What should I consider when working with industry?

  1. Whom do I contact for assistance?
  2. What is a research contract?
  3. Where are research contracts with industry reviewed and signed?
  4. What authority does my signature have?
  5. What aspects of the contract am I expected to negotiate?
  6. What F&A rate should be charged for Industry Agreements?
  7. What should I expect during the contracting process?
  8. How do all the agreements terms impact my research? (Common differences between Federal and Industry Contracts)

1. Whom do I contact for assistance?

The Office of Technology Transfer (OTT) is now responsible for the Emory industry contracting group (ICG). This will better align industry contract negotiations, both clinical and non-clinical, with OTT’s focused outreach to companies looking to partner with Emory. 
 
Your OSP departmental representative is based on your department within the university as well as the nature of your inquiry. You can find the appropriate contact on this web page.
 

2. What is a research contract?

A research contract is a legal document detailing the obligations of two or more parties over the course of a research project. It usually has specific deliverables and milestones to be met and dictates how the contracting parties will interact with each other. Contracts may be called by a variety of names – agreement, purchase order, subaward, memorandum of understanding, letter agreement – however, if the content of the document includes specific terms and conditions governing the performance of research, it is considered to be a research contract.
 

3. Where are research contracts with industry reviewed and signed?

As a single point of contact for industry OTT is responsible for negotiating industry clinical trial agreements, research agreements, and confidentiality agreements.  The OTT Team handles agreements with industry partners:
·        Industry / Corporate Contracts and Agreements
·        STTR/SBIR Agreements
·        Incoming Subcontracts under Industry Contracts
·        Outgoing Subcontracts on Industry Contracts
 

4. What authority does my signature have?

Grants, contracts, and other agreements with terms and conditions for research, sponsored training, clinical trials, patents and licensing, technology transfer, and research compliance are the responsibility of the Vice President for Research Administration and must be approved and signed by the Office of Research Administration, the Office of Sponsored Programs, or the Office of Technology Transfer, as appropriate.  Financial reports and cash management relating to research, sponsored training, and clinical trials must be approved and signed by the Vice President for Finance or the Office of Grant and Contract Accounting.

5. What aspects of the contract am I expected to negotiate?

Statement of Work (SOW) or protocol: As the subject matter expert, you are in the best position to know what work can and should be included in the project.  Your familiarity with your resources and staff will guide you as you set specific project milestones.

Budget – Consult Pam: As PI, you should have a general idea how much it will cost to perform the project, including staff salary and fringe, appropriate F&A costs, materials and equipment needed.  Your careful planning will ensure that the funds provided in the contract will cover these costs.  If you have questions about the appropriate F&A rate or fringe rate to include in your budget, contact Finance: Grants and Contracts; 404-727-2138).
 

7. What should I expect during the contracting process?

Move to Budget/Consult Pam: Contracts that are negotiated and signed by OSP must be routed to the OSP. Be sure to include the agreement (if provided by sponsor), statement of work or protocol, and budget.  Additional documents may be required based on the nature of the project or contract terms.  Consult the Contract Guidelines page for more information.
Add: eCTS (Federal and NonFederal)

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A key resources for faculty and staff to access information and updates on the status of both their industry and non-industry contracts can be found in the eCTS system (Emory Contracts Tracking System). 


8. How do all the agreements terms impact my research? (Common differences between Federal and Industry Contracts)

Terms on sponsored research agreements potentially can impact any aspect of your work.  A few examples include the record retention period; requests for compliance with corporate research standards that may differ from  general University standards;  restrictions on publications or requests for intellectual property ownership that conflict with University policy.  OSP can help you determine whether these terms are acceptable in accordance with Emory University policies and procedures, and OSP can help to negotiate terms that are acceptable and appropriate for your project.