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Agreements

Types of Agreements

 

Assistance-Type Cooperative Agreements (ATCA)

Principal purpose is to transfer a thing of value to the recipient to stimulate or carry out a public purpose and substantial involvement is anticipated between the agency and the recipient.

    • Requires competition (there are exemptions)
    • Awarded under the authority of 7 U.S.C.3318(c)

 

CRADA

This is the most formal agreement available for cooperative research. It is authorized by the Federal Technology Transfer Act of 1986. Two aspects of a CRADA make it unique. First, it gives the cooperator the right to negotiate an exclusive license in at least one field of use to any ARS solely owned invention(s) or jointly-owned invention(s) conceived or reduced to practice under the scope of work of the CRADA. Second, it permits ARS, at its option, to keep information developed under the CRADA confidential for up to five (5) years if such information would have been proprietary had it been generated solely by the cooperator.

ARS is required to keep confidential, indefinitely, any proprietary information given to ARS directly by the Cooperator, unless the information becomes publicly available from a source other than ARS. CRADAs are appropriate vehicles for: a) Transfer and/or further development of ARS technology, b) Research combining ARS's and a Cooperator's intellectual property or technology, and c) Discovery and development of new and/or improved products and or services.

 

Grants

Principal purpose is to transfer a thing of value (money, property, services, etc.) to the recipient to stimulate or carry out a public purpose with no substantial involvement anticipated between the agency and the recipient.

    • Requires competition
    • Awarded under the authority of 7 U.S.C.3318(c)
    • ARS is not a grant making agency; No Pass-Thru (develop in-house research programs)
  • Pre-Award Requirements
    • Approved 416/417, 550a (Research Projects only)
    • Accounting Information
    • Budget Form ARS-455
    • Project Proposal
    • Statement of substantial involvement (ATCAs)

Agreements with Other Federal Agencies (Interagency Agreements)

ARS can enter into a reimbursable agreement with another agency of the U. S. Department of Agriculture or an agency of another Department of the Federal government to provide services, supplies, and equipment requested by the ordering/requisitioning agency. The legal authority for entering into this type of agreement is normally 31 USC 1535, as amended by Public Law 97-332. This statute is commonly referred to as 'The Economy Act'. When the ordering agency has broader authority, e.g. multi-year spending authority, it overrides the fund availability time limits in The Economy Act and becomes the operative authority for both parties.

 

Master Memorandum of Understanding (MMOU)

An agreement between ARS and another party that establishes the intent to cooperate. The MMOU outlines the general principles of cooperation, describes mutual interest and benefit in broad language. No specific duties and responsibilities are defined and no resources are exchanged by either party.

Memorandum of Understanding (MOU)

An agreement between ARS and another party that sets out, in very broad, general terms, a plan for the parties to coordinate their efforts on projects of mutual interest.

    • Non-binding agreement
    • No specific research project is described
    • No specific duties and responsibilities are defined. Only general terms which identify how the parties intend to cooperate are described.
    • There is no commitment of resources by ARS and there is no transfer of funding from one party to the other.
    • Requires Programmatic Authority

Non-funded Cooperative Agreement (NFCA)

An agreement between ARS and another party(s) that describes in detail a jointly planned and executed project of mutual interest. All parties contribute resources and benefit independently in the outcome of the project.

    • It is expected that ARS will commit resources, e.g., salaries, travel expenses, materials and supplies, etc., sufficient to support ARS' performance of the project.
    • There is no direct transfer of funding from ARS to the other party.
    • Awarded under the authority of 7 USC 3318(b)
  • Pre-Award Requirements
    • Program Management Approval
    • Approved 416/417, 550a (up to the budget information)
    • Statement of Work (SOW)

Reimbursable Cooperative Agreements (RCA)

Agreement between ARS and a Sponsoring Organization that involves cooperative research of mutual interest between both parties where the Sponsor pays when billed by ARS for costs incurred in performance of project. Awarded under the authority of 7 USC 3318(b).

  • Pre-Award Requirements
    • Approved 425
    • Approved 416/417 ($25,000 and over)
    • SOW

Research Support Agreement (RSA)

Agreement between the Agency and State Cooperative Institutions or other colleges and universities, for the acquisition of goods or services, including personal services, to carry out agricultural research, extension, or teaching activities of mutual interest.

    • Awarded under the authority of 7 USC 3319(a)
    • 4 year limitation on full time recurring requirements
    • 10% cap on IDC
  • Pre-Award Requirements (RSA Task Order)
    • Approved 550a
    • Accounting Information describing:
      • Type of good/service required
      • Position requirements (duties, qualifications, hours needed, and hourly wage)
      • Performance Dates
      • Accounting Code(s)

Specific Cooperative Agreements (SCA)

An agreement between the Agency and another party that describes in detail a jointly planned and executed research program or project of mutual interest between the parties where both parties contribute resources. Awarded under the authority of 7 USC 3318(b).

  • Pre-Award Requirements
    • Approved 416/417, 550a
    • Accounting Information
    • Budget Form ARS-454
    • Statement Of Work (SOW)

Standard Cooperative Agreement (StCA)

A special purpose agreement between ARS and another party that defines a mutually beneficial relationship relative to the use of land, labor, equipment, facilities, livestock, or other resources.

    • There is no direct transfer of funding from one party to the other.
    • The agreement provides that the cooperator shall be compensated for losses suffered due to damage to the property of the owner which is used by ARS employees.
    • Awarded under the authority of 7 USC 3318(b)
    • LAO/T may sign this type of agreement – See your Area ADO

Trust Fund Cooperative Agreements (TFCA)

Agreement between ARS and a Sponsoring Organization that involves cooperative research of mutual interest between both parties where ARS is paid in advance of performance. Awarded under the authority of 7 USC 3318(b).

  • Pre-Award Requirements
    • Approved 425
    • Approved 416/417 ($25,000 and over)
    • SOW

 

Last updated: 03/20/2007