Cooperative Research and Development Agreement (CRADA)
Refer to
31 U.S.C. 6305 and
10 U.S.C. 2371
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A CRADA 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 funds, people, services, facilities, equipment, or other
resources to conduct specific research or development efforts that are consistent with the agency's mission.
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Although the collaboration involves the expenditure of federal funds and the use of federal personnel, services, equipment, intellectual property or
other resources, no funds may flow to the CRADA partner
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CRADA is not considered a procurement contract, grant, or cooperative agreement, therefore, not subject to 31 U.S.C. 6303-6305 terms
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CRADA is not considered an "assistance" or procurement tool
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The project manager and legal counsel draft an agreement, NOT a "contracting" instrument
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Rights to inventions and other intellectual property are negotiated as part of the agreement
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Certain generated trade secret information (of the non-federal party or laboratory) that qualifies as protected information may be withheld from public
dissemination for a period of time up to 5 years from release under the FOIA, 5 U.S.C. 552 et. seq.
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Special consideration is given to small businesses and consortia involving small businesses
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Preference is given to businesses that are located in the United States and agree to manufacture substantially in the United States products that embody
inventions developed under the CRADA or are produced using inventions developed under the CRADA
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The U.S. government always retains a nonexclusive or nontransferable, irrevocable, and paid-up license to practice any invention developed under a CRADA
for governmental purposes
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