Materials Required

(Besides the agreement itself)

Other Units Consulted

(Besides University Counsel)

Sponsored Program Agreement
(SPA)

A formal contract between a sponsor (funder) and JMU, typically for JMU investigators to conduct research or perform some similar work.  JMU would receive funds from the sponsor to support the research or other project.

• Full proposal as submitted to the sponsor, including budget and statement of work
• Award notification from sponsor (typically sent directly to OSP-AS)
• IRB Approval including data security plan or IRB Exemption confirmation, if human subject research
• IACUC Approval, if animal subject research
• IBC Approval, if biosafety research

Subaward Agreement
(Sub)

A formal contract for performing a portion of a project’s work, in which the subawardee has a substantial role including intellectual contributions and programmatic decision-making.  JMU may be the subawardee or the sponsor.

If JMU is the subawardee:

• All materials submitted to the lead institution, including subawardee budget and statement of work

If JMU is the lead institution:

• Full proposal as submitted to the sponsor
• Subrecipient or contractor checklist
• Subrecipient statement of work, line-item budget, and budget justification
• Subrecipient commitment form
• Federal Demonstration Partnership FDP Attachment 3B Forms
• Subrecipient F&A Agreement (if applicable)

For more information, see our page on external collaborations.

Data Use Agreement (DUA)/Data Use and Transfer Agreement (DTUA)

A formal contract that governs the transfer and use of data (typically non-public or restricted data) between different organizations.  Such agreements also typically specify how the data can be accessed, stored, used, protected, and/or disclosed. 

• Description of data
• Data management plan (if applicable) and/or a description of computing needs.
• IRB Approval including data security plan or IRB Exemption confirmation, if human subjects data
• Confirmation of payment source (if applicable)

• Information Security Officer
• Procurement as applicable

Material Transfer Agreement
(MTA)

A formal contract that governs the transfer and use of one or more specific physical research material between organizations.

• Description of material including any storage or security requirements
• Confirmation of payment source (if applicable)
• IRB Approval or IRB Exemption confirmation, if human subject are involved
• IACUC Approval, if animal subject research

• Facilities as applicable
• Procurement as applicable
• IT as applicable (e.g., if the material is a device that connects to JMU’s network)

Collaboration Agreement
(COL)

A formal contract between multiple organizations that are cooperating in the conduct of a research program. The agreement describes the actions that each organization has agreed to undertake, and defines the obligations each party has to the others participating in the collaborative research effort.  It frequently includes a scope of work as well as a schedule and deliverables.

• Statement of work

• Intellectual Property Officer or designated official, if IP is referenced

Consortium Agreement
(CON)

A formal contract that establishes the terms and conditions for collaboration among multiple parties, typically to support cooperation in a research endeavor or other similar project. It typically includes a defined structure and governance model for the parties participating in the consortium.

• Statement of work

• Intellectual Property Officer or designated official, if IP is referenced

Intellectual Proprety Management Plan/Allocation of Rights
(IPMP/AOR)

A formal contract that  addresses the protection, dissemination, and/or commercialization of intellectual property resulting from a research or similar collaboration.  These may be required for some federal grants.  JMU Policy 1107 is particularly relevant to these agreements.  OSP-AS will only sign these agreements if required by a funder for a sponsored program; otherwise we will direct these to Research2Impact.

• Statement of work or other description of the project
• Solicitation or other documentation from sponsor indicating it is required
• Invention Disclosure Form (if relevant)

• Intellectual Property Officer or designated official

Licensing Agreement
(LA)

A formal contract that grants the licensee certain rights of use regarding property of the licensor.  In the research context, this may be used for software and other intangible property for which a material transfer agreement is inappropriate.  Note that OSP-AS only handles licensing agreements connected to sponsored programs and/or with another institution of higher education.

• Statement of work or other description of the project, indicating how the licensing agreement is necessary.
• If JMU is purchasing: confirmation of payment source
• Invention Disclosure Form (if relevant)

• Intellectual Property Officer or designated official
• Procurement

Service Agreement
(SA)

A legally binding contract used for the sale of a good or service (fee for service).  Service agreements may include consulting, work for hire, testing, analysis, equipment use, specific training, etc.  The resources and personnel used are normally engaged in research, scholarship, and creative work but have excess capacity to handle additional work from external entities.

Note that if OSP-AS handles a service agreement, it will generally be considered a sponsored program. If you intend to deposit revenue from a SA in a department ID that begins with anything other than a 5, it should not be routed to us for signing.

• Statement of work or other description of the project, indicating how the licensing agreement is necessary.
• If JMU is purchasing: confirmation of payment source

• Procurement

Facility Use Agreement
(FUA)

A legally binding contract between a user (or more commonly, a user’s institution) and a host institution or organization which provides access to a facility (including equipment).  These agreements protect the interests of both users and hosts by articulating the data rights, intellectual property rights, and similar from work resulting from the user’s use of the facility.

• Statement of work or other description of the project
• If JMU is purchasing: confirmation of payment source

• Intellectual Property Officer or designated official, if IP is referred to
• Procurement as applicable
• IT as applicable

• Statement of work or other description of the project
• If JMU is purchasing: confirmation of payment source

• Intellectual Property Officer or designated official, if IP is referred to
• Procurement as applicable
• IT as applicable

Non-Disclosure Agreement (NDA)/Confidential Disclosure Agreement (CDA)/Proprietary Information Agreement (DIA)

A formal contract between at least two parties which outlines confidential materials or knowledge the parties wish to share with one another for certain purposes, but wish to restrict from generalized use; it is a contract by which the parties agree not to disclose information covered by the agreement.  JMU Policy 1107 is particularly relevant to these agreements. OSP-AS will only sign these agreements if required by a funder for a sponsored program.

• Statement of work
• Documentation from sponsor indicating the agreement is required

• Intellectual Property Officer or designated official

Memorandum of Understanding (MOU)

For research or sponsored programs only

An agreement between multiple participes outlining their intention to collaborate on a specific project or activity.  This is typically a non-binding agreement that frequently establishes a framework for cooperation, clarifying roles, responsibilities, and objectives without creating legally enforceable obligations.  This SOP does not apply to MOUs which are not related to research or sponsored programs, which do not need to be reviewed by OSP-AS.

• Statement of work