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The SBA maintains a list of subcontracting opportunity contacts. The information is obtained through the<br />

names and addresses from the listing of subcontracting plans that are submitted to the government when a<br />

large business receives a federal contract over $650,000. For more information about subcontracting<br />

contacts, visit the subcontracting opportunities page.<br />

2. Collaborative Research and Development Agreements (CRADA)<br />

A CRADA is not an acquisition instrument (such as grants, contracts, and cooperative agreements), but is<br />

an agreement between a federal laboratory and a non-federal party to perform collaborative research and<br />

development in any area that is consistent with the federal laboratory's mission. CRADAs are the most<br />

frequently used mechanism for formalizing interactions and partnerships between private industry and<br />

federal laboratories and the only mechanism for receiving funds from non-federal sources for<br />

collaborative work.<br />

CRADA is an excellent technology transfer tool. It can:<br />

<br />

<br />

<br />

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Provide incentives that help speed the commercialization of federally-developed technology<br />

Protect any proprietary information brought to the CRADA effort by the partner<br />

Allow all parties to the CRADA to keep research results emerging from the CRADA confidential<br />

and free from disclosure through the Freedom of Information Act for up to 5 years<br />

Allow the government and the partner to share patents and patent licenses<br />

Permit one partner to retain exclusive rights to a patent or patent license.<br />

A CRADA is an agreement exempt from FAR and DFAR. Although locally reviewed and approved,<br />

agency level oversight is possible. Under a CRADA agreement, for the purposes of joint research, the<br />

government may engage in development, engineering, and testing but not the manufacture a product. A<br />

federal laboratory may provide personnel, services, facilities, and equipment, but no funds, to the joint<br />

R&D effort. A non-federal party may provide funds, in addition to personnel, services, facilities, and<br />

equipment to the joint R&D effort. These agreements are usually made for five years but have sometimes<br />

been approved for 20 years and are terminable at will. They can be used as a precursor to other<br />

agreements. These agreements cannot be used to circumvent the procurement code or to allow<br />

competition with private sector organizations.<br />

Any proprietary information provided to a federal employee is protected from disclosure provided that the<br />

disclosing party clearly indicates what is proprietary. This federal law only addresses federal employees.<br />

Proprietary information in a CRADA – e.g., trade secrets, commercial or financial information that is<br />

obtained in the conduct of research or as a result of activities addressed in the Technology Transfer Act,<br />

originating from a nonfederal party participating in a CRADA – can never be disclosed unless the<br />

information becomes public knowledge.<br />

Data (subject data) developed as a result of the research conducted under a CRADA is proprietary for five<br />

years from the time derived unless both parties agree to publish or disclose the subject data.<br />

Remember, the rules that govern a CRADA are as follows:<br />

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<br />

<br />

There must be one or more federal parties<br />

There must be one or more nonfederal parties<br />

Resources under the CRADA must be used for research and development<br />

34<br />

How to Find an Appropriate Opportunity

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