WHAT IS A CRADA? 

A Cooperative Research and Development Agreement (CRADA) is a legal agreement between a federal laboratory and a nonfederal party to conduct specified research or development efforts that are consistent with the missions of the federal laboratory (15 USC § 3710a(d)(1)).  The Federal Technology Transfer Act of 1986 (Public Law 99-502) authorized federal laboratories to enter into CRADAs (15 USC § 3710a(a)(1)).  The primary purpose of the act is to encourage the transfer of commercially useful technologies from federal laboratories to the private sector and to make accessible unique technical capabilities and facilities. 

CRADAs are structured to offer the nonfederal partner an opportunity to leverage its resources with those of the federal laboratory by sharing the costs of research for the development of products.  The nonfederal partner may provide funds, personnel, services, equipment, facilities, intellectual property, or other resources needed to conduct a specific research or development effort.  The federal laboratory may provide similar resources but may not directly provide federal funds to the nonfederal CRADA partner. 

The Government protects any proprietary information brought to the CRADA effort by the nonfederal partner.  This provides a true collaborative opportunity.  Federal scientists can work closely with their nonfederal counterparts, exchanging ideas and information while protecting company secrets.  All parties can mutually agree to keep research results developed during performance of the CRADA confidential and free from disclosure through the Freedom of Information Act for up to five years.  CRADAs also allow flexibility in patenting and patent licensing, enabling the Government and the collaborating partner to share patents and patent licenses, or permitting one partner to retain exclusive rights to a patent or patent license. 

SUCCESS STORIES

The U.S. Army Benét Laboratories has participated in over 100 CRADAs since 1990.  The range of technologies represented includes material analysis, design specifications for cannon and howitzer guided bore technologies, and fatigue and fracture analysis. 

Culvert Material Analysis 

Benét Laboratories submitted a scope of work to assist New York State Department of Transportation in the evaluation of the premature failure of culvert pipes.  This work encompassed comparison testing of metal, water and soil samples; a metallurgical failure analysis; and a feasibility study to determine an accurate non-destructive metal thickness measurement method. 

Benét Laboratories concluded from our testing and analysis that the steel composition and surrounding soil did not contribute to the premature failure.  The primary cause of the premature failure was the near constant water level.  This set up a localized corrosion cell that concentrated the metal loss to a small band running the full length on both sides of each pipe at the water-air-metal interface.  Seasonal chlorides in the water further aggravated this condition. 

Benét Laboratories recommended that the water level in metal culverts be addressed in future design considerations and checked in existing culverts.  As a result NYS Department of Transportation corrected all future designs. 

CONTACT: 

For more information on how to enter into a CRADA with Benét Laboratories, contact: 

The Business Planning and Development Office  
RDAR-WSB-O, Bldg. 40 
Watervliet, NY  12189-4050 
Phone:  (518) 266-5539 
Email:  webmaster

MECHANISMS: 

Test Services Agreement (TSA) 

[10 USC 2539b] 
Under a TSA, government laboratories, centers, or other facilities can make available to any person or entity, at a prescribed fee, the services of the government facility for the testing of materials, equipment, models, computer software, and other items. A TSA should be used if the service is to be provided by the lab with no technical collaboration by the partner. The service performed must legitimately be the testing of materials, equipment, models, computer software, or other items. A TSA is not appropriate for research studies or investigations not does it authorize the sale of products, only services. The entity requesting the lab's service must establish in writing that provision of the services will not constitute undue competition with the private sector and that the service requested does not involve expansion of lab capabilities or facilities, even if the requesting entity offers to finance the expansion. The legislation defines "person or entity" to be an individual, partnership, corporation, association, state, local, or tribunal government, or an agency or instrumentality of the United States. Thus, the only limitation on participants is that they may not be agencies of foreign governments. 

COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT (CRADA) 

[15 USC § 3710a, et seq.] 
An agreement between a federal laboratory and one or more nonfederal parties.  The government, through the laboratory, provides personnel, facilities, equipment, or other resources to the nonfederal parties.  Federal laboratories can be reimbursed by the nonfederal parties but cannot provide funds to the nonfederal parties.  The nonfederal parties can provide funds, personnel, facilities, equipment, or other resources to conduct specific research and development.  Rights to intellectual property are negotiated as part of the CRADA. 

PATENT LICENSE AGREEMENT (PLA) 

[37 CFR § 404] 
The transfer of less-than-ownership rights in federal intellectual property to a third party, to permit the third party to use the intellectual property.  PLAs can be exclusive or nonexclusive, for a specific field of use or geographical area.  Licensees develop plans for commercialization of the invention. 

GRANTS, COOPERATIVE AGREEMENTS, AND 'OTHER TRANSACTIONS' 

[10 USC § 2358, 10 USE § 2371, 31 USC § 6305, 10 USC § 2361] 
Legal instruments under which a Government agency can carry out certain activities that cannot be more properly executed under other, more appropriate agreements. 

EDUCATIONAL PARTNERSHIP AGREEMENT 

[10 USC § 2194] 
An agreement under which a Defense laboratory works with an educational institution to encourage and enhance study in scientific disciplines at all levels of education. 

COST-SHARED CONTRACT 

[FAR 16.303] 
A cost-sharing contract in which the contractor receives no fee and bears some of the risk of cost overruns by agreeing to pay a predetermined portion of its allowable costs.  Appropriate where the contractor is expected to receive a significant commercial benefit from performance of the contract. 

CONTACT: 

For more information on how to enter into any of the above mechanisms with Benét Laboratories, contact: 

The Business Planning and Development Office 
RDAR-WSB-O, Bldg. 40 
Watervliet, NY  12189-4050 
Phone:  (518) 266-5539  Email: webmaster