Federal Technology Transfer Act
The Federal Technology Transfer Act of 1986 (Public Law 99-502) amended the
Stevenson-Wydler Technology Innovation Act (Public Law 96-480) and made technology
transfer the responsibility of every Federal laboratory scientist and engineer and
mandated that technology transfer be considered part of employee performance evaluations.
The law requires Federal laboratories to actively seek opportunities to transfer
technology to industry, universities, and state and local governments.
In accordance with the law, technology transfer is the responsibility of science and
engineering professionals engaged in research, development, test, and engineering
activities. Wherever appropriate, technology transfer is made a part of those efforts.
The Federal Technology Transfer Act also mandated preference for U.S.-based businesses
by requiring that preference be given to industrial partners that agreed to manufacture in
the United States.
In addition, it chartered the Federal Laboratory Consortium (FLC) as an organization to
promote technology transfer. We'll discuss the FLC in detail later in this seminar.
The Federal Technology Transfer Act specified the following technology transfer
activities:
Technical assistance
The first method provided by the law for technology transfer is through technical
assistance. A request for technical assistance to solve a technically challenging problem
is usually made to a Federal laboratory by a representative of a company, university, or
state or local government.
Once the technical request is made, the scientist and engineer at the laboratory who is
best qualified to respond to the inquiry is identified. The two parties are then put in
contact. In the event the laboratory does not specialize in the technical area of inquiry,
it will be referred to another government organization that may be able to assist them.
Patent licenses
The second transfer method provided for by law is through the licensing of a patent
held by the laboratory. The licensing agreement is negotiated by a local patent office.
Cooperative Research and Development Agreements (CRADAs)
The third method provided by the Federal Technology Transfer Act is through Cooperative
Research and Development Agreements (CRADAs).
A Research and Development Agreement (RDA) may be entered into by a Federal laboratory
with partners in industry, universities, non-profit, or state or local governments to
collaborate on a research project of mutual interest.
Under a CRADA agreement, the Federal laboratory may contribute people, equipment, and
facilities to the effort. The collaborating party may contribute the same as well as money
if required.
However, CRADAs were authorized only for government-owned, government-operated (GOGO)
laboratories, excluding contractor-operated laboratories. CRADAs are discussed in detail
later in this seminar.
Educational partnerships
The fourth method provided by the law is through educational partnerships. An
educational partnership may be entered into by the government with a non-profit university
or a local education agency.
Under this arrangement, a government laboratory may loan equipment, donate surplus
laboratory equipment, make laboratory personnel available to teach or assist in the
development of programs or seminars, involve faculty and students in laboratory research
projects, help to develop a program under which students may be given academic credit for
work on laboratory research projects, and provide academic and career advice and
assistance to students.
Cooperative agreements
The fifth technology transfer method provided by the law is through cooperative
agreements. A cooperative agreement may be entered into by a Federal laboratory with
industry, universities, non-profit, and state or local government.
These agreements are used when there will be significant involvement between the
government and the recipient during performance. They are contractual arrangements in
which the government provides money and/or property to a recipient to support research in
areas of interest to Federal laboratories. Cooperative agreements are usually awarded
based on competitive bids and may require cost matching of resources.
Grants
The sixth method provided by the law is through grants. A grant my be entered into by a
Federal laboratory with educational institutions, non-profit institutions, and state or
local governments. There is no significant involvement between the government and the
recipient during performance.
Like cooperative agreements, grants are contractual arrangements in which the
government provides money and/or property to a recipient to support or stimulate research
in areas of interest to Federal laboratories. Research grants to educational institutions
are fulfilled based on competitive bids.
Only Federal laboratories can enter into these arrangements; they publish notices
concerning grant opportunities on a regular basis.
Formation of consortia and regional alliances
The formation of consortia and regional alliances are also provided for by the law. No
formal descriptions exists--they are handled on a case-by-case basis.
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