Partnering Mechanisms

Cooperative Research and Development Agreement (CRADA)

The Engineer Research and Development Center (ERDC), Office of Research and Technology Transfer (ORTT), Technology, Knowledge, & Outreach (TKO) Division offers the motto of, “Adding Reach to Research” to ignite the partnership of Research and Development (R&D). Together, with our CRADA partners, we can support bringing ERDC R&D solutions to the world to help solve our Nation’s and our Army’s most challenging problems.

What is a CRADA?

It is a written agreement between one or more Federal laboratories and one or more non-Federal parties under which the Government, through its laboratories, provides personnel, facilities, equipment or other resources with or without reimbursement (but not funds to non-Federal parties). The non-Federal parties provide personnel, funds, services, facilities, equipment or other resources to conduct specific research or development efforts that are consistent with the agency's mission. CRADAs are authorized by the Technology Transfer Act of 1986 (15 USC 3710a) as amended.

Authority for Use?

15 USC 3710a

Is there Funding?

Can be with or without reimbursement. Paid only in advance, by the non-Federal partner(s) to the Federal Lab(s). Will be negotiated in advance of signed agreement.

When is a CRADA appropriate?

CRADAs allow ERDC researchers to exchange technical expertise with non-Federal partners, and to accept reimbursement for research conducted under the CRADA. CRADAs also protect a researcher's rights and those of ERDC to inventions the researcher may make. CRADAs are appropriate when ideas, staff, materials, equipment is to be exchanged over a period of time for the purpose of collaboration and/or an invention may result. Money can be provided to ERDC under a CRADA.

Who may participate in CRADAs?

 

CRADAs must involve at least one non-federal party. In addition to ERDC scientists, the other participants in a CRADA may be one or more of the following:

  • Private corporations (US or foreign)
  • Nonprofit and not-for-profit institutions (US or foreign)
  • State, local, and tribal governments (US)
  • Other Federal agencies (US)

Resources:
If you have further questions, please contact us at: TTO@usace.army.mil.

Patent License Agreement (PLA)

What is a PLA?

A Patent License Agreement (PLA) is a legal agreement that grants a license to use or practice an invention. The primary purpose for licensing patented inventions is to maximize the benefits of Federally-funded research by encouraging private development and application of patented technologies. PLAs provide a means for organizations to leverage patented technologies. The Engineer Research and Development Center (ERDC) has over 75 pieces of intellectual property (IP) available for licensing. ERDC offers PLAs for its IP through commercial licenses and evaluation licenses.

  • Commercial License – an exclusive, partially-exclusive, or non-exclusive license that allows organizations to manufacture, use, and sell products that incorporate ERDC’s IP.
  • Evaluation License – a non-exclusive, short-term (one year), low-cost license that allows organizations to “test drive” a technology and assess its potential but restricts the manufacture, use or sell of products.

What are the Different Types of PLAs?

  • Exclusive Patent License Agreement – affords a single licensee (business) the rights to manufacture and sell a government invention for any commercial application worldwide
  • Partially‐exclusive Patent License Agreement – allows multiple companies to obtain rights to manufacture and sell a government invention but only in certain, specified commercial applications or in certain, defined geographic locations
  • Non‐exclusive Patent License Agreement – can allow any number of companies to obtain the same government technology, use the technology in many different products or commercial applications, and make products or commercial applications utilizing the technology available for sale in many different geographic locations

What are the Legal Authorities for Use?

15 USC 3710a(b)(1) ~ 35 USC 207-209 ~ 37 CFR Chapter IV Part 404

Is there Funding?

Fees and royalties to be paid by the non-Federal partner(s) to the Federal Lab(s) will be negotiated in advance of a signed commercial license. Evaluation licenses are non-negotiable.

When is a PLA appropriate?

ERDC may grant a license to an invention, for which a patent application was filed before the signing of the agreement, for reasonable compensation when appropriate. Inventions that may have commercial potential should be made available to the private sector under a PLA.

Who may participate in PLAs?

Applicants with satisfactory plans for development or marketing of the Government owned invention may participate. PLAs are restricted to US entities or a licensee who agrees to manufacture substantially in the US unless unsuccessful efforts have been made or domestic manufacture is not commercially feasible.

  • Private Industry (US)
  • Nonprofit (US)
  • Academic institutions (US)

Resources:
If you have further questions, please contact us at: TTO@usace.army.mil.

Software License Agreement (SLA)

The Engineer Research and Development Center (ERDC) Office of Research and Technology Transfer (ORTT), Technology, Knowledge, & Outreach (TKO) Division offers expertise in understanding and constructing Software License Agreements (SLAs).

What is an SLA?

An SLA is a legal agreement that grants rights to government-developed software and its related documents. SLAs provide a means for organizations to manufacture, use, and sell products leveraging licensed software.

What are the Different Types of SLAs?

  • Exclusive License Agreement – affords a single licensee (business) the rights to use and sell government-developed computer software
  • Partially‐exclusive License Agreement – allows multiple companies to obtain rights to use and sell government-developed computer software but only in certain, specified commercial applications or in certain, defined geographic locations
  • Non‐exclusive License Agreement – can allow any number of companies to obtain the rights to use and sell the same government-developed computer software in many different products or commercial applications, and make products or commercial applications utilizing the government-developed computer software available for sale in many different geographic locations

Authority for Use?

Section 801 of the FY 2014 National Defense Authorization Act, as amended

Is there Funding?

Can be royalty free or for royalties. Fees and royalties to be paid by the non-Federal partner(s) to the Federal Lab(s) will be negotiated in advance of a signed agreement.

When is an SLA appropriate?

ERDC may grant a license to computer software only if:

  • the computer software and related documentation would be a trade secret under the meaning of Section 552(b)(4) of Title 5, United States Code, if the information had been obtained from a non-Federal party;
  • the public is notified of the availability of the software and related documentation for licensing and interested parties have a fair opportunity to submit applications for licensing;
  • such licensing activities and licenses comply with the requirements under Section 209 of Title 35, United States Code; and
  • the software originally was developed to meet the military needs of the Department of Defense.

Who may participate in SLAs?

Applicants with satisfactory plans for development or marketing of the government-developed software may participate. SLAs are restricted to US entities or a licensee who agrees to manufacture substantially in the US unless unsuccessful efforts have been made or domestic manufacture is not commercially feasible.

  • Private Industry (US) 
  • Nonprofit (US)
  • Academic institutions (US)

Resources:
If you have further questions, please contact us at: TTO@usace.army.mil.

Intergovernmental Cooperative Agreement (ICA)

The Engineer Research and Development Center (ERDC), Office of Research and Technology Transfer (ORTT), Technology, Knowledge, & Outreach (TKO) Division offers expertise in understanding and constructing Intergovernmental Cooperative Agreements (ICA). Let us help you with your ICA.

What is an ICA?

Under Intergovernmental Cooperative Agreements (ICAs), federal laboratories may provide assistance to public institutions of higher learning and agencies of state and local government. ICAs are authorized by the Intergovernmental Cooperation Act, 31 USC 6505. The Act authorizes the head of an executive agency to provide specialized or technical services to a state or local government when:

1. Written request is made by the state or local government; and

2. Payment of salary and all other identifiable costs of providing the services are made to the agency by the state or local government making the request.

Office of Management and Budget Circular A-97 sets forth the rules and regulations implementing the law. The circular requires the requesting entity to certify that such services cannot be procured reasonably and expeditiously by it through ordinary business channels. It further provides that the requested services can be provided only upon payment or provision for reimbursement to the federal agency involved. These payments must be made in advance of rendering the service.

Authority for Use?

31 USC 6505

Is there Funding?

Services by the federal agency can be provided only upon advanced payment or provision for reimbursement by the state or local government making the request.

When is an ICA appropriate?

The primary mechanisms for working with state and local governments are Cooperative Research and Development Agreements (CRADAs) and ICAs. CRADAs require collaborative participation by the partner beyond providing funds. CRADAs also require Army review. ICAs do not require any technical collaboration by the partner, nor do they require Army review. The partner must request such support in writing and certify that the assistance is not reasonably or expeditiously available from a private sector source. Work may not be initiated prior to receipt of funds sufficient to cover the cost of the estimate or at least an initial increment based upon an approved payment schedule that ensures funds are deposited prior to work being performed.

Who may participate in ICAs?

 
State, local, and tribal governments (US)
 
The term “state” includes any of the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States or any agency or instrumentality of a state. The term “local government” includes a county, municipality, city, town, township or a school or other special district created by or pursuant to state law or combinations thereof.

Resources:
If you have further questions, please contact us at: TTO@usace.army.mil.

Testing Services Agreement (TSA)

The Engineer Research and Development Center (ERDC), Office of Research and Technology Transfer (ORTT), Technology, Knowledge, & Outreach (TKO) Division offers expertise in understanding and constructing Testing Service Agreements (TSA). Let us help you with your TSA.

What is a TSA?

Under Testing Services Agreements (TSAs), DOD laboratories may make available to any person or
entity (including universities), on a reimbursable basis, laboratory services for the testing of materials, equipment, models or computer software and other items. They are authorized by 10 U.S.C. 2539b (a) (3). The law authorizes the directors or commanders of government laboratories, centers or other facilities to 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.


Authority for Use?

10 USC 2539b

Is there Funding?

On a reimbursable basis, paid to DOD laboratories by any person or entity (including universities) utilizing laboratory services.
 
When is a TSA appropriate?
 
A TSA should be used if the service is to be provided by the laboratory 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. Neither does it authorize the sale of products – just services. The entity requesting the laboratory’s services 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 laboratory capabilities or facilities, even if the requesting entity offers to finance the expansion.


Who may participate in TSAs?

 
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.
  • Private Industry (US or foreign)
  • Nonprofit (US)
  • State, local, and tribal governments (US)
  • Academic institutions (US or foreign)
Resources:
If you have further questions, please contact us at: TTO@usace.army.mil.

Educational Partnering Agreement (EPA)

The Engineer Research and Development Center (ERDC), Office of Research and Technology Transfer (ORTT), Technology, Knowledge, & Outreach (TKO) Division offers expertise in understanding and constructing Educational Partnering Agreements (EPA). Let us help you with your EPA.

What is an EPA?

An Educational Partnering Agreement (EPA) serves to establish the basis for cooperative interactions between ERDC and an educational institution, primarily to promote and enhance science and
engineering education. EPAs are authorized by 10 USC 2194. The law authorizes the director of each defense laboratory to enter into EPAs with educational institutions in the United States for the purpose of encouraging and enhancing study in scientific disciplines at all levels of education.

Authority for Use?

10 USC 2194

Is there Funding?

No funding exchanged

When is an EPA appropriate?

If there is a mutual interest between the parties involved in having the laboratory
provide assistance to the educational institution by:

  • Loaning laboratory equipment to the institution;
  • Transferring laboratory equipment that has been determined by the laboratory director to be surplus;
  • Making laboratory personnel available to teach science courses or to assist in the development of science courses and materials for the institution;
  • Involving faculty and students of the institution in laboratory research projects;
  • Cooperating with the institution in developing a program under which students may be given academic credit for work on laboratory research projects; and
  • Providing academic and career advice and assistance to students of the institution.

Who may participate in EPAs?

Academic institutions (US)

Eligible educational institutions are local education agencies (legally constituted authority for administrative
control for public elementary or secondary schools), colleges, universities and any other nonprofit institutions that
are dedicated to improving science, mathematics and engineering education.

Resources:
If you have further questions, please contact us at: TTO@usace.army.mil.

Memorandum of Agreement (MOA) / Form 7600

The Engineer Research and Development Center (ERDC), Office of Research and Technology Transfer (ORTT), Technology, Knowledge, & Outreach (TKO) Division offers expertise in utilizing Memorandums of Agreement (MOAs) and the US Treasury’s Financial Management Service (FMS) Form 7600A/B. Beginning 1 October 2022 USACE will require that General Terms and Conditions (GT&C) agreements must be in G-Invoicing before an order for goods and services can be accepted or sent.

What is an MOA?

ERDC Laboratories may establish formal technical relationships and exchange goods and services with other parties through an MOA. Such agreements describe a partnership with agreed-upon objectives and establish the foundation for subsequent agreements to perform work on a reimbursable basis. MOAs do not of themselves authorize the transfer of funds between agencies.

A Form 7600 is an Interagency Agreement (IAA) and is utilized to transfer funds for goods and services between federal agencies. The standard IAA form is comprised of two sections: (1) the 7600A serves as the General Terms and Conditions (GT&C) form and (2) the 7600B serves as the Order Requirements and Funding Information (Order) form.

Authority for Use?

31 USC 1535

Is there Funding?

Can be with or without reimbursement. An MOA is utilized when no funding is available or necessary. A Form 7600A and Appendix A plus either a 7600B, MIPR or other agency funding document is utilized to transfer funding as agreed to by both federal agencies on the basis of the actual cost of goods or services provided. Funds are sent prior to the agency receiving the goods or services. If an IAA is utilized, then a separate written MOA is not required.

When is an MOA/7600 appropriate?

An MOA is appropriate for transfer of goods and services between agencies without reimbursement. Form 7600s are appropriate for reimbursing federal agencies for goods and services and are completed by budget personnel within the laboratory.

Who may participate in MOAs/7600s?

The Parties to an MOA can include Federal agencies and agencies of state or local governments, and non-profit organizations. However, Reimbursable Orders (7600s) may be used to fund work only between federal agencies. To perform reimbursable work for state and local governments or non-profit organizations, the parties must enter into either a Cooperative Research and Development Agreement (CRADA), an Intergovernmental Cooperation Act Agreement (ICA), or a Testing Services Agreement (TSA), as appropriate.

Resources:
If you have further questions, please contact us at: TTO@usace.army.mil.

Material Transfer Agreement (MTA)

The Engineer Research and Development Center (ERDC), Office of Research and Technology Transfer (ORTT), Technology, Knowledge, & Outreach (TKO) Division offers expertise in understanding and constructing Material Transfer Agreements (MTA).

What is an MTA?

An MTA is an agreement under which a quantity of a unique, specialized or experimental material (natural or synthetic) may be transferred between the Federal laboratory and another party for research, commercial evaluation, testing or other uses.

Authority for Use?

15 USC 3710a

Is there Funding?

There is typically no funding associated with MTAs.

When is an MTA appropriate?

An MTA is appropriate for transfer of materials between institutions for use in research and when no collaboration between the parties is planned. The provider of the material maintains ownership rights. Neither rights in intellectual property nor rights for commercial purposes may be granted under this type of agreement.

Who may participate in MTAs?

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.

  • Private corporations (US or foreign)
  • Nonprofit and not-for-profit institutions (US or foreign)
  • State, local, and tribal governments (US)
  • Other Federal agencies (US)

Resources:
If you have further questions, please contact us at: TTO@usace.army.mil.

Service Agreement (SA)

The Engineer Research and Development Center (ERDC), Office of Research and Technology Transfer (ORTT), Technology, Knowledge, & Outreach (TKO) Division offers expertise in understanding and constructing Service Agreements (SA).

What is an SA?

Under SAs, the law authorizes the directors or commanders of government laboratories, centers or other facilities to make available to any person or entity, through leases, contracts, or other appropriate arrangements, facilities, services, and equipment of any government laboratory, research center, or range, if the facilities, services, and equipment provided will not be in direct competition with the domestic private sector.

Authority for Use?

10 USC 2539b(a)(4)

Is there Funding?

On a reimbursable basis, paid to DOD laboratories by any person or entity (including universities) utilizing laboratory services.

When is an SA appropriate?

An SA should be used if the service is to be provided by the laboratory with no technical collaboration by the partner. Facilities, services or equipment provided should not otherwise be reasonably and expeditiously available from the private sector. An SA is not appropriate for research studies or investigations. Neither does it authorize the sale of products – just services. The entity
requesting the laboratory’s services 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 laboratory capabilities or facilities, even if the requesting entity offers to finance the expansion.

Who may participate in SAs?

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.

  • Private Industry (US or foreign)
  • Nonprofit (US)
  • State, local, and tribal governments (US)
  • Academic institutions (US or foreign)

Resources:
If you have further questions, please contact us at: TTO@usace.army.mil.

Memorandum of Understanding (MOU)

The Engineer Research and Development Center (ERDC), Office of Research and Technology Transfer (ORTT), Technology, Knowledge, & Outreach (TKO) Division offers expertise in utilizing Memorandums of Understanding (MOUs).

What is an MOU?

MOUs often simply state common goals and are not legally binding. MOUs define a general area of understanding within both parties’ authorities and no transfer of funds for services is anticipated.

Authority for Use?

31 USC 1535 ~ DOD Instruction 4000.19

Is there Funding?

There is no funding associated with an MOU.

When is an MOU appropriate?

An MOU is used to document a mutual understanding between any two or more parties that does not contain an expectation of payment, and under which the parties do not rely on each other to execute or deliver on any
responsibilities.

Who may participate in MOUs?

The Parties to an MOU can include Federal agencies and agencies of state or local governments, and non-profit organizations.

Resources:
If you have further questions, please contact us at: TTO@usace.army.mil