. It can be used with
an individual, public or private organization,
Federal Agency, or other single or multiple parties.
It is typically used when there is not a Master MOU
to supplement.
- A Standard MOU is an agreement between ARS and
another party similar to an Individual MOU, but
different in that the agreement is reduced to an
approved format with blanks to be filled.
- A Cooperative Research and Development MOU is an
agreement between ARS and another party to conduct
cooperative technology transfer activities pursuant
to 15 U.S.C. 3710A.
To find out what type of MOU will fit
your situation, contact the Technology Transfer
Coordinator responsible for the ARS laboratory
location of your interest.
Trust Fund and
Reimbursable Cooperative Agreements
In some
cases it may be advantageous for companies to take
advantage of Trust Fund or Reimbursable Cooperative
Agreements with ARS to directly support an ARS
project or program.
In general, a Trust Fund
Cooperative Agreement involves cooperative research
between ARS and another party where ARS is paid in
advance to conduct research. This agreement may also
seek the private sector partner to share in the cost
of a research project conducted by ARS. The
agreement can also be used the allow private sector
partners the use of laboratory facilities, which in
some cases may require a formal lease.
A
Reimbursable Cooperative Agreement is similar to a
Trust Fund in arrears. The difference, however,
requires the private sector partner to pay ARS. In
each agreement, representatives from the private
sector partner and ARS should be actively engaged in
the cooperative effort and mutually contribute
resources to the research effort. Mutual interest in
the agreement’s objectives should also be
specifically stated.
The following criteria is
used to determine when to use a trust fund or
reimbursable cooperative agreement:
Trust Fund
Cooperative Agreement
- The relationship is with an individual or
for-profit organization
- ARS will hire a post-doc or temporary/term
employee(s) or purchase major equipment or supplies
necessary to conduct the research work. Under these
circumstances, ARS requires all funds up front to
pay salary costs before making a commitment to hire
personnel or prior to incurring costs for purchasing
equipment or supplies.
- ARS requires payment in advance for work to be
performed. An annual advance payment schedule should
be included in the agreement.
Reimbursable Cooperative Agreement
- ARS has an ongoing, long-term relationship with
the cooperator, such as a specific State or
non-profit organization.
- The working relationship provides a pretty good
idea that the organization is reliable and support
will be forthcoming.
- To determine if a Trust Fund Cooperative
Agreement or Reimbursable Cooperative Agreement will
fit your situation, contact the regional Technology
Transfer Coordinator.
