For many federal agencies/installations, CRADA is the only way to get money
into the agency.  Many of them do not have standard WFO agreements, and
their attorneys may not want to create one from whole cloth.   You need to
look carefully at the individual agency's boilerplate CRADA, and modify its
language or add clauses to ensure that you can supervise/control the
job.  I haven't experienced using a CRADA when the funding flows directly
from your prime to the subbing federal unit, but I see no reason not to use
it.  But make it VERY clear how the $ flows, who is responsible, and how
that affects performance.

I have used CRADAs, and find significant variability between
agencies/installations as to the language.  I have also found that getting
changes to the agency's standard language, changes you need to protect
yourself and to ensure that you do not get stuck between your prime and
your sub, can take inordinate time for review by your sub's
attorneys.  Don't let that problem get you into a bind with your prime
regarding timely completion.

A CRADA is a little like a cooperative agreement, in that you have to
protect yourself with your prime against failure caused by your federal sub.

Chuck

At 11:09 AM 10/7/2004, you wrote:
>Dear Colleagues:
>
>Although we have had many awards from various national labs, we have
>just recently had a couple of occasions where we are the prime awardee
>and a national lab is the subcontractor or collaborator.  When a
>national lab was our actual subcontractor, we "negotiated" a DOE Works
>for Others (WFO) agreement.
>
>Now that we are the prime awardee and a national lab is a collaborator
>which received its money directly from DOE for the project, we are being
>told by the lab that we must enter into a CRADA with them to cover their
>work under this project.  Our prime award from DOE says that we are
>responsible for the work done by the collaborator, the national lab.
>
>Have you been in this situation?  If so, have you been able to
>negotiate some kind of agreement other than a WFO or CRADA?  If you
>ended up with a CRADA, were you successful in negotiating the terms of
>this agreement?
>
>Any input will be appreciated.
>
>Steve Etheredge
>
>
>
>R. Steven Etheredge
>Director, Pre-Award Services
>Sponsored Awards Management
>University of South Carolina
>(803) 777-4457
>(803) 777-4136 fax
>xxxxxx@gwm.sc.edu
>
>
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Herbert "Chuck" Chermside, CRA
1915 Robindale Rd.
Richmond, VA 23235-3931
804-320-5502
xxxxxx@verizon.net

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