I. Purpose 

Memorandum of 

Understanding Between 

U.S. Department of Energy 

And 

U.S. Department of Commerce 

Concerning Cooperation in a Strategic Partnership to 

Enhance the Diffusion of Energy Technology and 

Advanced Manufacturing Techniques, and Foster 

U.S. Economic Growth 

The purpose of this Memorandum of Understanding (MOU) is to identify a 

framework for cooperation and partnership between the Department of 

Energy (DOE) and the Department of Commerce (DOC), hereinafter also 

referred to each as a Party or collectively as the Parties. This partnership will 

strengthen the coordination of and amplify existing efforts dedicated to 

advancing the Administration's goal of accelerating the commercialization 

of Federally funded research and development (R&D), enhancing the 

diffusion of energy technology and advanced manufacturing technologies, 

and fostering economic growth. This MOU is intended as an umbrella 

agreement under which particular activities related to: 1) the promotion of 

and support of domestic business; 2) the understanding and dissemination of 

knowledge about the economic opportunities afforded by innovation and 

energy technologies; and 3) the expansion of international trade in energy 

technologies, can be furthered. 

II. Legal Authority 

DOE enters into this MOU under the authority of section 646 of the 

Department of Energy Organization Act (Pub. L. 95-91, as amended; 42 

U.S.C. § 7256). DOC enters into this MOU under the authority of the NIST 

Act, as amended (15 U.S.C. § 271 et seq.), 15 U.S.C. § 278k, and 15 U.S.C. 

§ 3710(g). 

II. Background 

The Federal government invests over $130 bill ion on research and development 

each year, conducted at universities, Federal laboratories, and companies; this 
work has yielded extraordinary long-term economic benefits through the 

creation of new knowledge and ultimately new industries. Federally funded 

R&D nurtured a wide range of life-changing commercial technologies - · from 

the Internet, to the Global Positioning System (GPS), to leading-edge vaccines. 

Federally funded R&D has historically led to dramatic economic growth, and 

there is significant potential to increase the public's return on this investment in 

terms of innovation, job creation, societal impact, competitiveness, and 

economic prosperity. 

The DOC has a broad mission to assist U.S. industry in matters of trade and 

civilian technology. The civilian technology mission includes both development 

and deployment aspects, which are best represented by the National Institute of 

Standards and Technology (NIST). The technology development function is 

represented by NIST's Laboratories, User Facilities and Standards Services 

(data, materials, and calibrations). The technology deployment function is 

represented by NIST's Hollings Manufacturing Extension Partnership (MEP). 

The MEP is a nationwide network of extension Centers whose goal is to help 

manufacturers - particularly smaller firms - become aware of the benefits of 

applying advanced technology to their businesses, learning how to choose and 

apply technologies and advanced manufacturing practices that are best suited to 

their needs, and implementing technology- and manufacturing-practice-related 

decisions on the factory floor. The MEP Centers assist companies by providing 

on-site consultations and other services to manufacturers. Where appropriate 

and necessary, the M.EP Centers locate and link to resources in the private 

sector, academia, and Federal laboratories that can address specific technology 

needs of those manufacturers in a timely manner. 

The DOE maintains the largest laboratory system of its kind in the world, 

comprised of a wide variety of unique facilities, sophisticated scientific 

instrumentation, and world-class expertise in such areas as advanced materials, 

high-performance computing, advanced manufacturing, energy and 

environmental technologies, and diagnostics and instrumentation. The core 

competencies of the DOE and its laboratories, facilities and sites, hereinafter 

referred to as DOE laboratories, provide the basis for the DOE's statutory 

mission assignments in national security, energy research and development, 

environmental clean-up, and fundamental research. This substantial national 

resource of technology, technology assistance, and technology deployment 

activities is authorized and directed by the Stevenson-Wydler Technology 

Innovation Act, the Energy Policy Act of 2005, and other statutes and 

Presidential guidance such as the 2011 Presidential Memorandum --

Accelerating Technology Transfer and Commercialization of Federal Research 

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in Support of High-Growth Businesses 1

• 

The Parties share many common goals and objectives in relation to technology 

deployment. The statutory mandates of the two agencies have resulted in 

complementary capabilities which provide important opportunities for 

collaboration, particularly among DOE laboratories and the MEP in concert 

with NIST's Laboratories, facilities and services, to ensure that products and 

services that result from any collaboration meet appropriate standards. Close 

collaboration between DOC and DOE will enhance the effectiveness of 

programs in both agencies and maximize the benefits of these programs to both 

the public and private sectors. 

IV. Framework and Objectives 

Specific objectives covered under this MOU include, but are not limited to: 

1. Accelerating the commercialization of Federally funded R&D; 

ii. Expanding international trade in products and services based on new 

technology and specifically energy technology; 

iii. Leveraging synergies of mission to encourage adoption of advanced 

manufacturing techniques; 

1v. Enhancing knowledge of, and access to, the technical expertise resident in 

the DOE labs by U.S. industry; 

v. Supporting the domestic clean energy industry with business and market 

acumen; 

vi. Increasing the understanding and dissemination of knowledge about the 

economic opportunities afforded by innovative technology developed in 

any sector; and 

vu. Engaging in collaborative outreach with small manufacturers to solve 

technical engineering problems around advanced manufacturing 

technologies, product realization, materials research, and performance 

analysis. 

A formalized partnership between the Parties will amplify existing efforts and 

advance the Administration's goal of accelerating the commercialization of 

Federally funded R&D in areas including, but not limited to, energy technology 

diffusion, advanced manufacturing promotion, and economic growth. 

1 h ttps ://www. whitehou se .gov /the-press-office/2011/10/28/ presidentia I ·memorandum-acceleratingtechnology· tr ans fer-and-commerciali 

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DOC and DOE intend by this MOU to set the strategic direction of enhanced 

partnership between the agencies to develop and conduct cooperative activities 

relating to high priority strategic needs, where such cooperation contributes to 

the efficiency, productivity, and overall success of both agencies. 

A key purpose of this MOU is to facilitate timely and effective 

collaborations between DOE laboratories and individual MEP Centers for 

meeting the needs of smaller manufacturers, and to learn to use the service 

delivery system of the MEP network as a major outlet for DOE 

technologies to reach smaller manufacturers. Major areas of initial 

emphasis will include pollution prevention, waste minimization, energy 

efficiency and access to those DOE core competencies available to assist 

smaller manufacturers and other partners identified through MEP Center 

referrals. This MOU provides a framework for the Parties to collaborate on 

joint activities that build on their complementary capabilities. This MOU 

expressly does not cover or concern any interactions between the DOC, the 

MEP Centers, and those DOE Institutes which are a part of the National 

Network for Manufacturing Innovation. The intent of this MOU is to 

ensure that collaborative programmatic efforts efficiently draw upon the 

expertise of each Party and to avoid redundancies among these two Federal 

departments. 

The Parties acknowledge the significant positive collaboration that already 

exists between DOE and DOC and intend through this MOU to strengthen 

and broaden that cooperation. 

V. Roles and Responsibilities of the Parties 

The DOC and DOE intend to carry out the following roles and responsibilities 

in pursuance of this MOU: 

i. Supplemental interagency agreements (IAAs) or other appropriate 

agreements between DOC and DOE may be developed pursuant to this 

MOU to define specific undertakings. Such agreements may provide for 

the shared use of facilities and personnel under cooperative projects, 

subject to the laws and regulations pertaining to the respective agencies. 

This MOU will be referenced, as appropriate, in supplemental agreements 

or amendments prepared to document details of cooperative efforts carried 

out by the Parties. 

ii. Cooperation will be needed in planning and conducting joint outreach and 

other technology transfer activities, including partner feedback, 

performance measurement, and process improvement workshops, that 

contribute to the combined effectiveness of the two agencies as related to 

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this MOU. 

iii. The agencies will encourage and facilitate partnering agreements between 

the various MEP Centers and various DOE laboratories. Such agreements 

may be established at the independent discretion of the MEP Centers and 

DOE laboratories to set out the basic terms and conditions of the 

collaboration. 

iv. Each Party to this MOU will provide to the other for review and 

concurrence within 5 business days, prior to any public release, any 

proposed outreach materials, press releases, journal articles and conference 

papers, or other public affairs information where such materials or 

information is to be made available as a direct result of this collaborative 

effort. In the event of disagreement, the POCs shall negotiate an acceptable 

resolution or decide not to release. 

v. Each Party will seek to ensure sufficient funding to carry out projects that 

are mutually agreed upon under this MOU. 

vi. The Parties will develop a joint action plan that establishes clearly stated 

strategies and objectives for the collaborative activities. Performance 

measures for evaluating the effectiveness of this collaboration between the 

two organizations will be identified, utilized, and reviewed at least 

annually. 

Each Party to this MOU intends to carry out its responsibilities through the 

organizations identified as follows: 

DOE: Through the Offices listed below, DOE intends to make available 

appropriate personnel, facilities and information about various technologies, 

especially with respect to clean energy manufacturing, at each of the 

laboratories, participating at their discretion, for which the Office is 

responsible or to which it provides funding. 

1. Under Secretary for Science and Energy 

ii. Under Secretary for Management 

111. Under Secretary for Nuclear Security 

DOC: Through NIST, DOC intends to encourage MEP Centers participating 

at their discretion to make available appropriate personnel, facilities and 

information about various technologies, especially with respect to clean 

energy technologies and/or energy efficiency as they relate to manufacturing. 

In direct pursuit of the goals set forth in "Section I. Purpose," the Parties intend 

to facilitate and encourage effective collaborations between DOE laboratories 

and the MEP Centers with support from the NIST Labs and other units, as 

appropriate: 

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1. To support the DOC/NIST MEP Program by providing laboratory 

equipment or manufacturing process resources and/or technical 

expertise to the MEP Centers or their clients for performance, review, 

or consultation .in areas of mutual interest, subject to program priorities 

and budgetary constraints. 

ii. To support the transfer of technical information from DoE laboratories 

to MEP Centers, participating in their sole discretion, - through 

databases, information systems, clearinghouses, conferences, 

technology showcases and other means -.. on research, development and 

demonstration projects and technology transfer opportunities and 

activities in language understood by small manufacturers. 

m. To assist the DOC/NIST 'NIBP Centers, participating in their sole 

discretion, in the selection and assessment of technology transfer 

projects and to support approved technology assistance efforts. Detailed 

responsibilities will be more specifically identified in agreements 

prepared to document specific technology identification, deployment, 

and transfer activities. 

iv. To regard DOC/NIST MEP Centers, participating in their sole 

discretion, as a key outreach mechanism for delivering DOE 

technologies to small and medium~sized manufacturers. 

v. To review and implement, where permitted by law, policies and 

procedures at DOE laboratories aimed at easing financial burdens on 

smaller manufacturers or other partners as appropriate. Existing policies 

and practices which have been identified as barriers to participation of 

smaller manufacturers who are clients of the MEP Centers include: 

requirements for advanced payments, added factor, depreciation, full 

cost recovery in the case where the costs incurred in performing the 

work substantially exceed the estimated price to the company prior to 

commencement of the project, the significant time periods associated 

with legal and regulatory paperwork in preparing for a project, and time 

delays in execution of the work compared to that estimated prior to 

commencement of the project.2 

v1. To provide DOE and its laboratories with a high quality, technology 

service delivery system capable of reaching the greatest practical 

number of the Nation's small and medium-sized manufacturers, and 

with information on the technology needs of those companies. It is 

understood that MEP Centers, in referring such companies for 

assistance, wilJ exercise their own sound judgment, taking into account 

the needs of their small and medium-sized manufacturing clients. 

2 Matthew Stepp, Sean Pool, Nick Loris, and Jack Spencer, Turning the Page: Reimagining the National 

Labs In the 21st Century Innovation Economy, The Information Technology and Innovation f oundation, 

Center for American Progress and the Heritage Foundation, June 201.3. 

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V. Implementation 

DOC and DOE intend by this MOU to set the strategic direction of enhanced 

partnership between the agencies in order to develop and conduct cooperative 

activities relating to high priority strategic needs, where such cooperation 

contributes to the efficiency, productivity, and overall success of both agencies. 

The DO E's Principal Point of Contact (POC) for this agreement is the Director 

of the Advanced Manufacturing Office (AMO) or his/her designee. The NIST 

Principal POC is the Director of the MEP Program or his/her designee. 

Contact information for the DOE and NIST MEP is provided below. 

DOE: 

1000 Independence A venue SW 

Washington, DC 20585 

202-586-9488 

DOC: 

I 00 Bureau Drive 

Gaithersburg, MD 20899-4800 

301-975-5020 

Subject to legal and fiscal limitations, each Party plans to engage relevant 

programs, offices, and other entities within their agency to provide or coordinate 

resources or activities; support development of appropriate tools or training; and 

make staff available or otherwise provide employee support for collaboration. 

Both Parties expressly acknowledge that the activities under this MOU shall be 

subject to the availability of agency resources in conjunction with agency 

programmatic requirements and priorities. 

For DOE, the Deputy Secretary, and for DOC, the Deputy Secretary, shall 

ultimately be responsible for the oversight of this MOU within their respective 

agencies. For DOC, the NIST MEP Director shall facilitate implementation of 

the MEP activities and consultations with NIST's laboratories and other DOC 

operating units, as appropriate, under this MOU and ensure that issues cutting . 

across organizational Jines in either agency are resolved expeditiously. The 

DOE POC shall also ensure that issues cutting across organizational lines in 

either agency are resolved expeditiously. 

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The NIST MEP Director or his/her designee, and the Director of the Advanced 

Manufacturing Office or his/her designee, shall be POCs to coordinate 

technology deployment, development of outreach activities, facility access, 

information exchange, and other areas of mutual interest. NIST MEP intends to 

provide leadership and expertise from its MEP Program staff to facilitate 

coordination with its nationwide network of 'MEP Centers, participating at their 

discretion, to support the activities of the DOE Laboratories under this MOU. 

As indicated in Section I of this MOU, opportunities may be identified that may 

benefit from collaborative efforts in specific focus areas between NIST r..1EP 

Centers and individual DOE Laboratories. To help guide these potential 

collaborations, NIST MEP and DOE intend to jointly develop documents that 

will provide guidance to facilitate the formation, operation, and management of 

these collaborations. 

VI.Funding 

Each Party intends to coordinate its funding and resource decisions when 

practical to maximize the benefits of cooperation under this MOU. Any 

transfer of funds or sharing of resources between the Parties will be 

pursuant to a separate agreement. 

VII. General 

Work under this MOU will be jointly planned and monitored by the DOC 

and DOE. The Parties intend to develop metrics and annual targets related to 

the Parties' goals, and to work collaboratively to seek continuous 

improvement and enhanced performance over time. 

This MOU is strictly for internal management purposes for each of the 

Parties. It is not legally enforceable and shall not be construed to create any 

legal obligation on the part of either Party. This MOU shall not be 

construed to provide a private right or cause of action for or by any person 

or entity. 

This MOU in no way restricts either of the Parties from particjpating in any 

activity with other public or private agencies, organizations, or individuals. 

All agreements herein are subject to, and will be carried out in compliance 

with, all applicable Federal laws, regulations, and other legal 

requirements. 

This MOU is neither a fiscal nor a funds obligation document. Nothing 

in this MOU authorizes or is intended to obligate the Parties to expend, 

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exchange, or reimburse funds, services, or supplies, or transfer or 

receive anything of value. This MOU may be terminated by mutual 

written agreement of the Parties, or by either Party upon 30 days written 

notice to the other Party. 

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VIII. Contacts/Designated Representatives 

Carroll A. Thomas, Director 

Hollings Manufacturing Extension Partnership 

National Institute of Standards and Technology 

U.S. Department of Commerce 

carroll.thomas@nist.gov 

301-975-4676 

Mark A. Johnson, Director 

Advanced Manufacturing Office 

Office of Energy Ef11ciency and Renewable Energy 

U.S. Department of Energy 

Mark.A.Johnson@ee.doe.tz.ov 

202-586-04 l 6 

IX. Duration of Agreement 

This MOU is effective on the date of the final signature and will remain in effect 

for a period of five years. This MOU may be modified at any time by written 

agreement of the Parties. Nothing in this MOU shall be interpreted to limit or 

otherwise affect any authorities, powers, rights, or privileges accorded to DOC 

or DOE or any of the officers, employees, or organizational units under any 

statute, rule, regulation, contract, or agreement. 

ty Secretary of Energy 

De I,~ k- ~ 

De y etary of Commerce 

/~ 

Date APR 1 9 2016 

l