What does a CRADA look like?
The CRADA provides a basis for the acknowledgement of mutual agreement between the collaborator and Reclamation. Here are standard clauses or articles in a CRADA:
1. Definitions –define the
terms used in the CRADA.
2. Statement of Work – outlines the scope of work
to be addressed through the CRADA. The statement of work (SOW) is attached
to the CRADA as Appendix A. The statement of work outlines all tasks and
contributions of Reclamation and the collaborator(s).
3. Financial Obligation – this section, when the
CRADA calls for reimbursement of Reclamation, describes the term of the
CRADA and financial contributions. This section should also provide instructions
for submitting funds to Reclamation’s Finance Office.
Note: In addition to the payment instructions provided in the CRADA, the
cover letter transmitting the partner’s signed copy of the CRADA
should also provide instructions for submitting agreed-upon contributions
to the Finance Office. Payment should be accompanied by the tracking number
of the CRADA.
4. Patent Rights –describes the disposition of
intellectual property rights under the CRADA addressing reporting, partner
employee inventions, Reclamation employee inventions, joint inventions,
filing of patent applications, patent expenses, and licenses.
5. Data and Publication –describes data release
restrictions, proprietary information protection, and terms of publication
data.
6. Termination – provides a standard termination
clause.
7. Disputes – outlines settlement, arbitration,
and continuation of work in the face of possible disputes under the CRADA.
8. Liability – describes the government’s
and partner’s responsibilities from a liability perspective. Property,
force majeure, and indemnification are addressed within this section.
9. Miscellaneous – provides clauses for other agreement
terms not covered by other sections within the CRADA including amendments,
independent contractors, and use of names and endorsements.
Duration Of Agreement and Effective Date – provides
a date past which the CRADA will not extend unless revised and provides
signature blocks that form the basis of an effective date for the CRADA.
How can we create an Effective Statement of Work?
Be sure your SOW contains the following elements:
1. Background
2. Research Objective
3. Benefits
3.1. To Reclamation (Note: Must include acknowledgment of mission enhancement
objective.)
3.2. To Collaborator(s) (Note: Must include acknowledgment of mission
enhancement objective.)
4. Tasks and Deliverables
4.1. Reclamation Tasks and Deliverables
4.2. Collaborator(s) Tasks and Deliverables
5. Schedule
6. Estimated Value of All Contributions
7. Key Personnel and Contact Information
Optional Additions:
8. Reporting Requirements
9. Inspection and Acceptance of Deliverables