Memorandum of Understanding Between
The National Institute of Standards and Technology
and
The University of Maryland, College Park for the development of a
Cooperative Program in Nano-Metrology and Nano-Manufacturing

This Memorandum of Understanding, effective upon the date of execution by the last party to sign (“Effective Date”), is entered into by and between the University of Maryland (“UM”), a public agency and instrumentality of the State of Maryland, located in College Park, Maryland, and the National Institute of Standards and Technology (“NIST”), an agency of the United States Department of Commerce, having a principal location of 100 Bureau Drive, Stop 1060, Gaithersburg, Maryland 20899-1060.

I. Introduction

On July 16, 2003, UM and NIST signed a Memorandum of Understanding (“Omnibus MOU”) aimed at increasing the cooperative and collaborative links between UM and NIST in order to enhance the scientific, technical, and engineering competence and breadth of the two institutions; make better use of their respective facilities; and increase opportunities for the faculty and staff of both institutions to collaborate on developing stronger programs of mutual interest and benefit.

This Memorandum of Understanding is the first agreement executed by the parties to implement the goals enunciated in the Omnibus MOU. The purpose of this MOU is to provide a general structure through which UM and NIST will expand cooperative work between their institutions in the areas of nanometrology, nanotechnology, nanomanufacturing processes and applications, nanobiotechnology, and other related initiatives and to provide long-term support for Nano-Metrology and -Manufacturing research activities capable of leading to fundamental discoveries of novel phenomena, processes, and manufacturing techniques.

II. The Cooperative Program in Nano-Metrology and -Manufacturing

A. NIST and UMCP agree to develop a Cooperative Program in Nano-Metrology and -Manufacturing. Possible areas of cooperation and development include:

1. Working cooperatively to attract distinguished national and international scientists and engineers to visiting or permanent positions at either or both institutions in areas of mutual interest;

2. Identifying research areas of mutual interest that require capital-intensive facilities or are amenable to the development and improvement of regional facilities in joint projects;

3. Developing joint projects that address and attempt to resolve issues of public concern in nanotechnology, nanometrology, nanomanufacturing processes and applications, and nanobiotechnology;

4. Encouraging NIST scientists and engineers to join units at UM on a temporary basis (one or two semesters) through the Intergovernmental Personnel Act of 1970 or other leave arrangements to participate in UM’s instructional program;

5. Encouraging joint use of equipment and supporting staff, following consultation and agreement among appropriate UM and NIST management;

6. Actively exploring the development of high quality joint research programs in Nano-Metrology and -Manufacturing;

7. Finding and sharing support for additional senior and junior faculty, research scientists and graduate and undergraduate students to perform Nano-Metrology and –Manufacturing research of mutual interest to UM and NIST.

III. Administration of the Cooperative Program

A. The Dean of the UM Clark School of Engineering and the Director of the Chemical Science and Technology Laboratory at NIST will have overall responsibility for the effective operation and implementation of the MOU.

B. NIST and UM intend to support the employment of one (1) full time person by UM to serve as coordinator of the Cooperative Program in Nano-Metrology and -Manufacturing (henceforth referred to as “Coordinator”), pursuant to a separate written agreement.

C. The “Coordinator” will be a tenured senior UM faculty member in the Department of Mechanical Engineering in the Clark School of Engineering. As Coordinator of the Cooperative Program, the Coordinator will:

1. Provide technical leadership to the collaborative work, and interact directly with NIST research staff and UM faculty;

2. Foster a culture of collaboration and strong working relationships between UM researchers and NIST research staff;

3. Assume responsibility for strengthening and developing basic research in Nano-Metrology and –Manufacturing for the collaborative work between NIST and UM;

4. Develop strong collaborative projects between and among academic, government, and industrial scientists and engineers;

5. Identify and pursue opportunities for major funding from sources external to NIST and UM; and

6. Plan and conduct an annual nanotechnology research and education review for personnel from NIST, UM, and other academic institutions in the State of Maryland, and invited guests. At least one session at the annual review will discuss the results of research conducted under the auspices of the Collaborative Program and assess the impact of the Collaborative Program on Nano-Metrology and -Manufacturing in the United States.

D. The Coordinator, in consultation with the Dean of the UM Clark School of Engineering and the Director of the Chemical Science and Technology Laboratory at NIST, will identify those academic units at UM and laboratories at NIST that have long-term interests in the future development of nanotechnology and where the potential for synergistic coupling between UM and NIST is high. Potential NIST laboratories include the Chemical Science and Technology, Electronics and Electrical Engineering, Information Technology, and Manufacturing Engineering laboratories. Potential UM units include the Departments of Mechanical, Chemical, Electrical Engineering, and Materials Science as well as programs in manufacturing engineering, reliability engineering, automation, biotechnology, atomic, molecular and optical sciences.

E. The University agrees to develop and offer advanced courses in the area of Nano-Metrology and Manufacturing and other topics related to this area, designed to provide new educational opportunities to train the nanotechnologists and entrepreneurs of the future.

1. The delivery of such courses will include provision for off-campus students, who will be able to take the courses at the remote sites offered by the University’s distance education system.

2. Technician level training and education for students from community colleges or other institutions may also be provided. This training may involve students working closely with a faculty advisor from UM and/or a NIST staff member.

F. NIST and UM understand that this Memorandum of Understanding cannot detail how each collaborative project will be implemented, administered, or funded and, as a result, NIST and UM acknowledge that they will need to enter into separate subsidiary agreements for each collaboration to address the scope of work; each Party’s contributions and obligations to the project; the administration, coordination and implementation of the project; the respective rights of each Party to own, use and license intellectual property that is developed in the course of the collaboration, and other issues mutually agreed to by the Parties. The terms and conditions of subsidiary agreements will be consistent with the Omnibus MOU.

G. Any researchers, scientists and faculty of NIST and UM may initiate discussions on collaborative projects, but only those persons authorized by NIST and UM shall have authority to execute agreements committing their participation in particular collaborative projects.

IV. Facilities and Funding

A. NIST and UM agree to encourage and facilitate the use of their facilities by one another’s employees, scientists and students.

B. The rights and privileges of UM personnel and students at NIST will be in accordance with existing rules and regulations governing visiting or guest scientists at NIST.

C. The rights and privileges of NIST personnel while at UM will be in accordance with UM policies that govern UM employees and visitors at UM.

D. NIST and UM agree that this Memorandum of Understanding does not commit either to make specific levels of financial or personnel support or to provide specific laboratory or office space for programs and that the provision of such support will be based on available resources and provided in accordance with the rules, regulations, laws, and policies under which NIST and/or UM operates.

E. The costs to develop and maintain facilities associated with the nanotechnology activity shall be borne in a manner to be mutually agreed to by NIST and UM and consistent with the practices and policies of the U.S. Government, the State of Maryland, and UM.

V. Intellectual Property

All rights, title to and interests in intellectual property that is conceived of in the course of performing research conducted under the authority of this Agreement and the rights of NIST and UM to use and license intellectual property shall be consistent with the policies and procedures described in the Omnibus MOU, as modified from time to time.

VI. Personnel

A. Each party shall be responsible for the selection and appointment of administrative and secretarial personnel, technicians and other support staff it uses in support of this MOU and all costs associated therewith unless the parties enter into a written agreement for the joint appointment and support of such personnel on an equitable cost assignment basis.

B. The Parties are and shall remain independent contractors and nothing herein shall be construed to create a partnership, agency, joint venture, or teaming agreement between the Parties. Nothing herein shall be construed as implying that either Party's employees are employees of the other.

VII. Annual Reviews

A. The Director of NIST and the President of UM, or their designee, will meet at least annually to review policy and programs related to this Memorandum of Understanding and progress in cooperation and collaboration between NIST and UM.

VIII. Liability

A. NIST liability for any injury, damage or loss to persons or property that is caused by the negligence of its own officers, employees, agents and representatives which may arise in the performance of this Memorandum of Understanding shall be governed by the Federal Tort Claims Act. UM liability for any injury, damage or loss to persons or property that is caused by the negligence of its own officers, employees, agents and representatives which may arise in the performance of this Memorandum of Understanding shall be governed by the Maryland Tort Claims Act, Md. Code Anno. [State Gov’t Art.] §§12-101 et seq.

IX. Term and Termination of this Memorandum of Understanding

A. This Memorandum of Understanding shall last for an initial period of 10 (ten) years from the Effective Date.

B. Either party is free to withdraw at any time during the initial period upon one (1) year’s prior written notice to the other party of its intention to withdraw. During that year, NIST and UM will endeavor to address and correct the concerns of the party who wishes to withdraw. If those efforts are not successful, this Memorandum of Understanding will terminate when the one (1) year notice period expires. This flexible position is recognized by both parties as necessary for a harmonious working arrangement between two institutions which are geographically separated, and which have distinct and separate individual responsibilities.

C. The termination of this Memorandum will not result in the automatic termination of a subsidiary agreement unless the subsidiary agreement expressly provides that it shall last only so long as this Memorandum is in effect.

X. Amendments

A. Amendments to this Memorandum of Understanding may be proposed, either by the undersigned or their successors, and shall become effective only if agreed to, in writing, by the undersigned or their successors.

IX. General

A. This Memorandum of Understanding is and will be available for disclosure to the general public.

B. This Memorandum of Understanding is an agreement between NIST and UM and does not create or confer any right or benefit on any other person or party, private or public.

C. A determination that any term of this Memorandum of Understanding is invalid for any reason shall not effect the validity of the remaining terms of the Memorandum of Understanding.

Agreed to:

created on 08/26/03
contact: inquiries@nist.gov

Go back to NIST News Page