Re: Analytical Services -Reply Judith Wilkinson 11 May 1999 12:54 EST
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 -------------------------------------------------------- ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================