- Contract:
- Purpose is acquisition of goods or services (deliverables)
- Many types of contracts are available including cost reimbursement and fixed price:
- Cost-Reimbursement Contracts are often used for research & development when the total cost of a project may not be readily predictable at the outset; under cost reimbursement contracts the government bears the greater risk.
- Fixed-Price Contracts are used when the deliverables are well defined and costs can be accurately estimated; under fixed price contracts the contractor bears the greater risk. Fixed-price contracts are used when acquiring commercial items.
- Contracts are governed by the Federal Acquisition Regulations (FAR) or an agency FAR Supplement
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Technology Transfer Methods
There are various Technology Transfer (T2) mechanisms and contractual instruments OAI uses to facilitate partnerships with our members. A description of the features and characteristics of each mechanism and contractual instrument follows:
Alliances
An alliance is an informal T2 tool that allows a federal laboratory to enter into a Memorandum of Understanding (MOU) or Memorandum of Agreement (MOA) with a group of companies, laboratories, and/or educational institutions to pursue common technology interests. MOUs and MOAs are typically nonbinding agreements, which serve to outline the principles and terms of reference of the alliance. These documents also serve to outline the specific T2 efforts to be undertaken and the expected accomplishments of the alliance.
Commercial Test Agreements
Commercial Test Agreements (CTA) allow any federal lab (we work with to establish a CTA) to provide, for a prescribed fee, Air Force services to test materials, equipment, models, computer software, and other items.
Commercialization
The unique feature of commercialization (to apply methods of business to for profit organizations) is that the first step in this process is to identify a laboratory technology with commercial potential. Then a company search is conducted to find a company which can develop and use the technology in a commercial product or process.
Cooperative Research and Development Agreement (CRADA)
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 to conduct specific research or development efforts that are consistent with the agency’s mission. 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. However, funds may flow to the Government from the CRADA partner.
Education Partnerships
An Education Partnership is a formal agreement that allows a federal agency to transfer technology to an educational institution and provide technical assistance to all levels of education (pre-kindergarten and up). This may include the donation or loan of equipment, use of laboratory personnel to teach or assist in developing courses, and involvement of faculty and students in research.
Indefinite Delivery and Task Order Contracts
The Government and a contractor enter into a contract (an acquisition instrument) in which the contractor is required to provide supplies and services to the Government. The Government’s purpose is to acquire goods, services, or research for the primary benefit of the Government. Contracts may be used to fund research and development that may eventually be transferred to the private sector. A common type of contract used by OAI and its partners is the indefinite delivery/indefinite quantity (ID/IQ) or task-order contracts. This type of contract is used to acquire supplies and/or services when the exact times and/or exact quantities of future deliveries are not known at the time of contract award.
Licensing
A patent license is an agreement by the patent owner permitting a licensee (i.e., a third party) to practice (i.e., make, use or sell) the patent invention in return for some valuable consideration (e.g., royalty). A license may be granted on an issued patent or pending patent application.
Partnership Intermediaries
A partnership intermediary serves as a T2 intermediary between federal laboratories and industry. Partnership intermediaries are established through contracts or Memoranda of Understanding between the federal laboratory and state/local agencies.
Patents
A patent is a grant issued by the U.S. Government giving an inventor the right to exclude all others from making, using, or selling an invention within the United States, its territories and possessions. A patent granted to a federal agency may be licensed to a company for commercialization.
Personnel Exchanges
Personnel exchanges allow federal laboratory staff to work in government, education, or industry facilities. They also allow people in government, education, or industry to work at a federal laboratory. Personnel exchanges enhance technical capabilities and support research.
Technical Assistance
A company can request technical assistance from a federal laboratory to solve a technical problem. Technical assistance is accomplished in an informal and timely manner. Transfer of federal laboratory expertise or technology through this mechanism is accomplished without the legal protection of a CRADA or license.
Technology Investment Agreement (TIA) and Other Transactions
A Technology Investment Agreement allows a federal agency to provide money and/or property to a business to support or stimulate research. The effort typically requires a cost-sharing arrangement, with government funding up to 50 percent of the total collaborative effort. "Other Transactions" are flexible, cost-shared agreements that are used when a standard contract, grant, or cooperative agreement is not feasible. "Other Transactions" have negotiable intellectual property rights clauses.
Small Business Innovation Research (SBIR)
SBIR is a program offered by ten federal agencies including the Department of Defense. SBIR contract awards stimulate technology research by small businesses while providing the government with cost-effective technical and scientific solutions to challenging problems. SBIR also encourages small businesses to market SBIR technology in the private sector.
Small Business Technology Transfer Program (STTR)
Similar to the SBIR program, STTR awards are made to non-profit research organizations that partner with small business firms for jointly-conducted research and development. Contracts are awarded to offerors who propose innovative concepts to solve defense-related scientific and engineering problems - especially those concepts that have a high potential for commercialization in the private sector.
Use of Facilities/Loaned Equipment
In addition to technical expertise and technologies, federal agencies designate scientific equipment and facilities for use by industry and universities. Use may be for proprietary or non-proprietary research.
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