Subcontract, Grant, Cooperative Agreement
A subcontract is an acquisition instrument entered into between the government and a contractor for the contractor to provide supplies or services to the government.
- Can be used to fund R&D that may be transferred to the private sector.
- Allocation of patent rights determined by the type of contractor performing the work
- Large businesses may frequently obtain a waiver on inventions where waiver criteria satisfied
- Nonprofit organizations/small businesses may obtain title to inventions under PL 96-517.
- Reference Part 14 & 15 of the Procurement Policies and Procedures (doc, pdf)
Co-funded and Cost-Shared Subcontract
A subcontract entered into between the government and a non-federal party in which costs associated with the work are shared as specified in the subcontract
- Includes in-cash or in-kind arrangements
- Must be of mutual benefit to industry and government
- Commercially valuable data may be protected for a limited period of time
- Advance waivers are frequently granted where the subcontractor agrees to cost share part of the total subcontract cost
Grand and Cooperative Agreement (Assistance Instruments)
- Grants and cooperative agreements are entered into solely by the government with a recipient whereby money or property is transferred to the recipient to support or stimulate research
- Only the government can enter into these agreements; laboratories cannot
- Less involvement between the government and recipients than acquisition instruments