Review and Negotiate Sponsored Agreements - C01
Purpose
This procedure describes how the Office of Research and Sponsored Programs (ORSP) reviews and negotiates agreements on behalf of the university.
Scope
This procedure applies to all sponsored projects subject to OU Policy 19.045(opens in a new window) Administering External Grants and Contracts set up as separate accounts in the OHIO Financial Management System (FMS).
Definitions
See ORSP Glossary for term definitions.
Procedure
Before accepting an award on behalf of the University, ORSP reviews all terms and conditions, regardless of the sponsor, and is responsible for negotiating appropriate remedies if an award fits into one or more of the following categories:
- Contains provisions that are incompatible with the University’s policies on sponsored programs;
- Is inconsistent with the Uniform Administrative Requirements, Cost Principles, and Audit requirements for Federal Awards (Uniform Guidance);
- Fails to include all elements agreed upon between the parties prior to the award;
- Requires modification to conform to the Principal Investigator’s needs for a specific project; and/or
- Includes non-standard terms that may require consultation with other offices, including the Technology Transfer Office, Office of Legal Affairs, Office of Information Technology, Risk Management and Insurance, etc.
ORSP will contact the PI should any terms of the agreement impact the scope, start/end dates, budget, or performance of the project. ORSP will bear the primary responsibility to coordinate negotiation of legal and university policy clauses.
ORSP will review award documents as timely as possible given proposal and award workload. PIs may be contacted to assist with obtaining a response from sponsors when delays are occurring.
Once the terms and conditions have been reviewed and agreed upon, the award is signed by an authorized signatory on behalf of the University.
Common Institutional Concerns During Review and Negotiation
- Intellectual property
- Publication restrictions
- Use of OHIO’s name
- Governing law
- Indemnification and liability
- Insurance requirements
- Confidential/proprietary information
- Export compliance
- Data management, security and sharing requirements
- Privacy requirements
- Limitations on citizenship
Technology Transfer Office (TTO)
Government- and foundation-sponsored research agreements with non-standard patent, copyright, or licensing terms, require TTO review and approval.
The responsibility for the review and approval of patent, copyright, and licensing terms for industry-sponsored research agreements at the University lies with the TTO as well. TTO is familiar with the many issues raised by such agreements. TTO should be consulted in the first instance when a relationship with private industry is being contemplated.
For additional information, please visit the Technology Transfer Office.
Office of Legal Affairs
When negotiating the terms and conditions of sponsored awards, the ORSP may consult with the Office of Legal Affairs on a variety of research-related issues, including but not limited to international law, data privacy concerns, and regulatory compliance.
Risk Management and Insurance
Insurance requirements vary by sponsor. ORSP will contact Risk Management and Insurance when agreement terms are unusual or if a memorandum of insurance or certificate of insurance is required.
Office of Information Technology
When agreement terms require specific information technology resources or security requirements, ORSP will contact the Office of Information Technology for assistance in negotiating appropriate language and ensuring the Principal Investigator has the resources needed to meet the contractual requirements.
Questions
Questions regarding this procedure should be addressed to orsp@ohio.edu.
Forms/Templates
There are no forms or templates for this procedure.
Roles and Responsibilities
OWNER: ORSP
CONTRIBUTOR: TTO, LEGAL AFFAIRS, OIT, RMI
APPROVER: ORSP, PAGPG, ADR
Review/Revision History
Created on 10/06/2022