The purpose of the EMC consortium is to provide a forum for reviewing APIs to open architecture controllers, and to coordinate investigations in real-world applications that will validate them.
Members include:
N-See Software
Rock Island Arsenal
Montronix, Inc.
Delta Tau Data Systems
CIMplus, Inc.
Cybo Robots
Shaver Engineering
Cimetrix, Inc.
Georgia Tech
Membership in the EMC Consortium is governed by the Cooperative Research and Development Agreement (CRADA) shown in its entirety below. The CRADA consists of the standard NIST material, and is supplemented by an appendix detailing the statement of work.
Requests for official CRADAs intended for signing may be made to:
Carlitta Foster-Hayes
National Institute of Standards and Technology
NN 213
Gaithersburg, MD 20899-0001
E-mail: carlitta.foster@nist.gov
Voice: 301-975-5073
FAX: 301-869-2751
Cooperative Research and Development Agreement
Article 1. Definitions
1.1 The term "Consortium" means the Consortium on Enhanced Machine Controllers.
1.2 The term "cooperative research program" means the research activities described in Article 3 that are jointly undertaken by NIST, other Federal agencies, and one or more non- Federal parties that have entered into a Cooperative Research and Development Agreement with NIST for that purpose.
1.3 The term "Subject Data" means all recorded information first produced in the performance of this Agreement.
1.4 The term "Subject Invention" means any invention conceived under the Technical Program of this Agreement.
Article 2. The Consortium
2.1 Objective: To reduce the life-cycle cost of machine controllers by developing public domain open system interface standards which support component interoperability. The details of the scope of work are contained in Appendix A.
2.2 Membership Eligibility. Membership is open to North American business units, corporations, organizations, cooperatives, state and local governments, academic institutions, and federal agencies. Organizations that sign this document are considered Members of the Consortium.
2.3 Consortium Project Manager. The manager of the Consortium project will be the Group Leader, Control Systems Group, of the NIST Intelligent Systems Division. He is permitted to designate another NIST staff member to replace him as a manager. The Project Manager will harmonize the views of the Consortium Steering Committee (CSC) and NIST in planning the ongoing R&D program and will follow the recommendations of the Consortium Steering Committee as long as they are consistent with overall objectives of the Consortium, NIST program objectives, and government regulations. The governance of the Consortium shall be in accordance with the CRADA signed by each member. The Project Manager shall be responsible for scheduling and announcing all Consortium meetings in the Federal Register.
2.4 Consortium Steering Committee. A Consortium Steering Committee, chaired by the Consortium Project Manager, shall meet periodically to review the research and specification work undertaken by the Consortium and related administrative matters. Each Member of the Consortium will appoint one of its employees to the Steering Committee. The Steering Committee members shall also be acceptable to NIST.
2.5 Meetings of the Steering Committee. Meetings of the Steering Committee shall be held at the call of the Consortium Manager, and a quorum shall be achieved if fifty percent of the members of the Steering Committee are present. In any meeting where a quorum is present, a majority vote shall be the action of the entire Steering Committee for all actions. Each Steering Committee member has one vote. It is currently anticipated that the Steering Committee will meet approximately every twelve (12) months. Member may send more than one representative to meetings of the Steering Committee, but each Member will still have only one vote.
Article 3. Program Description
3.1 Cooperative Research. Work performed under this Agreement shall be performed in accordance with the Program Description attached hereto as Appendix A. Any modification to this initial description shall be at the discretion of the Consortium Project Manager.
3.2 Term. The Program described shall be conducted during the period commencing on or about May 1, 1996 and ending on or about May 1, 1999.
Article 4. Financial Obligation
4.1 Signatories of the Consortium Agreement are under no financial obligation under the terms of this agreement for payments to NIST for operating costs of the Consortium.
Article 5. Intellectual Property, Data and Publication
5.1 Intellectual Property Created Outside of This Agreement. All patents, copyrights, or other intellectual property owned or created by any Member outside of this agreement shall remain the property of that Member, and that ownership shall not be affected in any way by the Member's participation in this agreement.
5.2 Intellectual Property Considerations in Implementation Agreements. The Consortium hereby adopts the ANSI Patent Policy as stated in Procedures for the Development and Coordination of American National Standards, copyright 1993, and the related ANSI copyright policy, and agrees to adhere to any future amendments to that Policy formally adopted by ANSI.
5.3 Subject Data. All research results and Subject Inventions under this agreement, including subject data and implementation agreements, will be available in the public domain and shall not be copyrighted or patented, and NIST has the right to use such data for any government purpose.
5.4 Publication. NIST may publish the results of the research work associated with this project. Employees of Members may be cited as coauthors when appropriate. In no event, however, shall the name of Member or any of its trademarks and tradenames be used in any publications without its prior written consent.
Article 6. National Cooperative Research Act
6.1 National Cooperative Research Act Filing. Any Member may, if it wishes, make a filing under and in accordance with the National Cooperative Research Act that describes the work performed under this agreement.
Article 7. Termination
7.1 Termination. Each party, including NIST, shall have the right to terminate this Agreement upon 30 day's notice in writing to the other parties.
7.2 Obligations of Parties. Except for those obligations which expressly survive the termination of this Agreement pursuant to its terms the terminating party shall be relieved of all further obligations to the Consortium, NIST, and all other Members, upon the effective date of termination.
Article 8. Disputes
8.1 Settlement. Any dispute arising under this Agreement shall be resolved by the decision of the Laboratory Director of the NIST Manufacturing Engineering Laboratory.
8.2 Recourse. If the decision of the Laboratory Director is not satisfactory to the involved parties, those parties may immediately terminate their participation in this agreement.
Article 9. Liability
9.1 Property. The U.S. Government shall not be responsible for damages to any property of the Collaborator provided to NIST or acquired by NIST pursuant to this Agreement.
9.2 Indemnification.
9.2.1 Conduct of Employees. Collaborator's Project Team assigned to this SoW are not employees of NIST. The Collaborator shall indemnify and hold harmless the U.S. Government for any loss, claim, damage, or liability of any kind involving the Collaborator's Project Team arising in connection with this Agreement, except to the extent that such loss, claim, damage or liability arises from the negligence of NIST or its employees. NIST shall be solely responsible for the payment of all claims for the loss of property, personal injury or death, or otherwise arising out of any negligent act or omission of its employees in connection with the performance of work under this Agreement. NIST's responsibility for the payment of claims for the loss of property, personal injury or death, or otherwise arising out of any negligent act or omission of its employees in connection with the performance of work under this Agreement shall be governed by the Federal Tort Claims Act.
9.2.2 Collaborator's Use of Research. The Collaborator shall indemnify and hold harmless the U.S. Government for any loss, claim, damage, or liability of any kind arising out of the use by the Collaborator, or any party acting on its behalf or under its authorization, of NIST's research and technical developments or out of any use, sale or other disposition by the Collaborator or others acting on its behalf or with its authorization, of products made by the use of NIST's technical developments.
9.3 Force Majeure. Neither party shall be liable for any unforeseeable event beyond its reasonable control not caused by the fault or negligence of such party, which causes such party to be unable to perform its obligations under this Agreement (and which it has been unable to overcome by the exercise of due diligence), including, but not limited to, flood, drought, earthquake, storm, fire, pestilence, lightning and other natural catastrophes, epidemic, war, riot, civic disturbance or disobedience, strikes, labor dispute, or failure, threat of failure, or sabotage of the NIST facilities, or any order or injunction made by a court or public agency. In the event of the occurrence of such a force majeure event, the party unable to perform shall promptly notify the other party. It shall further use its best efforts to resume performance as quickly as possible and shall suspend performance only for such period of time as is necessary as a result of the force majeure event.
9.4 NO WARRANTY. THE PARTIES MAKE NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITIONS OF THE RESEARCH OR ANY INVENTION OR PRODUCT, WHETHER TANGIBLE OR INTANGIBLE, MADE OR DEVELOPED UNDER THIS AGREEMENT, OR THE OWNERSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE RESEARCH OR ANY INVENTION OR PRODUCT.
Article 10. Miscellaneous
10.1 No Benefits. No member of, or delegate to the United States Congress, or resident commissioner, shall be admitted to any share or part of this Agreement, nor to any benefit that may arise therefrom; but this provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit.
10.2 Governing Law. The construction validity, performance and effect of this Agreement for all purposes shall be governed by the laws applicable to the Government of the United States.
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any prior understanding or written or oral agreement relative to said matter.
10.4 Headings. Titles and headings of the Sections and Subsections of this Agreement are for the convenience of references only and do not form a part of this Agreement and shall in no way affect the interpretation thereof.
10.5 Amendments. If NIST or a Member requests a modification in this Agreement, the other Members shall, upon reasonable notice of the proposed modification by the party desiring the change, confer in good faith to determine the desirability of such modification. Such modification shall not be effective until two-thirds (2/3) of all the parties actively participating in this agreement, as defined in Article 7.3, who signed this agreement, as of the date of the amendment, have executed such amendment.
10.6 Assignment. Neither this Agreement nor any rights or obligations of any party hereunder shall be assigned or otherwise transferred without the prior written consent of the other parties except that a Member may assign this Agreement to the successors or assignees of a substantial portion of a Member's business interests to which this Agreement directly pertains.
10.7 Notices. All notices pertaining to or required by this Agreement shall be in writing and shall be directed to the signatories.
10.8 Independent Contractors. The relationship of the parties to this Agreement is that of independent contractors and not as agents of each other or as joint venturers or partners. NIST shall maintain sole and exclusive control over its personnel and operations.
10.9 Use of Name or Endorsements. (a) Members shall not use the name of NIST or the Department of Commerce on any product or service which is directly or indirectly related to either this Agreement or any patent license or assignment agreement which implements this Agreement without the prior approval of NIST. (b) By entering into this Agreement NIST does not directly or indirectly endorse any product or service provided, or to be provided, by the Members, their successors, assignees, or licensees. Members shall not in any way imply that this Agreement is an endorsement of any such product or service.
Article 11. Duration of Agreement and Effective Date
11.1 Duration of Agreement. It is mutually recognized that the development program cannot be rigidly defined in advance, and that the contemplated time periods for completion of each phase are good faith guidelines subject to adjustment by mutual agreement, to fit circumstances as the development program proceeds. In no case will this Agreement extend beyond December 31, 1999, unless it is renewed earlier by mutual agreement of the parties. The provisions of Articles 5, 9, and 10.9 shall survive the termination of this Agreement.
11.2 Effective Date. This Agreement shall enter into force as of the date of the first signature of the parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as follows:
For Collaborator: _______________________________________ __________________
date
_______________________________________
Title
_______________________________________
Organization
Mailing Address for Notices:
________________________________
________________________________
________________________________
________________________________
For NIST: _______________________________________ _________________
DEPUTY CHIEF COUNSEL date
_______________________________________ _________________
OU DIRECTOR date
_______________________________________ _________________
IPP, CHIEF date
Mailing Addresses for Notices:
National Institute of Standards and Technology
Attention: Chief, Industrial Partnerships Program
Building 820, Room 213
Gaithersburg, MD 20899
APPENDIX A
THE RESEARCH PLAN
1. Collaboration Project Title: Enhanced Machine Tool Controller Consortium
2. Collaborator Eligibility. In order to assure compliance with section 2 of the Federal Technology Transfer Act of 1986 (15 U.S.C. 3710a), the Collaborator must provide the following information to NIST (please check the appropriate box):
[ ] Collaborator certifies that it is not subject to the control of any foreign company or government, and agrees to notify NIST within thirty day should it become subject to the control of a foreign company or government at any time during this agreement; or
[ ] Collaborator acknowledges that it is subject to the control of the following foreign company or government (if a company, please specify nationality):
____________________________________________
Company Name, Country/Government
Collaborator certifies to NIST that it is incorporated under the laws of one of the states or territories of the United States; and that it has a manufacturing presence in the United States; and that the foreign government listed above permits United States agencies, organizations, or other persons to enter into cooperative agreements and licensing agreements.
3. NIST' Principal Investigator (include mailing address and telephone number):
Fred Proctor
National Institute of Standards and Technology
Building 220, Room B127
Gaithersburg, MD 20899
Phone: 301-975-3452
4. Collaborator's Principal Investigator (or Principal Contact, include telephone number and mailing address):
______________________________
______________________________
______________________________
______________________________
______________________________
5. The Research Project: See Attached Sheets.
APPENDIX A
DESCRIPTION OF THE TECHNICAL PROGRAM
The controller is a critical component for most modern machine tools and other automated production equipment because it has a major influence on the capabilities and operating performance of such equipment. Unfortunately, most commercial controllers are based on proprietary designs, the details of which are not available to equipment designers and users. Thus, it is difficult for users or equipment manufacturers to modify the controls to improve performance or add new features in response to changing production requirements or new control technologies. Furthermore, the industrial control market has become increasingly dominated by foreign suppliers during the past decade.
There are many benefits from an open architecture controller. Implementations may be based on widely available computing platforms and would be much lower in cost. It would also enable machine builders, users and systems integrators to cost effectively customize their equipment in order to increase performance. Training and maintenance costs would be reduced. A modular, open architecture controller of this type would also make retrofits a more practical alternative for many machine tools. This approach to machine control would also help create a market for controller subsystem entrepreneurs and would improve the competitiveness of the U.S. machine tool industry as well as the efficiency of DoD operations.
The Consortium will focus on the development and testing of draft interface standards for high priority applications based on an assessment of industry needs and the Consortium's ability to satisfy those needs. The initial focus will be on a controller targeted for the retrofit community for basic machining operations such as turning and milling. Fast track development of interface standards will be encouraged in those cases where solutions are relatively easy to identify and implement. The Consortium will also work closely with other related efforts, such as NIST's Sensor Interface Standards Consortium, the Next Generation Inspection System, NCMS Next Generation Controller, Air Force Title III contractors, the DoE TEAM Intelligent Closed-Loop Controller Project, and similar efforts to develop open architecture controllers and sensor interfaces.
The Consortium will be structured with NIST having the role of a facilitator and coordinator of the group. However, the basic direction, strategy, scope, objectives and key tasks of the Consortium, as well as the allocation of tasks among Consortium members will be established through consensus of those members. Each Consortium member is expected to actively participate in the execution of tasks, as agreed upon by member consensus. There are three roles which the Consortium members play. The first is to help define the machine specifications and requirements for the controllers being built at NIST. The second role is in assessing progress in the project, helping NIST to focus on those issues which are important to the Consortium. The third is to participate in technical development, if desired. Aside from the NIST and beta site implementations, it is crucial that the open architecture interfaces are well understood. The Consortium members will play a significant role to ensure that the approach is adequately documented so that it will be useful to industry. Ultimately, NIST would like to see the controller modules commercially available through a network of third party software and hardware developers, so that interoperability of machine tool controller components will be realized.
The focus of the project will be toward high-priority machine tool applications for which standard interfaces can be quickly developed and draft standards written. Once the interfaces and functionality are identified, the engineering of the interfaces will proceed. This will be limited to a set of interfaces that are applicable to high priority machining applications as identified by the Consortium. The interface engineering will be followed by a series of tests to determine the performance of these prototype interfaces. Once the interfaces have been tested, a draft standard will be written and released. The cycle may then be repeated as necessary to develop, test and document other high priority interface standards.
Specific technical development projects that may occur as part of this program will be covered by separate CRADAs. The following is a list of the Consortium's key tasks organized by year:
YEAR 1
· Develop high level requirements and specifications for an EMC for machine tools, with baseline functionality.
· Advise on the choice of at least two beta sites to rigorously test the controller in a production environment.
· Participate in technology development of selected components of the controller.
· Review documents, e.g., interface specifications, as necessary.
· Participate in EMC project reviews.
YEAR 2
· Review progress on controller development.
· Develop high level requirements and specifications for an EMC for machine tools, with the addition of a sensor-based enhancement.
· Advise on the choice of at least two beta sites to rigorously test the controller in a production environment.
· Participate in technology development of selected components of the controller.
· Review documents, e.g., interface specifications, as necessary.
· Participate in EMC project reviews.
YEAR 3
· Review progress on controller development.
· Review documents, e.g., interface specifications, as necessary.
· Participate in EMC project reviews.