Model: Educational Partnership Agreements

Background:
Educational partnerships are a formal agreement between a federal agency and an educational institution to encourage and enhance study in scientific disciplines at all levels of education.

Authority:
Title 10 United States Code Section 2194 authorizes educational partnerships. The following are excerpts from the authorizing law:

Title 10 United States Code Section 2194 Education Partnerships

(a) The Secretary of Defense shall authorize the director of each defense laboratory to enter into one or more education partnership agreements with educational institutions in the United States for the purpose of encouraging and enhancing study in scientific disciplines at all levels of education. The educational institutions referred to in the preceding sentence are local educational agency, colleges, universities, and any other nonprofit institutions that are dedicated to improving science, mathematics, and engineering education.

(b) Under a partnership agreement entered into with an educational institution under this section, the director of a defense laboratory may provide assistance to the educational institution by -

(1) loaning defense laboratory equipment to the institution;

(2) transferring to the institution defense laboratory equipment determined by the director to be surplus;

(3) making laboratory personnel available to teach science courses or to assist in the development of science courses and materials for the institution;

(4) involving faculty and students of the institution in defense laboratory research projects;

(5) cooperating with the institution in developing a program under which students may be given academic credit for work on defense laboratory research projects; and

(6) providing academic and career advice and assistance to students of the institution.

(c) The Secretary of Defense shall ensure that the director of each defense laboratory shall give a priority under this section to entering into an education partnership agreement with one or more historically Black colleges and universities and other minority institutions referred to in paragraphs (3), (4), and (5) of section 312 (b) [1] of the Higher Education Act of 1965 (20 U.S.C. 1058(b)).

Note: REFERENCES IN TEXT: Paragraphs (3), (4), and (5) of section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058(b)), referred to in subsection (c), were repealed by Pub. L. 102-325, title III, Sec. 302(a)(3), July 23, 1992,

(d) The Secretary of Defense shall ensure that, in entering into education partnership agreements under this section, the director of a defense laboratory gives a priority to providing assistance to educational institutions serving women, members of minority groups, and other groups of individuals who traditionally are involved in the engineering and science professions in disproportionately low numbers.

(e) In this section, the term ''local educational agency'' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). s

20 U.S.C. 8801 definition of "Local Educational Agency":

Local educational agency as defined in 20 U.S.C. 8801 paragraph (18):

(A) The term ''local educational agency'' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools.

(B) The term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(C) The term includes an elementary or secondary school funded by the Bureau of Indian Affairs but only to the extent that such inclusion makes such school eligible for programs for which specific eligibility is not provided to such school in another provision of law and such school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this chapter with the smallest student population, except that such school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs.

DMEA educational partnerships procedures:

a. DMEA will advise their partnership intermediary (PI) of excess laboratory equipment available and any other interests they have in contributing to educational partnerships support.

b. DMEA's PI will prepare letters of information to area electrical/electronic engineering degree programs and technician training programs telling them about educational partnership opportunities with DMEA. The letter will ask interested parties to contact the DMEA's PI for further information.

c. DMEA's PI will meet with, review, prioritize and match educational needs with available DMEA resources. DMEA's PI will recommend to DMEA the best opportunities for educational partnerships. Based on DMEA's authority to proceed, and the assignment of a DMEA point of contact, DMEA's PI will prepare the draft educational partnership agreement for coordination and signature.

d. Once both parties have approved the educational partnership agreement, excess laboratory equipment may be transferred as appropriate to the educational institution. DMEA's point of contact will prepare the equipment transfer list (attachment 2). The educational institution's designated receiving officer will sign for the equipment on the bottom of the equipment listing at pick-up. The original listing will be returned to DMEA/MEOS for custody tracking and a copy will be provided to the educational institution's designated receiving officer. Transporting of the equipment and installation is the responsibility of the educational institution. DMEA may provide some equipment training as appropriate.

Attachments
1. Model Educational Partnership
2. Model Surplus Equipment Listing

EDUCATION PARTNERSHIP (<Number>)
BETWEEN
DEFENSE MICROELECTRONICS ACTIVITY
and
<EDUCATIONAL INSTITUTION>
I. Preamble

The United States of America as represented by the Defense Microelectronics Activity, (DMEA), 4234 54th Street, Bldg. 618, McClellan AFB, CA 95652-1521, and <EDUCATIONAL INSTITUTION>, <ADDRESS OF INSTITUTION>, (hereinafter referred to as “the Parties”) hereby enter into this Education Partnership Agreement (hereinafter referred to as the “Agreement”) pursuant to Title 10 United States Code Section 2194. The terms and conditions of this Agreement are set forth as follows.

II. Introduction

The Parties enter into this Agreement for the purpose of encouraging and enhancing study in scientific and engineering disciplines in the region, specifically as it relates to electronics and related fields.

<EDUCATIONAL INSTITUTION> is <PROVIDE BRIEF DESCRIPTION OF THE PARTICIPATING INSTITUTION.>

<EDUCATIONAL INSTITUTION> <is/is not> a Historically Black College/University <or/nor> Minority Institution.

<EDUCATIONAL INSTITUTION> <is/is not> an educational institution serving women, members of minority groups, and other groups of individuals who traditionally are involved in the engineering and science professions in disproportionately low numbers.

III. Objective

<STATE THE OBJECTIVE OF THE AGREEMENT. BE SPECIFIC. OBJECTIVE NEEDS TO RELATE TO ONE OR MORE OF THE ACTIVITIES ALLOWED IN THE AUTHORITY.>

IV. Authority

Pursuant to the Education Partnership Act, Title 10 United States Code 2194, for the purpose of encouraging and enhancing science, mathematics, and engineering education at all levels of education. DMEA is authorized to:

a. Loan defense laboratory equipment to <EDUCATIONAL INSTITUTION>.

b. Transfer to <EDUCATIONAL INSTITUTION> defense laboratory equipment determined by the director to be surplus.

c. Make laboratory personnel available to teach science courses or to assist in the development of science courses and materials for <EDUCATIONAL INSTITUTION>.

d. Involve faculty and students in defense laboratory research projects, if desired.

e. Cooperate with <EDUCATIONAL INSTITUTION> in developing a program under which students may be given academic credit for work on defense laboratory research projects.

f. Provide academic and career advice and assistance to <EDUCATIONAL INSTITUTION> students.

Note that not all of the above-authorized activities may be exercised in every educational partnership agreement. Specific activities to be conducted under this agreement are defined in section VI "Specific Obligations".

V. Patents and Copyrights

Due to the nature of work performed, it is not expected that any patentable or copyrightable material will be developed under this agreement. In the event patentable material is developed under this Agreement, each Party shall separately own any invention made solely by its respective employees under this Agreement. Inventions made jointly by DMEA and <EDUCATIONAL INSTITUTION> will be jointly owned by the both Parties. Licensing of intellectual property, if any, will be set out in separate agreements. In the event copyrightable material is developed under this Agreement, <EDUCATIONAL INSTITUTION> shall own the copyright in all works created in whole or in part by <EDUCATIONAL INSTITUTION> and grants in advance to the United States Government a license conveying the right to use, duplicate or disclose such works in any manner, and to have or permit others to do so, for government purposes only.

VI. Specific Obligations

a. The <EDUCATIONAL INSTITUTION> shall:

(1) Be responsible for all <EDUCATIONAL INSTITUTION> faculty, student, and other employee salaries or other compensations and benefits as necessary under this Agreement.

(2) <DOCUMENT SPECIFIC OBLIGATIONS OF THE INSTITUTION. INCLUDE STUDENT PARTICIPATION WHERE APPROPRIATE. INCLUDE RESPONSIBILITIES RELATED TO TECHNICAL EFFORT, LOGISTICS, SAFETY, AND SECURITY.>

(3) For example, the <EDUCATIONAL INSTITUTION> agrees not to sell, donate, or transfer equipment donated by DMEA for a period of 3 years. In addition the <EDUCATIONAL INSTITUTION> agrees to install the equipment within six months of the equipment receipt of custody. All transportation, installation, and equipment modification is the responsibility of <EDUCATIONAL INSTITUTION>.

(4) For example, the <EDUCATIONAL INSTITUTION> shall make any equipment donated by DMEA available for use by qualified DMEA engineers/technicians for unforeseen needs that may arise during the period of this agreement. In such cases, DMEA shall be responsible for cost of consumable items used.

b. DMEA shall:

(1) Be responsible for all DMEA employee salaries or other compensations and benefits as necessary under this Agreement.

(2)…(n) <DOCUMENT SPECIFIC OBLIGATIONS OF DMEA. DO NOT PROMISE THINGS THAT WE CANNOT DELIVER NOR THINGS THAT ARE OUTSIDE THE AUTHORITY.>

c. Subject to Article IX (Liabilities) and Article XII (Risk of Loss) below, neither Party shall be obligated to compensate the other Party for costs incurred by the other Party in carrying out activities defined by this partnership.

d. Each of the Parties shall direct its own activities pursuant to this partnership. No Party shall have authority to direct the other’s activities.

e. The parties agree to confer and consult with each other prior to publication or other public disclosure of the results of work under this Agreement. Prior to submitting a manuscript for publication or before any other public disclosure, each party will offer the other party ample opportunity to review such proposed publication or disclosure, to submit objections, and to file applications for patents in a timely manner.

f. Any public announcement of this partnership shall be coordinated among the Parties to include the DMEA/MEO. The <EDUCATIONAL INSTITUTION> shall not use the name of DMEA or Government on any product or service that is directly or indirectly related either to this partnership or any assignment that implements this partnership agreement without prior written approval of DMEA/ME. Similarly, DMEA shall not use the name of the <EDUCATIONAL INSTITUTION> on any product or service that is directly or indirectly related to this partnership without prior written approval of the <EDUCATIONAL INSTITUTION>. By entering into this partnership, neither Party directly or indirectly endorses any product or service provided, or to be provided, by the other Party. Neither Party shall in any way imply that this partnership is an endorsement of any such product or service.

g. Generally, only United States citizens are eligible to be participating faculty or students under this Agreement. Exceptions will be determined by DMEA/MEO on a case-by-case basis.

h.<EDUCATIONAL INSTITUTION> faculty and students participating under this Agreement will not be required to obtain security clearances. Research project completion will not require access to classified materials. However, work on certain projects may require <EDUCATIONAL INSTITUTION> faculty and student access to proprietary information in the possession of DMEA or information for which export is restricted by the Arms Control Act (Title 22 United States Code Section 2571 et seq.) or the Export Administration Act (Title 50 United States Code Section 2401 et seq.) or the International Traffic in Arms Regulation (22 C.F.R. 120-25) is militarily-critical technology, or otherwise protected from disclosure by statute, executive order, or regulation. In such cases, to obtain access to this information, faculty members and students must comply with the requirements for disclosure contained in the statutes, executive orders, or regulations, including signing nondisclosure agreements before a disclosure of such information may be made by DMEA.

i. The Parties’ obligation under this Agreement is contingent upon and subject to availability of funds.

VII. Value of Contributions

a. <EDUCATIONAL INSTITUTION> estimates the value of its contributions to this agreement to be:

(1) Personnel (Teachers, Staff, Students, Support Personnel) $XXXXX.XX
(2) Facilities $XXXXX.XX
(3) Supplies and equipment $XXXXX.XX
(4) Other $XXXXX.XX

TOTAL $XXXXX.XX

b. DMEA estimates the value of its contributions to this agreement to be:

(5) Labor (Scientists, Engineers, Support Personnel) $XXXXX.XX
(6) Facilities $XXXXX.XX
(7) Supplies and equipment $XXXXX.XX
(8) Other $XXXXX.XX

TOTAL $XXXXX.XX

VIII. Benefits

a. The benefits to the <EDUCATIONAL INSTITUTION>, its students and the State of California include:

(1)…(n) <THESE STATEMENTS NEED TO COME FROM THE EDUCATIONAL INSTITUTION. WHAT PERCEIVED VALUE/BENEFIT TO THEM, THEIR STUDENTS, AND/OR THEIR STATE DOES THIS AGREEMENT PROVIDE? THE PERCEIVED BENEFITS CAN BE BOTH SHORT-TERM AND LONG-TERM.>

b. The benefits to DMEA and the DoD include:

(1) Promoting the education of future scientists and engineers.

(2) Good will.

(3)…(n) <SPECIFY HOW THE DMEA, AND/OR THE DoD WILL BENEFIT FROM THIS AGREEMENT, PARTICULARLY AS IT PERTAINS TO THE MISSION OF THE LABORATORY AND ITS CUSTOMERS.>

IX. Partnership Administration

The administration of this Agreement and the coordination of specific program activities will be the joint responsibility of the designated program managers from DMEA and the <EDUCATIONAL INSTITUTION>.

<TECHNICAL POINT OF CONTACT>, DMEA, will serve as the partnership Program Manager on behalf of DMEA. She will work with the program manager for <EDUCATIONAL INSTITUTION> to identify, select, and prioritize the activities in which the Parties engage pursuant to this Agreement and will ensure that program activities meet the statutory and regulatory requirements of the Federal Government and the Department of Defense.

<EDUCATIONAL INSTITUTION POC, POSITION> will serve as the partnership program manager on behalf of the <EDUCATIONAL INSTITUTION>. He will work with the program manager for DMEA to identify, select, and prioritize activities in which the Parties engage pursuant to this Agreement, and will ensure that program activities meet the statutory and regulatory requirements of the <EDUCATIONAL INSTITUTION>.

Loan or donation of all equipment from DMEA to <EDUCATIONAL INSTITUTION> shall be documented on an Equipment Loan or Donation Form and appended to this Agreement.

X. Liabilities

As between the Parties, each Party acknowledges that it will be responsible for claims or damages arising from personal injury or damage to persons or property to the extent they result from negligence of its employees, agents, instructors, or students.

The procedural remedy for claims or damages against DMEA is prescribed by the Federal Tort Claims Act, 28 U.S.C. Chapter 171. These procedures require the filing of an administrative claim as a prerequisite to any further action.

XI. Force Majeure

Neither Party shall be liable for any unforeseeable event beyond its reasonable control not caused by the fault or negligence of such Party, which causes such Party to be unable to perform its obligations under this Agreement (and which it has been unable to overcome by the exercise of due diligence), including, but not limited to, flood, drought, earthquake, storm, fire, pestilence, lightning and other natural catastrophes, epidemic, war, riot, civic disturbance or disobedience, strikes, labor disputes, or failure, threat of failure, or sabotage, or any order or injunction made by a court or public agency. In the event of the occurrence of such a force majeure event, the Party unable to perform shall promptly notify the other Party. It shall further use its best efforts to resume performance as quickly as possible and shall suspend performance only for such period of time as is necessary as a result of the force majeure event.

XII. Deliverables

<REQUIRED DELIVERABLES ARE TO BE NEGOTIATED BETWEEN THE TWO PARTNERS AND DOCUMENTED HERE. NOTE, ALL DONATION EQUIPMENT SHALL REQUIRE A REPORT DOCUMENTING THAT SUCH EQUIPMENT HAS BEEN USED TO ENHANCE STUDENT LEARNING EXPERIENCES AND/OR ASPIRATIONS.>

XIII. Risk of Loss

The <EDUCATIONAL INSTITUTION> shall return all government-owned equipment loaned under this Agreement to DMEA in good working order, normal wear and tear excepted, at the end of the time period(s) for loan or 30 days prior to end of this agreement, which ever comes first. While in the care or possession of the <EDUCATIONAL INSTITUTION>, the equipment shall be covered by the <EDUCATIONAL INSTITUTION> insurance program. Any modifications or repairs to the government-owned equipment that the <EDUCATIONAL INSTITUTION> may find necessary to make shall be performed only after receiving written approval of the DMEA/ME. Any such repair or modification shall be at the expense of the <EDUCATIONAL INSTITUTION> and shall not affect the title of DMEA to said hardware and software.

XIV. No Benefits

No member of, or delegate to the United States Congress, or resident commissioner, shall be admitted to any share or part of this Agreement, nor to any benefit that may arise therefrom; but this provision shall not be construed to extend to this Agreement if with a corporation for its general benefit.

XV. Period of Agreement

The term of this Agreement is for a period of 24 months, commencing on the date of the last signature affixed below. Any Party may terminate this Agreement earlier upon delivery of written notice at least <thirty (30) days in advance. Termination of this Agreement by any Party for any reason shall not affect the rights and obligation of the Parties accrued prior to the effective date of termination of this Agreement. If any Party requests modification of this Agreement, including extension of this Agreement, the Parties shall, upon reasonable notice of the proposed modification by the Party desiring the change, confer in good faith to determine the feasibility of such modification. Modifications shall not be effective until a written amendment is signed by duly authorized representatives of the Parties. If DMEA terminates this Agreement, it shall not be liable for any costs resulting from or related to the termination, including but not limited to, consequential damages or any other costs experienced by third parties including participating school, or their students.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed in duplicate.

<EDUCATIONAL INSTITUTION> DMEA

By: By:
(Signature) (Signature)

Name: Name:

Title: Title:

Date: Date:

INTERNAL COORDINATION SHEET

DMEA OPR:____________________________________ _________
(Signature) (Date)

DMEA ORTA:____________________________________ _________
(Signature) (Date)

SM-ALC/JAQ:____________________________________ _________
(Signature) (Date)

To learn more about how you can partner with our organization, email Bill Vanden Bosch at bill@TheFTC.org.