Research Agreements and Contracts

All sponsored activity agreements and related contracts must be executed by an authorized official of the University. Individuals, departments or organized sponsored research units may not enter into or create agreements that legally bind the university.

Negotiated funded and non-funded research agreements are contracts that outline the specifics of the research or sponsored activity and must undergo review by the Office of Sponsored Projects (OSP). The OSP Contracting team works to establish legally binding contracts that comply with institutional policies, state and federal laws, address project-specific needs, and protect faculty and students rights.

If the proposed agreement contains terms that do not align with university practices, OSP will work with the sponsor or collaborator to make the appropriate changes to the agreement terms. Once the terms and conditions are accepted by all parties, an OSP authorized official will sign the contract on behalf of the University.

Information provided below helps principal investigators at UT navigate the contract negotiation process. Some colleges and schools have internal department research administrators to assist with contract requests. When available, they are the primary point of contact for contract requests. Find your Research Administrator at the Research Administration Directory.

Negotiable Funded Research Agreements and Contracts

Funded research agreements and contracts outline terms and conditions required by the sponsor in exchange for the awarded funding. Research agreements and contracts can be funded by any organization but most often include federal, state, and non-profit organizations. Common University concerns that OSP reviews and negotiates include:

• Intellectual Property
• Publication
• Publicity - Use of the University’s name
• Indemnification and Liability
• Insurance
• Governing law
• Export Control
• Confidential/Proprietary Information
• Federal Acquisition Regulations

Non-negotiable Funded Research Agreements and Contracts

Non-negotiable funded research agreements and contracts are those where the terms and conditions are outlined by the funding agency/sponsor, and they cannot be altered or negotiated by the university. These agreements include standard agreement terms that the university must accept as is (e.g., National Institutes of Health Standard Terms of Award).

Non-negotiable agreements will be handled by the Post Award Team. Find information on award management, including post award contacts, at Award Management.

Non-Funded Research Agreements

Non-Funded Agreements are agreements that do not involve the transfer of funds, but address the specific needs related to research or sponsored project.

Types of Non-Funded Agreements Include:

• Material Transfer Agreement (MTA) – A contract between two parties, to allow the transfer of research material safely from one party to another.
• Non-Disclosure Agreement (NDA) – A contract between multiple parties to protect the transfer of confidential information in advance of the exchange.
• Data Use Agreement (DUA) – A contract between two parties to protect the exchange of data from one party to another.
• Equipment Loan Agreement (ELA) – A contract between two parties, in which a party desires to transfer equipment to another party to be responsible for the safekeeping and return of equipment for a specific period.
• Teaming Agreement (TA) – A contract between two or more parties used to address the rights and obligations where a party is pursuing research funding via formal proposal to a Prime Sponsor.
• Memorandum of Understanding (MOU) – An agreement (usually non-binding) between two or more parties that outlines each party’s intentions and expectations pursuant to the agreement.
• Small Business Technology Transfer (STTR) Allocation of Rights Agreement – An agreement between a small business concern and a university. The agreement facilitates the use and ownership of any intellectual property developed under a Small Business Technology Transfer award.
• Master Agreement (MAG) – An agreement between two parties, in which the parties agree to terms that will govern future agreements.

To find appropriate Grant Specialist, Contracts Negotiator, or Subaward Negotiator check the OSP Constituency List.

Types of Research Agreements

Material Transfer Agreements

All Material Transfer Agreements (MTAs) involving the transfer of materials for research purposes, except for those MTAs directly related to an industry-sponsored research agreement, are handled by the Contracts & Agreements team of the Office of Sponsored Projects (OSP).

An MTA is a contract between two or more institutions that will define and govern the rights and responsibilities of the institutions relative to the research materials (e.g. biological or chemical samples) that are being provided, received, or exchanged. Establishing an MTA when transferring materials for research purposes can help address future questions regarding intellectual property ownership rights, academic publication and priority, and the authorized use of materials and liability, among others.

The University of Texas at Austin (UT Austin) is a UBMTA signatory, which facilitates the processing and execution of MTAs among UBMTA signatories.

To find your Contracts & Agreement Contracts Coordinator, please check the OSP Constituency List. For general questions or for those outside the University wishing to enter into an MTA with UT Austin, please send an email to osp@austin.utexas.edu.

For questions on MTA, see the Materials Transfer Agreements FAQ (PDF).