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Technology Partnerships Office

Agreement Authorities

Transactional

Sub Type	Purpose	Parties	Authority
Non-disclosure (NDA)	Used to exchange confidential information	Used between NIST and universities, state/local governments, Federal labs, non-profits, companies	15 USC §272 (b)(4), as amended by the America Competes Act 2022
Material Transfer (MTA)	For the transfer/ internal use of research materials	Used between NIST and universities, state/local governments, Federal labs, and non-profits	15 USC §272 (b)(4), as amended by the America Competes Act 2022
Patent Non-disclosure	For the exchange of confidential unpublished patent	Used between NIST and external collaborators or parties with prospective licensing interest	15 USC §272 (b)(4), as amended by the America Competes Act 2022

Co-development

Sub Type	Purpose	Parties	Authority
Research Collaboration (RCA)	Permits a two-way exchange of materials and information and assumes exchange of results / conclusions will occur Combines terms of a CDA and MTA Simplified research plan No funding from the outside party allowed No license options	Used between NIST and universities, state/local governments, Federal labs, non-profits, companies	15 USC §272 (b)(4), as amended by the America Competes Act 2022
Cooperative Research and Development (CRADA)	Permits co-development of NIST or outside invention or fundamental research project USG may receive may receive funds or in-kind contributions USG may provide confidentiality of research results for up to 5 years Collaborator may receive exclusive option to license any USG inventions that arise Collaborator may receive access to Federal lab, resources, and expertise	Used between NIST and universities, state/local governments, Federal labs, non-profits, companies	15 USC §3710a The FTTA permits the Agencies to enter into CRADAs
Memorandum of Understanding (MOU)	Permits co-development of fundamental research research, under a non-binding agreement	Used between NIST and a State Agency or public university	15 USC §272 (b)(4), as amended by the America Competes Act 2022 1 USC 112b; 22 CFR Part 181; and (Case-Zablocki Act of 1972)
Equipment Loan CRADA (E-CRADA)	For the transfer (loan) and internal use of research instruments and equipment (excluding materials) Provider waives any exclusive license option	Used by NIST to receive from universities, state/local governments, non-profits, companies	15 USC §3710a 15 USC §272 (b)(4), as amended by the America Competes Act 2022

Created December 12, 2023