The Indiana University School of Dentistry and the Oral Health Research
Institute is involved in several  testing and services relationships with
industry. We do look at these as research related projects, but we also
use an abbreviated agreement in many of these instances. Our indirect
costs are structured differently as well.

When preparing a "short form" testing agreement, make sure that you
include language to address the "use of name" of your institution and
employees.  Indemnification language is another important clause. As
well as the right of your PI to publish. It is also important that the right of
your PI to decide not to publish is important.

Mike's purchase order approach, with language on the back is an
excellent idea.

One last point. We also make sure that the payment schedule
is included, because we have had cases where final payments are
difficult to obtain.

From experience, I advocate to keep all documentation. In the world of
small start-ups and take overs, we have had times when obtaining final
payments can be difficult, especially in cases where staffing in
corporate accounting offices is "fluid".

Jude Wilkinson, JD
Sponsored Research & Technology Transfer
Indiana University School of Dentistry
xxxxxx@iusd.iupui.edu

As was indicated earlier, the intellectual property clauses are often
absent in these agreement.

>>> Mike Gilles <xxxxxx@MTU.EDU> 05/11/99 10:05am >>>
I agree with Kathy as we handle these pretty much the same way as
she
described.  We do a little of these types of services in the academic
departments but we also have research institutes within the university
that
do a lot of "testing" or "analytical" work.  Internally we require the same
paperwork as any other sponsored program.  The projects are quoted
as a firm
fixed price agreement and usually quoted as per test or service, but we
require an internal budget that details how funds will actually be
expended
within the account such as salaries, supplies, equipment use, etc.  We
have
developed a special contractual document that we use called a
Confirming
Order that looks pretty much like a purchase order, we describe the
service
to be performed and the rate and is signed by a university official as a
legal offer (a quote), the sponsor signs an acceptance line and returns it.
We have a bare minimum of terms and conditions on the reverse side as
opposed
to a purchase order in which we need a magnifying glass to read. It is
clearly only used on project that we can consider pure testing with no
concerns involving "development" that would require us to address
intellectual property issues.

Mike

--------------------------------------------------------
Mike Gilles <xxxxxx@mtu.edu>
Sponsored Programs Administrator
Research Services
Michigan Technological University
Houghton, MI 49931
Phone (906) 487-2225 Fx. (906) 487-2245
Date: 05/11/99  Time: 10:05:40
--------------------------------------------------------

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