Types of Contracts and Support

Responsibility for handling different types of agreements for research or activities related to the conduct of research is distributed across several USD administrative offices.  This matrix is intended to help clarify which office has primary responsibility for negotiating and executing such agreements.  The primary office may consult with other offices as appropriate.

Contact the Office of Sponsored Programs for the current contract template.

Type of Agreement Notes Work Flow
Confidentiality, Non-Disclosure or Secrecy Agreements An agreement to protect one party's proprietary information when it is shared with a second party.  Examples: 1) a company sharing confidential information to explore the possibility of research collaboration with USD; and 2) USD sharing information about an invention with a potential licensee prior to patent protection or establishing a license agreement General Counsel
Consortium Agreement An agreement between two or more Universities or businesses joining together to complete a project, work together to perform a contract or conduct research. OSP with General Counsel preparation and review.  Vice Provost final signatory.
Cooperative Agreements Cooperative Agreements are financial assistance awards typically issued by governmental and no-profit sponsors when they anticipate that their programmatic personnel will have substantial involvement project activities and oversight.  Some industry sponsors may call their contract a Cooperative Research Agreement, but this does not change the nature of their contract. OSP with General Counsel preparation and review.  Vice Provost final signatory.
Grant Grants are financial assistance awards (including fellowship awards made to USD to support an individual of group of individuals) typically issued by governmental and non-profit sponsors. OSP, Vice Provost final signatory.
Independent Contractor Agreement An agreement entered into between USD and an individual that transfers a substantive portion of a scope of work and associated funding under a prime award to the individual.  OSP with General Counsel, Tax & Compliance and Risk Management preparation and review.  Vice Provost final signatory.
License/Option Agreements A contract that conveys certain use rights related to OSP intellectual property (e.g., patents copyrights or biological materials) to another entity, usually a for-profit company.  An option Agreement transfers these rights for a limited period of time. General Counsel
Material Transfer Agreements A Material Transfer Agreement is a contract entered into by a provider and a recipient of research material that protects the intellectual and other property rights of the provider while permitting research with the material to proceed. OSP and General Counsel
Memorandum of Understanding (MOU) A written document describing the roles and responsibilities of two (or more) parties on a particular venture. An MOU is less formal than a contract, but is often signed by the parties involved to indicate their agreement to the principals contained in the MOU. OSP with General Counsel preparation and review.  Vice Provost final signatory.
Research Contracts/ Agreements Research Agreements contain detailed terms governing the performance, funding and reporting of a research project.  They may be awarded in response to a sponsor-solicited or unsolicited proposal.  They may be issued by governmental, for-profit/industry and non-profit/foundation sponsors. OSP with General Counsel preparation and review.  Vice Provost final signatory.
Service Agreements A contract for USD's performance of routine testing or standardized procedures based on a protocol developed by the requestor, where the outcomes are not likely to result in the addition of new knowledge or publishable information, and where any data collected is to be delivered without significant interpretive analysis.  Generally, Service Agreements do not contain commitments regarding intellectual property. OSP with General Counsel preparation and review.  Vice Provost final signatory.
Subawards/ Subcontracts (Incoming & Outgoing) An agreement between two entities that transfers a substantive portion of a scope of work and associated funding under a prime award to another institution or organization OSP with General Counsel preparation and review.  Vice Provost final signatory.