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U.S. Department of Energy Energy Efficiency and Renewable Energy

Action Steps for Work For Others (WFO) Agreements

An outline of the steps to follow when laboratories undertake work for industry sponsors.

Step National Laboratory Both Industry Sponsor
1   Researchers discuss ideas, identify mutual interest, draft scope of work  
2 Determine contract considerations   Identify corporate support
3 Complete appropriate project information forms (PIFs) for DOE review/approval; draft WFO agreement Draft Statement of Work w/milestones, etc.  
4 Submit PIFs to DOE Operations Office; send draft WFO agreement to sponsor   Review WFO Agreement
5 Operations Office approval of PIF Review of WFO terms and conditions and complete negotiations  
6 Develop and distribute final WFO agreement Review final WFO agreement  
7 Obtain Laboratory, DOE Operations, and sponsor approval as required    
8   Execute WFO agreement  

Keys to Successful Implementations

  • Laboratory and industry principal investigators responsible for the technical effort communicate early.
  • Laboratory and industry technology transfer staff responsible for coordinating overall activity communicate early.
  • All parties agree on funding levels and sources before starting the WFO process.
  • The "time of negotiations" depends on several important factors: (1) normally, no U.S. competitiveness clause; (2) normally, intellectual property rights go to the sponsor; otherwise, national laboratory retains intellectual property rights; (3) If sponsor is subcontracting federal funds to the national laboratory, then normally industry does not obtain intellectual property rights.
  • Other considerations: (1) product, general and intellectual property indemnification, (2) advance payment (only waived for states with constitutional prohibition), (3) national laboratory cannot accept another federal or state agency "flow-down" terms when industry sponsor is using public funds, (4) national laboratory cannot compete with private sector (sponsor attests), (5) FAR does not apply since the national laboratory is doing a third-party agreement.

Source: Adapted from material prepared by Oak Ridge National Laboratory