Agreements and Negotiations
Award and agreement negotiation of sponsored research projects at Marquette are handled by the Office Research and Sponsored Programs (ORSP). ORSP review awards and agreements from a wide range of sponsors, including industry sponsors, non-profit organizations, state governments, the federal government, and foreign entities. ORSP works closely with the Office of the General Counsel (OGC) to promote and facilitate the extramurally supported research, education and outreach missions of the University through review and negotiation of the terms and conditions of agreements.
In reviewing award agreements, our office works to ensure that the terms and conditions of the award documentation align with federal and state laws, Marquette University policies, ORSP Policies, and the needs of the researchers here on campus.
Once a federal award is made to Marquette, an appropriate risk level for all named subrecipients needs to be determined. This is done through review of a completed Subrecipient Commitment Form and of a subrecipient's audit information. The purpose of these reviews is to determine whether the subrecipient has the appropriate policies and procedures in place to manage federal funds, and, if concerns are noted, determine additional monitoring terms and conditions. Subrecipient must also provide Marquette a statement of work, budget, and other necessary documentation.
Once the subaward agreement has been issued, the Grant Contracting team will respond to any requests for changes to the subaward, ensuring that any agreed-upon changes are still in compliance with federal regulations and university policies.
Once the subaward is fully executed, the PI is responsible for regular monitoring of the subaward throughout the life of the award. The purpose of monitoring is to ensure federal funds are spent in compliance with the applicable laws, regulations and provisions, and ensure performance goals are met. The Contract Administration team will perform annual audit reviews and alert upper administration if relevant audit findings arise.
Agreement Types
- Material Transfer
- Nondisclosure
- Project Services
- Sponsored Research
- Subawards
A Material Transfer Agreement (MTA) is a contract that governs the transfer of tangible research materials between two organizations, when the recipient intends to use it for his or her own research purposes or commercial evaluation. The MTA defines the rights of the provider and the recipient with respect to the materials and any derivatives. Biological materials are the most frequently transferred materials, but MTAs may also be used for other types of materials, such as chemical compounds and even some types of software. As a general rule, MTAs are required for any incoming or outgoing materials in order to monitor what materials are coming on campus, and what materials (and to whom) Marquette is supplying.
Whether the material is incoming or outgoing, Marquette uses a standard MTA which is negotiated by the Grant Contracting team.
Incoming Material Transfer Agreement
An incoming MTA protects a researcher's ability to use and publish research, any existing and potential intellectual property and define the use of any accompanying confidential information. The review of an incoming MTA ensures the agreement terms don't conflict with rights granted in other agreements associated with the research. Marquette is a signatory to the Uniform Biological Material Transfer Agreement (UBMTA) which is approved by the National Institutes of Health (NIH). In those cases, a standard implementing letter will be sufficient. In all other cases, our standard incoming MTA should be used to start negotiations, or at least should be consulted to ensure that any alternate form contains comparable terms and conditions.
Outgoing Material Transfer Agreement
MTAs for outgoing material typically prevent the material provider from losing control over the material and its research use. If no agreement exists, then the recipient would be free to use the material in any way it chooses and could freely distribute the materials to other parties.
Material Transfer Agreement - Outgoing (nonprofit and educational institutions)
Compliance Review
MTAs (incoming and outgoing) must undergo a compliance review to ensure that the appropriate compliance protocols are in place and may include the following:
- Live animals
- Human tissue and/or data
- Hazardous materials
- Recombinant DNA
Principal Investigators (PI) and other researchers may be asked to accept/provide confidential or restricted information, materials, software code, or technology from/to a sponsor or third party. In these situations, a Nondisclosure Agreement (NDA) is needed. The NDA is designed to cover the exchange of verbal, visual or written information, including documents, slides, charts, models and other displays.
Project Service Agreements are used when the scope of work is limited to testing, evaluation or a similar activity which will not (1) result in the creation of new intellectual property or improvements to existing intellectual property; or (2) involve a PI being asked to provide input or know-how beyond what is necessary to accomplish the specific testing/evaluation, etc. These agreements will be fixed price unless otherwise agreed between the Sponsor and Marquette.
Project Services Agreement Template
Student Engagement Agreement
Consulting Agreement
A consulting agreement is a legally-binding contract between the university and a consultant. This document formalizes the engagement and ensures both parties are clear on their responsibilies and commitments. Consultants are independent contractors and not employees of the university.
To request a consulting agreement, download and send completed Exibit A to Grant Contracting.
Participation Agreement
The particpation agreement enables an individual to receive payment for engaging in a specified activity relevant to a project. The partipant typically is not performing research activities but rather gains an educational benefit from their participation in a project. This agreement can only be used when the payment, if any, is determined by Marquette ahead of time and cannot be subject to negotiation.
To request a participation agreement, download and send completed Participation Agreement Worksheet to Grant Contracting.
Speaker Agreement
A speaker agreement is intended for speaking engagements, either by individuals or by employees of an agency/company. A speaker agreement can only be used when the payment, if any, is determined by Marquette ahead of time, and cannot be subject to negotiation (reimbursement of actual, allowable travel expenses is also permitted).
Sponsored Research Agreement (SRA)
A Sponsored Research Agreement (SRA) is a contract between Marquette University and a corporate or nongovernmental sponsor to fund a sponsored project at Marquette. Before the agreement is signed by both parties (fully executed), it must be reviewed and, if necessary, negotiated as needed to ensure that the terms and conditions are mutually acceptable to both parties. The Contract Administrator in ORSP will review and negotiate SRAs in collaboration with the Principal Investigator (PI).
Student Engagement Agreement
The Student Engagement Agreement is used in conjunction with the Sponsored Research Agreement and the Project Services Agreement. This agreement clarifies certain student responsibilities as they related to the sponsored project.
Student Engagement Agreement
Federal Subaward Agreements
Marquette utilizes Federal Demonstration Partnership (FDP) subaward templates designed for domestic academic/nonprofit institutions under federally funded grants or cooperative agreements. The templates are not meant to be edited.
Subrecipient Commitment