Agreement Type

Description

Collaboration Agreements

Collaboration agreements involving individuals employed by more than one organization may develop informally at the beginning stage of proposal preparation, or they may be required by a funding agency as part of a proposal. If the collaboration is between GCU and an employee of a commercial firm, intellectual property rights must be addressed and the agreement must be reviewed by OCG prior to formalization.  If the collaboration is between a GCU investigator and a non-GCU, non-commercial investigator, a letter of intent is considered a best practice.

Letter of Intent/Letter of Commitment
  

The Letter of Intent is the basis for any subaward or collaboration agreement with another institution in the event of an award or the sponsor's approval to issue to a subaward.  The letter is a promise from one institution to another that, in the event of an award, the institutions will cooperate as outlined in the letter.  The letter ensures that both GCU and the proposed subawardee or collaborating institution clearly understand the proposed effort, costs, and sponsor requirements.  
This letter is typically prepared by the collaborating organization's grants and contracts office. The letter must be signed by the collaborating organization's authorized representative and addressed to the Executive Director of ORSP.
Some sponsors require that a copy of the Letter of Intent be included in the application. Other sponsors trust that GCU has the Letter of Intent in hand for each subcontractor or collaborator named in the proposal. GCU therefore requires a signed Letter of Intent before the proposal can be submitted to the sponsor, whether or not the sponsor requires a copy. Contact GCU for assistance in securing the appropriate documentation from the proposed collaborating institution or subawardee.
 At a minimum, the Letter of Intent includes the following:

1. the signature of a person appropriately authorized to make commitments and assurances on behalf of the prospective subrecipient.
2. a clear statement of work, including the names of key personnel.
3. a detailed budget including start and end dates.
4. explicit assurance that the appropriate programmatic and administrative personnel of the prospective subrecipient are aware of the sponsor's grant policies and are prepared to establish the necessary inter-organizational agreement(s) consistent with those policies.
5. a clear statement that the prospective subrecipient is or is not subject to the requirements of OMB A-133.  If the subrecipient is subject to OMB A-133, assurance that it is compliant with the requirements of OMB A-133.          Subrecipients not subject to OMB A-133 may be subject to further assessment and monitoring as provided in this policy.

The letter of intent should include a statement agreeing to collaborate, the identification of the scientists responsible for the respective activities, and a sentence or two describing what each collaborator will contribute.

Materials Transfer Agreement (MTA)/Biological Materials Transfer Agreement (BMTA)
  

A Material Transfer Agreement is a contract that governs the transfer of tangible research materials between two organizations. They specify the rights, obligations, and restrictions of both the providing party and the receiving party with respect to such things as ownership, publication, intellectual property, and permitted use and liability.  The three most common types of MTAS for academic institutions are: transfer between academic or research institutions, transfer from academia to industry, and transfer from industry to academia.  Each requires different terms and conditions.
 At GCU, the Office of Contracts and Grants reviews and approves these agreements.

Memorandum of Understanding

A Memorandum of Understanding (MOU) is a contract between two or more parties planning to create a research or educational partnership. The MOU outlines the type of relationship that will be created, the objective for the relationship, and the responsibilities of each party. The MOU is not a legally binding agreement and therefore should not address formal plans for compensation, confidentiality, or intellectual property and licensing rights. These types of agreements can sometimes be a requirement of a grant proposal submission or grant award. The planned activity may or may not come to fruition as described in the MOU, however there is no penalty for failure.

Non-Disclosure Agreement/Confidentiality Agreement
  

A Non-Disclosure Agreement (NDA), also called a confidential disclosure agreement (CDA) or a proprietary information agreement (PIA), is a legal contract between at least two parties that outlines confidential materials or knowledge the parties wish to share with one another for certain purposes but wish to restrict from generalized use. NDAs can be “mutual”, meaning both parties are planning to exchange confidential information with the other, or they can be “one-way”, meaning that only one party will be disclosing confidential information.
Valuable intellectual property rights may be forfeited if key research information about a potential GCU invention is disclosed prematurely. Prior to meeting with others to discuss collaboration on particular research topics, or to discuss the commercial aspects of GCU inventions, GCU faculty and staff should contact the OCG to put an NDA in place.

Non-Disclosure Agreement/Confidentiality Agreement
  

A Non-Disclosure Agreement (NDA), also called a confidential disclosure agreement (CDA) or a proprietary information agreement (PIA), is a legal contract between at least two parties that outlines confidential materials or knowledge the parties wish to share with one another for certain purposes but wish to restrict from generalized use. NDAs can be “mutual”, meaning both parties are planning to exchange confidential information with the other, or they can be “one-way”, meaning that only one party will be disclosing confidential information.
Valuable intellectual property rights may be forfeited if key research information about a potential GCU invention is disclosed prematurely. Prior to meeting with others to discuss collaboration on particular research topics, or to discuss the commercial aspects of GCU inventions, GCU faculty and staff should contact the OCG to put an NDA in place.
At GCU, NDAs must be submitted to the Office of Contracts and Grants for review and signature.

Sponsored Research Agreement

A Sponsored Research Agreement (SRA) is entered into when an outside institution, typically industry, provides funding to GCU to support a specific research project with an expectation of receiving defined deliverables. Projects should not be undertaken unless a carefully defined research proposal, including a budget, has been submitted to OCG and a funding agreement has been negotiated and signed by the authorized representatives of both parties.
 OCG negotiates the terms of the SRA, ensuring compliance with GCU policies. SRAs terms typically govern the following:

• Scope of Work and project Budget
• Reporting or deliverable requirements
• Payment terms and invoicing schedules
• Publication rights
• Intellectual property generated from the project
• Use and treatment of confidential information disclosed during the project
• Termination of the agreement or project
• Indemnification
• Choice of governing law
• Other items as appropriate for the specific project