Consortium agreement: an agreement that governs the conditions for joining a consortium. As many may know, the DOE has a network of national laboratories that provides access to exceptional personnel, technology, and equipment. In addition to CRADAs, the DOE also offers other types of agreements (e.g.B. Working Agreements for Others (WFO) and User Agreements) for cooperation with its national laboratories. An FFO is generally used when the non-governmental unit commissions the laboratory to carry out a research project on its behalf, unlike the two parties who jointly conduct a research project. Typically, an FFO covers a particular project, developed and designed by the non-governmental organization for which it is responsible for a laboratory. As discussed in the following articles, the WFO generally offers much better intellectual property conditions than a CRADA. A private organization should also expect the government to obtain at least one non-exclusive, free license for unlicensed intellectual property, including software, that was “produced first” under the cooperation agreement. This license allows the Government to acquire, use, reproduce, and publish the intellectual property and software for the purposes of the U.S. Government and to authorize others (including competitors) to do so for similar purposes. Indeed, some agencies include the standard clause on fundamental intellectual property rights in the cooperation agreement provided for by the rules applicable to purchase contracts. A grant is generally used when there is no meaningful participation between the government authority and the recipient in the implementation of the research project.
Conversely, a cooperation agreement is used when the promoters calculate that they are significantly involved in the research project. Both can be distributed to commercial organizations, non-profit organizations and educational institutions. CRADA contracts do not have a mandatory duration, but are often provided for a period of one to four years. If the research plan is not significantly modified and if a CRADA has existed for less than 4 years, it may be extended by a minimum by mutual agreement between the parties. However, as scientific objectives and circumstances evolve over time, any significant changes to the research plan must be reviewed by the NIH CRADA Subcommittee or, where appropriate, by its Chair. . . .