Contracts

A Sponsored Agreement is an agreement between UNT Health and a sponsor that provides funding to support a Sponsored Project. A Sponsored Project includes any externally funded activities that involve a defined statement of work or objectives that establish expectations for deliverables. Sponsored Projects may involve research or research-related services, public service activities, training programs, or testing or evaluation services. 

 

The following agreement types are Sponsored Agreements:

 

• Grant Agreements

• Incoming Subawards

• Cooperative Agreements and OTA Agreements

• Inter-Agency Agreements

• Industry Contracts

• Service and Testing Agreements

• Master Agreements

 

Budgets for Sponsored Agreements, including industry-sponsored agreements and service/testing agreements, must be developed in collaboration with the Office of Sponsored Programs to ensure proper inclusion of indirect costs. Indirect costs cannot be waived due to failure to appropriately budget. If you are preparing a budget for a Sponsored Agreement, please contact OSP-PreAward@unthealth.edu for assistance. If you have received a draft of a Sponsored Agreement that was not proposed through OSP, please send it to ospcontracts@unthealth.edu. 

 

The Contracts Team is responsible for negotiating terms and conditions for all Sponsored Agreements. Our role is to ensure agreement terms and conditions comply with institutional policies, state and federal regulations, and legal requirements. Common points of negotiation are: 

 

• Intellectual Property

• Publication Rights

• Publicity and Use of Name/Logo

• Indemnification and Liability 

• Insurance Requirements

• Governing Law

• Export Control Compliance

• Confidentiality and Proprietary Information

An Outgoing Subaward is an agreement between UNT Health and a Subrecipient who will receive a portion of funding from a Sponsored Project and will carry out a defined portion of the project's work. Subrecipients are collaborators who perform substantive programmatic activities and contribute intellectually to project aims. The Office of Sponsored Programs (OSP) determines whether an external party should be classified as a Subrecipient or vendor following the criteria outlined in Uniform Guidance, 2 CFR 200. 

 

The Contracts Team oversees all compliance and due-diligence activities related to initiation of outgoing subawards. This includes screenings of subrecipients and their principal investigators, performing subaward risk assessments, developing risk mitigation plans, and drafting and executing subawards that meet all requirements of the Prime Award. Regardless of what was required at the proposal stage, every Outgoing Subaward issued by UNT Health must include, at minimum, a statement of work, a detailed budget, and a budget justification.  

 

Outgoing Subawards are initiated by OSP at the award stage. If you have a question about an Outgoing Subaward currently in negotiation or in need of renewal, please contact ospcontracts@unthealth.edu. 

 

Once executed, Outgoing Subawards require substantial financial and programmatic oversight. The Office of Research Financial Compliance is responsible for tracking subaward financial progress and ensuring ongoing financial compliance through the life of each subaward. Questions related to subaward invoicing and burn rate should be directed to the Office of Research Financial Compliance. 

Data Use Agreements (DUAs) are contracts that govern and protect the transfer of data between parties. A DUA is required whenever UNT Health sends or receives a limited data set or any data set that includes personally identifiable information (PII) or protected health information (PHI). DUAs may also be appropriate in certain situations involving the exchange of de-identified data and non-human subjects data. 

 

UNT Health Principal Investigators can request a DUA directly by submitting a GRAMS SmartForm. 

 

All requests must include: 

 

• A description of the data set, including all data elements

• A description of the research or project for which the data will be used

• If applicable, a draft DUA received from the external party, attached to the GRAMS request

 

Because DUAs involving human-subjects data require prior IRB approval or an exemption determination, investigators are encouraged to begin the IRB process as early as possible to avoid delays. 

Material Transfer Agreements (MTAs) are contracts that govern and protect the transfer of tangible research material between institutions. Establishing an MTA helps ensure that questions related to intellectual property rights, academic publication and priority, and the authorized use of materials are clearly addressed in advance. 

 

An MTA is required whenever a UNT Health investigator sends or receives any proprietary biological materials or any materials derived from human subjects. MTAs may also be appropriate in certain situations involving the exchange of non-biological research materials. 

 

UNT Health Principal Investigators can request an MTA directly by submitting a GRAMS SmartForm. 

 

All requests must include: 

 

• A detailed description of the material 

• An explanation of how the material will be used in the proposed research 

• The source of the material, indicating whether it was developed at UNT Health or obtained from a third party

• Appropriate compliance documentation, including IACUC or IRB approval, if the materials involve live animals or human subjects/specimens

A Non-Disclosure Agreement (NDA) is a contract between parties that protects the exchange of confidential information prior to discussions or collaboration. OSP is responsible for reviewing and negotiating all NDAs related to prospective research collaborations with external partners.

 

UNT Health Principal Investigators can request an NDA directly by submitting a GRAMS SmartForm.  

 

To ensure that all personnel understand their confidentiality obligations, UNT Health requires that research-related NDAs be narrowly tailored to the specific discussions anticipated. 

 

All requests must include: 

 

• A concise description of the subject matter to be discussed 

• An explanation of the purpose or aims of the discussion