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Other Research Agreements
Agreements with no funding
IU’s Office of Research Administration reviews, negotiates, and signs many types of agreements related to research and service. Some examples are listed below. If you receive one of these agreements or become aware that one may be needed, please contact the Office of Research Administration for assistance.
A Data Use Agreement is a contractual agreement governing the sharing of data between parties when that use is subject to restrictions. The purpose of a DUA is to protect confidentiality but permit appropriate publication and sharing of research results in accordance with university policies, applicable laws and regulations, and federal requirements. You may consider requesting a DUA when you are dealing with data that requires protection, and the restrictions on the data are not addressed in another agreement (such as a funding agreement).
To initiate drafting or review of a Data Use, Data Sharing or Data Transfer Agreement, you, as the principal investigator, or your department administrator must send an email containing the following items to firstname.lastname@example.org:
- A completed Data Transfer/Use Request form (Accessible 02/18/19)
- Draft of agreement if provided by data provider/collaborator
- If sharing data that was generated/collected under a sponsored project/external collaboration, include a copy of the associated award/agreement. If a copy of the document is not available, provide enough information on the request form so it can be easily located (e.g. KC Award, IPID or account number).
- If sharing data that was generated by another IU employee or received under contract from a third party, include documentation showing that you are allowed to share the data.
- Any other relevant information
An Equipment Loan and Transfer Agreement is used when equipment is to be loaned by the university to another organization or by another organization to the university. This agreement ensures that the loaned equipment is clearly defined, appropriately protected and tracked, and will be returned under the right circumstances. You will need to request an Equipment Loan and Transfer Agreement if you need to borrow equipment from or loan equipment to another institution.
A Facility Use Agreement is a contract between institutions that grants one institution access to the other institution’s facilities such as laboratories and research equipment. You need to request a Facility Use Agreement if you want to use non-IU facilities or equipment, or an outside entity wants to use IU facilities or equipment associated with your work.
A Master Agreement is a contractual agreement in which the parties agree to most of the terms that will govern future transactions or future agreements between them. Because the master agreement has established terms and conditions between parties, ensuing transactions or agreements can be negotiated quickly and address only specifics of individual portions of the work. You may want a Master Agreement if you are beginning a project that will have multiple components requiring terms tailored for separate portions of the work (such as scope of work and associated budget, payment, milestones or deliverables, and staffing), but that will have one funding source and can be based on common generic terms and conditions (such as issues relating to publication, intellectual property, confidentiality, export control, use of institutions' names and logos, material transfer, indemnification, contract termination, and governing law).
A Material Transfer Agreement governs the transfer of tangible research materials between two organizations, when the recipient institution intends to use the material for its own research purposes. The MTA defines the rights of the provider and the recipient with respect to the materials and any derivatives. This agreement includes common issues such as allowable uses, transfer of rights, intellectual property rights, confidentiality, and liability. You need to request an MTA if you need to receive material from another institution to use in your research; to track these materials and the compliance with the individual terms and conditions on their use; or to protect the intellectual property interests of both the recipient and provider of the materials.
A Non-Disclosure Agreement ensures that information shared between parties is kept confidential and is used only for the limited purposes defined in the NDA. These types of agreements are useful when parties need to include confidential information in initial discussions that are held to determine the potential for a future relationship. You will need an NDA if your work requires sharing confidential information between IU and another institution.
To initiate drafting or review of a Non-Disclosure/Confidentiality Agreement, you, as the principal investigator, or your department administrator must send an email containing the following items to email@example.com:
- A completed Non-Disclosure/Confidentiality Agreement Request form (Accessible 02/18/19)
- Draft of agreement if provided by information provider/collaborator
- If related to an existing Sponsored Project, include a copy of the associated award/agreement. If a copy of the document is not available, provide enough information on the request form so it can be easily located (e.g. KC Award, IPID or account number).
- Any other relevant information
A Teaming Agreement is a contractual agreement between the university and one or more organizations that are joining together to propose a new cooperative research program to a prime sponsor—often a federal or foreign government agency—in response to a competitive request for proposal. Teaming Agreements establish the lead institution on the proposal as the recipient of any resulting funding. That organization will generally issue a subcontract to the other institution for its share of the proposed research. You will need a Teaming Agreement if you are working with another institution on a proposal whether IU is the lead or supporting institution.
An Unfunded Research Agreement determines the terms and conditions and commitment of resources for a collaboration among organizations working together on research. No funding is exchanged between organizations under this type of agreement. You may want an Unfunded Research Agreement if you are committing or expecting from another institution a commitment of time, equipment use, or other institutional resources to a project. Some examples are Cooperative Research and Development Agreements, Consortium Agreements, and Memorandums of Understanding.
A Cooperative Research and Development Agreement is a contractual agreement between the federal government and another entity. A CRADA is put in place when the federal government transfers something of value to the university and there is substantial interaction regarding the work performed under the agreement between the federal government and the university. If you are collaborating with the federal government, the government may issue a CRADA to IU.
A Consortium Agreement is a contract that enables multiple parties (usually non-federal organizations) to participate together in research and to share the outcomes of the research. Consortium Agreements provide for the sharing of obligations, rights, and benefits among all consortium members.
A Memorandum of Understanding is a non-binding memorandum between two parties that intend to cooperate in a mutual endeavor. MOUs outline the type of relationship that will be created, the objectives for the relationship, and the actions that each party plans to take to bring about the shared objectives. The planned activity may or may not come to fruition as described in the MOU, but there is no penalty for failure.