Attachment 5: CRADA-CTA

COMMERCIAL TEST AGREEMENT

between

THE UNITED STATES OF AMERICA

DEPARTMENT OF THE AIR FORCE

AIR FORCE RESEARCH LABORATORY

<<DIRECTORATE>> DIRECTORATE

(AFRL/XX)

and

<<CUSTOMER>>

Article 1—Preamble
This Commercial Test Agreement (“Agreement”) is made and entered into pursuant to 10 U.S.C. § 2539b(a)(3), DoD Instruction (DoDI) 5535.11, Availability of Samples, Drawings, Information, Equipment, Materials, and Certain Services to Non-DoD Persons and Entities (12 March 2012), and Air Force Instruction (AFI) 61-301, The Domestic Technology Transfer Process and the Offices of Research and Technology Applications (30 May 2001), by and between the United States of America as represented by the Secretary of the Air Force, acting through the Air Force Research Laboratory, <<DIRECTORATE>> (“Air Force Activity”), located at Wright-Patterson Air Force Base, Ohio, and <<CUSTOMER>> (“Customer”), located at <<CUSTOMER LOCATION>>.

WITNESSETH:

WHEREAS Air Force Activity desires to make available, at a prescribed fee, certain services for the testing of materials, equipment, models, computer software or other items to Customer;

WHEREAS Air Force Activity has determined that the use of facilities contemplated under this Agreement will not degrade performance of its primary mission activities and will not divert Air Force Activity personnel or resources from scheduled tests of government material or otherwise interfere with Air Force Activity mission requirements;

WHEREAS Air Force Activity has determined this Agreement to be in the interest of national defense and that the services do not involve expansion of the capabilities and capacities of Air Force Activity, even if Customer agrees to finance the expansion; and WHEREAS Customer has established, to the satisfaction of Air Force Activity, that provisions of the services will not constitute undue competition with the private sector. Article 2—Definitions

As used in this Agreement, the following terms shall have the following meanings and such meanings shall be applicable to both the singular and plural forms of the terms:

2.1.“Test Agency Representative” means the authorized Air Force Activity representative identified at Article 13, paragraph 13.2.

2.2.“Government” means the Government of the United States of America.

2.3.“Equipment” or “Materials” means personal property, including machinery, devices and apparatus, and components of such items.

2.4.“Test Results” means information generated by or resulting from tests performed with services made available by Air Force Activity under this Agreement.