MAY 6 1997
apply to Government-owned, contractor operated labs may be found in 1354Title
15, U.S.C. 3701a, Cooperative research and development agreements.
Cooperative Research and Development Agreements (CRADAs) were authorized by the
Federal Technology Transfer Act (FTTA) of 1986 (Public Law 99-502) as amended,
and are codified in 15 USC 3710a. The purpose of these agreements is to promote
transfer of technology to the private sector for commercial use. CRADAs may be
bi- or multilateral and may be proposed by any of the potential CRADA partners.
CRADAs are authorized between a Federal laboratory (including, with limitations,
contractor operated labs) and other Federal agencies; units of State or local government;
industrial organizations (including corporations, partnerships and limited partnerships,
and industrial development organizations); public and private foundations; nonprofit
organizations (including universities); or other persons (including licensees of
inventions owned by the U.S. Government). At least one of the CRADA partners must
be a non-Federal entity.
The FTTA authorizes executive agencies to permit the directors of their laboratories to
enter into CRADAs. The Office of the Secretary has delegated this authority to the
Commandant, who has further delegated this authority to the Director of Finance and
Every CRADA established must be consistent with the mission of the Coast Guard
Laboratory involved. Within the terms of a CRADA, the Coast Guard Laboratory may
provide one or more of the following: personnel, services, facilities, equipment,
intellectual property, or other resources EXCEPT FUNDS. The non-Federal CRADA
partner may supply any or all of the above and may additionally supply FUNDS which
are consistent with the missions of the laboratory.
CRADAs are legal, binding agreements between the Federal Laboratory and the
CRADA partner. Since CRADAs are legally binding, they must be reviewed by
cognizant procurement legal staff for legal sufficiency.
CRADAs are NOT procurement contracts. Contracting personnel need not be involved
in any step of the CRADA process. However, care must be taken to ensure that
CRADAs are not used to circumvent the contracting process. CRADAs have a specific
purpose and should not be confused with other types of agreements such as
procurement contracts, grants, and cooperative agreements. Enclosure (1)
contains a description of each type of agreement and its purpose.