Hi Donna,

The sample testing sounds like it could be unrelated business income.  I
think the safer approach would be to set up the testing as a
service/recharge center.

Where did the equipment used in the analyses come from? Fed funds?
Federally funded equipment also makes a difference.  Per OMB A-110 "The
recipient shall not use equipment acquired with Federal funds to provide
services to non-Federal outside organizations for a fee that is less
than private companies charge for equivalent services, unless
specifically authorized by Federal statute, for as long as the Federal
Government retains an interest in the equipment."

I've attached a position paper I prepared on UBIT.  I would consistently
avoid accepting publication restrictions - this is typically a drop dead
deal breaker for most organizations.  While not an ITAR or EAR expert,
publications restrictions can also have implications in this area as
well.

Hope this helps.

Kris

-----Original Message-----
From: Research Administration List [mailto:xxxxxx@HRINET.ORG] On
Behalf Of Donna A. DeLuca
Sent: Friday, July 08, 2005 10:50 AM
To: xxxxxx@HRINET.ORG
Subject: [RESADM-L] Contracts. .

Some of our researchers perform sample testing for public and private
agencies.  As a rule, we require a contract in order to perform this
work.
In the event that the work is not going to lead to publication or has no
chance of invention, we are considering forgoing the contract.  Do you
see
any potential problems or issues with not having a contract (other than
the
IRS regs, which as a not for profit organization, we've already taken
under
consideration)?

Also, I'm curious how other research institutions handle this type of
work.
Any sample contracts, for this type of work, that you're willing to
share?

Thank you,
Donna
______________________________________
Donna DeLuca
Grant Administrator, Office of Sponsored Programs
xxxxxx@healthresearch.org
PH (518) 431-1261
FAX (518) 431-1234

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