Contracts & Agreements Overview (Planning)
OVERVIEW
Under HOOP 64, the Sponsored Projects Administration (SPA) is responsible for the review, negotiation, and acceptance of all contracts and sub awards for sponsored activities at the University.
This internal review process is necessary to ensure that all sponsored project documentation concurs with the mission of the University and adheres to all applicable federal, state, sponsor and institutional policies and guidelines. The review process allows UTHealth to assure potential sponsors that time and cost commitments are appropriate and all compliance issues (e.g., human subjects, animal use, export controls, conflicts of interest) are adequately addressed.
Sponsored Projects Administration (SPA) uses a wide range of agreement types to conduct business in support of the UTHealth mission. Understanding these agreement considerations will help reduce the time needed to meet your unique research needs.
Utilize the “Agreement Types Decision Table” below to identify the type of agreement needed for your project. Once you have identified the type of agreement you need, click the “Agreement Type” for further details and instructions on how to submit the agreement to SPA.
PROCESS SUMMARY- CONTRACTS/AGREEMENTS REVIEW
Department submits:
- The department submits the draft agreement and required documentation to SPA. (Click on the specific agreement type link for submission and required documentation details.)
SPA Administrator reviews and negotiates:
- The project is assigned for review to the department's SPA Administrator for review and negotiations with the sponsor.
Execution process:
- Once the SPA Administrator finalizes the agreement and has all internal documents, the agreement will be sent to the PI for review and approval, or signature when required.
- After the PI signs-off on the agreement, the SPA Administrator will obtain signatures from an UTHealth authorized signing official.
*All required documentation must be received prior to submitting to UTHealth authorized signing official.
**To avoid any delays to the contract timelines, the department should submit all required documentation prior to the finalization of contractual language.
- After the UTHealth authorized signing official signs the agreement, the SPA Administrator will send to Sponsor for final signature.
Financial account set up:
- The SPA Administrator will submit the fully-executed contract, R&A, and all applicable assurances to Post Award Finance (PAF) for financial account set up. If no contract is supplied by the other entity, SPA will draft.
Notification
- The PI, DMO, and other appropriate personnel will be notified by email when the account has been established.
AGREEMENT TYPE DECISION TABLE
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What transaction is being contemplated? |
Payment Details |
Agreement Type *Click on Agreement type for detailed description and SPA submission procedure. |
Also knows as: |
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An agreement between parties where the party receiving information agrees to keep the information confidential.
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Non-Monetary |
Confidentiality Agreement, Non-Disclosure Agreement (NDA), Secrecy Agreement |
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An Industry (typically a pharmaceutical or device company) sponsored and funded clinical protocol. Protocol is written and provided by the industry sponsor. Generally a CDA precedes a CTA. |
Per patient + non-refundable start up. May include separate invoiceable. |
Clinical Trial Agreement, Clinical Research Agreement, Industry Sponsored Clinical Trial Agreement. |
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A clinical protocol written by an UTHealth faculty member(s) but funded by an industry sponsor. |
Typically milestone based but may be per patient. |
Investigator Initiated Clinical Trial, Clinical Research Agreement, or Clinical Study Agreement |
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For services of an UTHealth employee for his/her expertise to guide, write, or advise. No lab or clinical work. Predominantly intellectual in character. Work scope may include:
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Milestone or hourly upon invoice. |
Consulting Agreement |
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A non-clinical research plan, written by an UTHealth faculty member(s), funded by industry. |
Payment is typically milestone/report based. |
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For work requested by an outside party that usually requires specialized equipment, processes, or expertise. UTHealth has no input on research design (except for methods and processes needed to complete the work) no ownership of data or results, and no rights to publish the results. Typically, UTHealth would be running samples and generating data, or producing a product. |
Fixed fee or milestone. |
Services, work for hire |
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UTHealth to partner with an outside entity to work on a shared project where there is scientific benefit to both parties. Ownership, Inventions, and publications are shared. |
Cost Reimbursable, set scheduled payments, or milestone |
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For UTHealth to send or receive material (animal models, cell lines, etc.) from another entity. Material is for research purposes only and there is no research collaboration between the parties exchanging material. |
Non-Monetary |
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Solely to pay a Grad Student, Pre-Doc, or Post-Doc salary |
Cost Reimbursable or set scheduled payments. |
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When UTHealth is sending or receiving Clinical/Patient data. Typically as a limited data set (where specific patient identifiers, photos, are removed from the data.) |
Non-Monetary |
Data Use Agreement Business Associates Agreement |
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for an outside entity to loan/lend equipment to UTHealth (purchasing equipment falls under procurement roles and is not handled by SPA) |
Non-Monetary |
Equipment Loan Agreement |
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For a unique set of contracting arrangements that cannot be categorized in any of the above. |
Varies |