The Department of Energy (DOE) requires that all non-government users of DOE User Facilities
have a signed User Facility Agreement between the institution of the researcher using the facility
and the DOE laboratory operating the facility.
The DOE has designed three categories of User
Facility Agreements:
Nonproprietary agreements are to be used when the results of the activity are intended to be
published and made available to the general public. Proprietary agreements are to be used when
the information received from the research will not be available to the general public. Umbrella
agreements can have a time duration of up to 5 years. These agreements cover liability,
intellectual property, and financial issues (access templates from the links on our website). DOE
has worked out agreements and any changes to these agreements will involve negotiation
between DOE and the Institution, which may delay the process.
What is a User Facility Agreement?
The User Facility Agreement (UFA) is a contractual agreement between the Laboratory and
external parties designed to permit outside users, including scientists and engineers from
industry, universities and other governmental agencies, to conduct research using the
Laboratory's unique experimental research equipment and facilities.
Only one user agreement is required between a visiting organization and the laboratory. Several
efforts by several people from the same institution can be covered with one agreement.
How does a User Facility Agreement work?
The visiting partner directs the activity that occurs in the Laboratory facility within the framework
of the agreement, with Laboratory staff oversight. Typical requests for user-facility access are for
fabrication, calibration, testing and evaluation of products and processes. Laboratory staff should
keep in mind the following points when entering into a UFA:
- Activity must be conducted on a non-interference basis with Department of Energy
mission-related work.
- Users develop the statement-of-work describing the work they wish to perform.
- Generated information may be protected.
- Users retain rights in intellectual property that is generated, although IP is not anticipated.
- Agreements are typically one year or less, with the actual facility use defined in days or
weeks.
- Proprietary Users pay all costs associated with using the facility for the tasks defined in
the statement of work.
- Agreements can be put in place in two to four weeks if standard agreement language is
accepted and all necessary information is received.
Keys to ensure UFA success:
Regular communication with the partner is essential for successful agreements.
Work will not begin until the partner's funding is received and a program code has been set up.
The statement of work may contain company proprietary (OUO) information, which must not be
disclosed.
