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HOME>>Other Program and Sevices>>PBF>>CRADA Tuesday, October 23 2018

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Cooperative Research and Development Agreement (CRADA)

CRADA Process

  1. WRAIR scientist finds a prospective partner and works out a draft statement of work (SOW)
  2. Scientist requests CRADA from the Walter Reed Army Institute of Research (WRAIR) Office of Research, Technology and Applications (ORTA) via a Request for CRADA Preparation Form, including approval signatures from department and division directors
  3. ORTA prepares draft CRADA and obtains legal and programmatic review of the SOW by the U.S. Army Medical Materiel Development Activity (USAMMDA)
  4. ORTA sends draft CRADA to prospective partner and negotiates terms and conditions
  5. ORTA prepares two execution copies of the negotiated agreement and sends them to the partner for signature
  6. The two copies of the signed document are sent back to WRAIR and the CRADA is signed by the Director of WRAIR
  7. The CRADA is processed through the legal office and Department of the Army. It is assigned an identifying number and a signed is sent back to the collaborating partner

Rules Governing CRADAs

  1. There must be one or more federal parties
  2. There must be one or more non-federal parties
  3. Resources under the CRADA must be used for research and development
  4. Funds can flow to the federal party but not from the federal party
  5. Research and development conducted under the CRADA must be consistent with the mission of the federal laboratory
  6. Preference is given to small businesses
  7. Preference is given to businesses that agree to manufacture CRADA inventions substantially in the U.S.
  8. Foreign partners are allowed to enter CRADAs on condition that the partner's country allows U.S. entities to enter into R & D agreements and that the foreign partner is not part of the foreign government (in which case the partnership is covered by an International Agreement)
  9. CRADAs with foreign partners must be approved by the Office of the U.S. Trade Representative in the Department of Commerce
  10. Export Administration Regulations further restrict CRADAs by controlling materials that can be shipped to a foreign government, regardless of the status of the foreign partner
  11. Intellectual property (IP) rights in existence prior to a collaboration are retained by the owner of those rights, while any rights to IP newly created under the CRADA (called subject inventions) are negotiated on a case-by-case basis

Types of CRADAs

  1. CRADA for Transfer of Material and/or Information in which WRAIR is the Provider. View a CRADA Short Form. Get Adobe Reader
    • This is a one-time transfer to test a Material and/or Information
    • Short term agreement - no more than 1-2 years to evaluate a Material or use information once
    • No collaboration is contemplated
  2. CRADA for Transfer of Material and/or Information in which WRAIR is the Provider. View a CRADA Short Form. Get Adobe Reader
    • This is a one-time transfer of test Material and/or Information
    • Short term agreement - no more than 1-2 years to evaluate a Material or use information once
    • No collaboration is contemplated
  3. Full CRADA. View a CRADA. Get Adobe Reader
    • This is a formal collaboration with or without reimbursement funds
    • Each Party to the CRADA agrees to certain tasks under a Statement of Work (SOW) that is jointly developed by the Parties
    • Longer term Agreement - routinely for 3 years, but may be modified after 3 years if the Parties choose to continue to work on the same SOW

Non-disclosure of Proprietary Information

  1. It is a felony for federal employees to disclose proprietary information
    (US Code Title 18, Chapter 93, Section 1905). Therefore, any proprietary information provided to a federal employee is protected from disclosure provided that the disclosing party clearly indicates what is proprietary.
    This federal law only addresses federal employees.
    Click here to view US Code Title 18, Chapter 93, Section 1905 doc.gif
  2. Proprietary information in a CRADA, such as Trade Secrets, commercial or financial information that is obtained in the conduct of research, or as a result of activities addressed in the Technology Transfer Act, originating from a non-federal Party participating in a CRADA, can never be disclosed unless the information becomes public knowledge.
  3. Data (Subject Data) developed as a result of the research conducted under a CRADA is proprietary for 5 years from the time derived unless both Parties agree to publish or disclose the Subject Data.
  4. WRAIR protects government-derived information (technical, economic and or business information) that it considers proprietary by non-disclosure agreements (NDAs). There are two types of NDAs:
    • One-way NDA Get Adobe Reader in which WRAIR is disclosing proprietary information to an outside Party
    • Mutual NDA Get Adobe Reader in which both WRAIR and the outside Party are disclosing proprietary information to each other



Last Modified Date: 09-September-2016



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