1. COLLABORATION STRATEGIES Northern Virginia Energy Innovation Forum John Emond Innovative Partnerships Program NASA Headquarters October 1, 2008

2. COOPERATIVE AGREEMENTS q Cooperative Research and Development Agreement (CRADA) q NASA SPACE ACT AGREEMENT

3. CRADA q Authority established through Federal Technology Transfer Act, 1986 to foster access by private sector to federal lab capabilities q Two types: reimbursable and non-reimbursable CRADA q Reimbursement version has less direct mission involvement by lab and more of a focus on use of lab capabilities, technical expertise, etc. by others on a reimbursement basis. q Non-reimbursement version is closer to or is a partnership where both parties are seeking to advance mutual goals and objectives, committing their own resources as part of that partnership.

4. SPACE ACT AGREEMENT q Authority established through original NASA enabling legislation, NASA Space Act of 1958 as amended q Two types: reimbursable and non-reimbursable Space Act Agreements q Reimbursement version for unique goods and services not fully utilized by NASA; as with CRADA, has less direct mission involvement by NASA field center and greater focus on use of lab capabilities, technical expertise, etc. on a reimbursement basis. q Non-reimbursement version is quid-pro-quo, closer to or is a partnership where both parties are seeking to advance mutual goals and objectives, committing their own resources as part of that partnership.

5. ELEMENTS OF A CRADA q Definitions q Cooperative Research roles and responsibilities q Reports q Financial Obligation q Title to Property q Inventions and Patents q Data and Publication q Representations and Warranties q Termination q Disputes q Liability q Miscellaneous q Duration of Agreement and Effective Date q Appendix A: Statement of Work q Appendix B: Estimate of the Parties’ Resources

6. ELEMENTS OF SPACE ACT AGREEMENT q Responsibilities of NASA and Agreement Partner q Responsibilities or performance milestones stated with clarity q Clearly defined financial commitments q Resource commitments, recognizing NASA priority use of its own resources q Allocation of risk between NASA and agreement partner q Allocation of intellectual property rights q Termination rights and obligations q Fixed expiration date

7. OTHER AREAS OF COLLABORATION q License of federal lab/center patented technology q Software Use Agreements q Enhanced Use Lease Agreement q Authority held by some agencies and labs/field centers such as NASA Ames Research Center, Kennedy Space Center q Collaborative use of underutilized real property assets q Emerging initiatives q “Auction” approach explored by NASA to bundle underutilized patents and use of a third party to auction license to those patents. q “Entrepreneur In Residence” explored by DOE to provide venture capital- sponsored entrepreneurs with access to/placement in one of three DOE labs to accelerate commercialization of renewable energy and energy efficiency technologies.

8. AREAS FOR CONSIDERATION q DEVELOP AND SUSTAIN GOOD COMMUNICATION WITH CENTERS/LABS q GIVEN EVOLVING AGENCY AND LAB/CENTER MISSIONS, PRIORITIES, ETC. q FOLLOW THE TECHNOLOGY q BENEFICIAL PARTNERSHIPS AND OTHER COLLABORATIONS HAVE TAKEN PLACE BETWEEN A FEDERAL LAB AND A COMPANY GEOGRAPHICALLY SEPARATE BUT WITH A SHARED AREA OF TECHNOLOGY INTEREST. q INTERNET HAS FOSTERED REGIONAL AND NATIONAL TECHNOLOGY COLLABORATION. q CLARITY OF OBJECTIVES, CLEAR PLAN FOR BOTH PARTIES IS ESSENTIAL q PREPARATION OF CLEARLY DEFINED STATEMENT OF WORK AND PERFORMANCE MILESTONES WILL EXPEDITE THE NEGOTIATION PROCESS q FINANCIAL CAPABILITIY AND COMMITMENT IS ESSENTIAL q AGREEMENTS MUST NOT BE RELEGATED TO A MARKETING TOOL WITH LITTLE OR NO INTENT TO COMMIT PARTNERSHIP RESOURCES

9. FLC AS RESOURCE q The Federal Lab Consortium was organized in 1974, mandated by Congress in 1986/Federal Technology Transfer Act, to foster technology transfer from federal labs to state/local governments, other agencies, and the private sector. q FLC national web site including Technology Locator: www.federallabs.org www.federallabs.org q FLC Mid-Atlantic Region web site, Region Coordinator and Deputy Region Coordinator contacts: www.flcmidatlantic.orgwww.flcmidatlantic.org

10. QUESTIONS? John Emond Innovative Partnerships Program NASA Headquarters Agency Representative to FLC Phone: 202-358-1686 E-Mail: john.l.emond@nasa.govjohn.l.emond@nasa.gov