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. 

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).

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.

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.

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.