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Agreements

Lifecycle Topics

SPARC negotiates a variety of agreements related to externally sponsored activities taking place at UNCW. These agreements can range from a simple grant to a more complex contract with restrictive terms and conditions, as well as many non-funded agreements related to other research-related activities. Sponsors can also range from federal or state agencies to foundations, private industry or international entities.

Below is a list of the most common agreements executed. However, due to the unique collaborations of university personnel, there are many hybrid types of agreements that may have a combination of terms.

Sponsored Research

An agreement with another entity that provides funding for a research project being conducted under the direction of a university Principal Investigator. 

Federal Funds: Grants, Cooperative Agreements and Contracts

Grant – A mechanism to provide funds to support a public purpose; the Principal Investigator develops the statement of work; it usually includes annual reporting requirements and there is no involvement of the Federal Agency
Cooperative Agreements – A mechanism to provide funds to support a public purpose, with substantial involvement of the Federal Agency
Contract – A procurement mechanism to purchase specific goods and services. The scope of work is usually defined by the Federal Agency; the payment is based on deliverables and milestones; usually there are frequent reporting requirements to monitor the work; subject to the FAR clauses (Federal Acquisition Regulation)

Data Use (DUA)

Agreements used to exchange datasets considered proprietary by a party and how any data from the dataset may be used. 

Memorandum of Understanding (MOU)

Non-binding agreement outlining the terms and details of an understanding between two or more parties. It does not need to have legally enforceable promises.

Subawards

Agreements issued by the university to a collaboration entity (subrecipient). These subrecipients will perform a portion of the research required under a prime award to the university. 

Re-grants

Agreement issued by the university to another entity that is performing research related activities, but the funds are coming from departmental funds, gift funds, or a direct appropriation and are not managed by SPARC.

Agreement Types

Funding mechanisms may incorporate various types of legal agreements that may serve as the funding document or be an additional arrangement that does not involve funding.

Below are some of the agreement types that may be seen in conjunction with sponsored projects. 

A sponsor’s notification that provides funding under a grant or cooperative agreement.
A legally binding agreement that requires signature by the University. It may be used for various types of funding mechanisms including grants and contracts.
An agreement modifying the terms and conditions of an original agreement, including modifications to the scope of work and budget. All types of agreements can be amended.
An agreement that covers the study of investigational drugs or devices in humans to establish their efficacy before bringing the product to market.
An agreement that defines the relationship between two or more collaborators on a project that is funded via a separate mechanism (e.g., grant, subcontract, internal funding, etc.). It typically covers the relative roles and responsibilities of each party, plans for publication and copyright, and intellectual property. It is typically unfunded.
An agreement meant to stimulate research and the commercialization of technology when involving a private company. This mechanism allows all parties to keep the research temporarily confidential under the Freedom of Information Act (FOIA) and the private company to retain the intellectual property rights of any developed inventions.
An agreement used to transfer data from one party to another, to prevent protected data (such as Protected Health Information (PHI)) from dissemination and misuse. It is normally not a funding document.
An agreement with a Federal agency and an institution that provides for the temporary reassignment of personnel between the two organizations. It is normally used for personnel costs and does not serve as a funding document for a project.
Master Agreement is a contract that is used to cover a number of different projects funded by one sponsor over a period of time. These types of agreements are also called "Blanket Agreements or Umbrella Agreements." Master Agreements are used to streamline the contracting process for both the University and the sponsors who intend to fund multiple research projects over time. The contracts are usually negotiated to cover an extended period.

Master Agreements are arranged with industrial research partners, and some federal and/or state governmental entities that contract with the University on a frequent basis. In these cases, SPARC pre-negotiates the legal terms and conditions of the agreement. Then, when a new project is proposed, the

terms of the Master Agreement apply and only the statement of work, period of performance and budget must be determined. Some flexibility may be built into master agreements to accommodate the possibilities regarding future scopes of work, intellectual property, and research personnel. The terms and conditions in a Master Agreement remain unfunded until a funded proposal officially results in a signed project specification. The PI should inform SPARC of potential sponsors who might be interested in negotiating a Master Agreement.

Task Orders or Work Orders

Once a master agreement is in place, an addendum or task order is created for each new project to be awarded under the master agreement. Task Orders/Work Orders are the individual authorizations to perform project specific work under the terms and conditions of a Master Agreement.

An addendum/task order/ work order frequently contains the following for each specific project:
  • Scope of work to be conducted and associated budget
  • Payment obligations and timing
  • Management of the project
  • Staffing of the project
  • Schedules, milestones, and deliverables
  • Co-funding information (if any)
  • Background intellectual property information (if any)
  • Licensing options and considerations
UNCW is concentrating efforts to establish master agreements with a variety of partners to help expedite the initiation and funding of research, student and student projects
An agreement that details a common plan of action or intent between two parties. It is used when the parties either do not imply a legal commitment or in situations where the parties cannot create a legally enforceable agreement. It is generally not used as a funding agreement.
An agreement which controls the transfer of tangible materials between parties for research purposes. It is not normally used as funding document.
An agreement that allows parties to share confidential or proprietary knowledge and information for specific purposes, particularly to determine whether to pursue a project or business relationship between the parties. These agreements restrict access, use, or dissemination for any other purpose. It is not used as a funding document.
An agreement where a party is funding other sponsored activities that do not involve performing research but are strictly for providing services such as routine testing, processing, or other specialized services. It is regularly a funding document.
An agreement issued under a master agreement. All terms of the master agreement apply to the task order.
This type of agreement indicates a general agreement on the nature of the working relationship between both parties. These can also set forth basic terms related to the ownership of intellectual property and other programmatic issues such as data sharing.