There are several different types of agreements that may be generated to support collaboration or promote cooperation in teaching, research, or other fields of mutual interest between multiple entities. Each has a different process and responsible campus organization; please review the categories below and follow the appropriate process.

• Research Affiliation Agreements are institutional research affiliates agreements with other universities, research organization and in exceptional circumstances with for-profit organizations.  The Affiliation Agreement review and approval process is managed by the Office of Research; draft proposals should be sent to research@uw.edu. Research Affiliation Agreements are reviewed by the Associate Vice Provost for Research, and then routed to relevant deans and chairs for comment if applicable. Learn more about Research Affiliation Agreements.
• Corporate Affiliate Programs (CAP) are multi-party affiliation agreements between industry sponsors and the UW for companies to learn about the latest UW research, interact with faculty and students, and network with industry colleagues. Learn more about CAPs. These agreements are no longer routed through OSP and are signed by the CoE Dean; please discuss your intent to create an agreement of this type with your Chair and CFR. Drafts may be submitted for review through the Agreement Review & Signature Request form.
• International Memoranda of Understanding, general statements of mutual interest to explore collaboration opportunities, and International Agreements, formal legally-binding contracts that detail the terms and conditions of specific forms of collaboration.  The review process for these agreements are managed by the Office of Global Affairs but will need to be approved by the CoE Dean before the agreement will be executed; please discuss your intent to create an agreement of this type with your Chair and the Vice Dean. Drafts may be submitted for review through the Agreement Request form.  Learn more about International Agreements. Agreements that have been discussed and finalized, and are ready for review may be submitted using the Agreement Review & Signature Request form.
• Memoranda of Understanding (MOU) memorialize expression of intent, or expressing goals and aspirations or activity without committing to a legally binding agreement implicating legal remedies, while Memoranda of Agreement (MOA), often used internally, document an agreed-upon project or objective between multiple parties. These agreements must be signed by the CoE Dean; please discuss your intent to create an agreement of this type with your Chair and the Vice Dean. Drafts may be submitted for review through the Agreement Review & Signature Request form. 

If you determine it is an affiliation or partnership agreement:

Follow the process applicable to the agreement as outlined above. Consult the Table of Agreements for links to relevant policies and guidelines.

If an agreement contains consultation or technical assistance together with research, as defined by federal guidelines, it must be treated as a research grant or contract. The UW defines “research” according to federal definitions.

Indicators that it is a sponsored project agreement:

• It is basic and organized research, instruction or other sponsored activity; mutual exchange between a sponsor and UW, that benefits both parties; results in generalizable knowledge intended to be shared broadly with the scientific community. UW has authority to make overall programmatic decisions, with performance measured against program objectives rather than customer specifications; UW controls the method and results of the overall project; UW is responsible for overall project or program outcomes; UW is contributing to scientific development or execution of the project.
• Activity carried out with intent to further disseminate knowledge, including possible publication; may result in UW patentable innovation; copyrightable material may be developed; UW/author intends to retain ownership and control for future research/academic purposes; equipment fabrication or development for a federal agency.

There are several other more specific research-related agreements that are routed for approval using a non-award agreement eGC1. These agreements include Non-Disclosure Agreements (CDA, NDA, and PIA), Data Use/Transfer Agreements (DUA/DTUA), Material Transfer Agreements (MTA), Teaming Agreements, and Unfunded Research Agreements. Learn more about these agreement types and find templates at the Agreement Types page on the Office of Research web site. If you have a need for one of these agreements that is not related to active or pending sponsored program, they should be reviewed and signed by the CoE; they can be submitted for review using the Agreement Review & Signature Request form. Consult the Forms & Agreements resource page for a list of commonly used forms in CoE.

If you determine it is a sponsored project:

Process: Use the SAGE eGC1 for online approvals and routing to the Office of Sponsored Programs.
Overhead: Include Facilities and Administration (F&A) costs outlined in GIM 13 in your budget. Note: If the scope of work for the agreement qualifies as a Service Agreement, but the agreement must be processed through OSP by requirement of the federal sponsor, either directly or as flow-through funding, review the guidelines for the F&A rate associated with “Other Sponsored Activities” to determine if that may be the most appropriate rate to use.
UW Signatory: Office of Sponsored Programs.

Consult the Table of Agreements for links to relevant policies and guidelines.

The UW Advancement Office and GIM 34 provide guidance in differentiating between a grant and a gift, especially when the funding originates from a corporation or foundation. In general, a gift has the following attributes:

• Given for general activities such as endowments, capital projects, student financial support, or programmatic support, or research.
• Irrevocable, provided the gift is used in accordance with any mutually agreed upon, valid restrictions. Please note that CoE will not accept gift agreements that include language that include a return of funds clause.
• No donor-imposed time limits, though a general expectation of timing may be stated.
• The beneficiary of the supported endeavor is the general public, although the donor might receive de minimis benefits such as recognition and stewardship.

Gifts cannot include:

• Requirements for receipt of goods, services, or other deliverables
• Pledge payments contingent on outcomes or reaching milestones
• Detailed financial accountability (donors may request information about the impact of their support and a summary of expenditures)
• Deliverables or benefits beyond that of reasonable recognition and stewardship (i.e., no quid pro quo)
• Transfer of UW intellectual property, ownership, or related rights. Insurance, indemnification, warranty or any other contractual term or condition that establishes financial or legal responsibilities and/or the acceptance of risk by the University
• Restrictions on publication of research results
• Requirement that if personnel working on the project leave or change, the funding is returned to the donor Requirement that support be refunded if the project fails to meet performance requirements or project objectives

If you determine it is a corporate or foundation gift:

Process: Contact the CoE Corporate & Foundation Relations Office early in the process.
Assessment: Plan on a gift assessment (currently 5%) applied upon receipt to current-use contributions over $1,000 and under $5 million to the same fund in a fiscal year. In application, this means that a gift of $50,000 will be assessed on $49,000, and a gift of $6 million will be assessed on $5 million.
UW Signatory: Contact CFR. A number of factors will determine who the proper signatory is for a given agreement. Individual PIs, directors, and chairs are not authorized to sign gift agreements.

Consult the Table of Agreements for links to relevant policies and guidelines.

If the UW is being paid to provide services such as scientific testing, training, program evaluation, curation services, hosting conferences or visitors, performing arts, consultant, field testing, presentations, non-clinical consultation, technical assistance, and other non-sponsored activities or academics services, you will need to prepare a Service Agreement.

Indicators that it is a Service Agreement:

• The primary benefit is the customer; activity is ancillary to the project - UW not responsible for program objectives or overall program progress.
• Billing is typically based on fee schedule, pricing list, per diem, per unit; cost is expressed in an hourly or per unit basis; includes a request for bid or quote. When Federal, the government intends to own all rights to data. Agency refers to “vendor” and not a “contractor,” “awardee,” or “grantee.” Activity is not carried out with intent to disseminate knowledge/publication.

Other important caveats:

• Service agreements should not be used to support activities intended to generate new science or intellectual property. The UW cannot guarantee the protection of trade secrets. If a customer needs explicit lifetime protection of trade secrets or other IP that can only be guaranteed by an individual, a consulting contract would be more appropriate. (See outside work in section 1.)
• If work is being completed outside the US or the Department of Defense is involved in the work, there may be additional concerns or regulations related export control to take into account. This will additional review and approval from the UW OSP Export Control experts. Learn more about Export Controls at the UW.  
• In the event the work requires sharing of personal data and/or student employees will be adding their personal information to external systems, you must ensure that proper agreements are in place for managing the data-sharing relationship. Learn more about FERPA and UW Data Processing Agreements.

If you determine work being completed is a service:

Process: Follow the Service Agreement Process. The department will draft a Statement of Work and submit to the CoE Dean’s Office, who will with the Attorney General and the VP for Global Affairs or Senior Vice President for Finance and Facilities as relevant. If significant edits are required, the Dean’s Office will review with the department submitter for iteration with the customer and service provider as needed.
Overhead: Subject to Institutional Overhead. Note: If the scope of work for the agreement qualifies as a Services Agreement (per the criteria outlined below) but the agreement must be processed through OSP because the federal sponsor or subcontractor requires it, or it is related to existing UW sponsored research, review the guidelines for the F&A rate associated with “Other Sponsored Activities” to determine if that may be the most appropriate rate to use. Submit the request to OSP via eCG1. If you are not sure whether your agreement should be processed through OSP or through COE’s service agreement process, contact osp@uw.edu for preliminary assessment.
Signatories: CoE Dean’s Office, certain cases may also require signatures of VP of Global Affairs, SVP of Finance and Facilities.

Consult the Table of Agreements for links to relevant policies and guidelines.

Equipment brought to the University for use free of charge is considered an equipment loan. While no payment for the equipment is involved, other costs such as shipping, insurance and repair costs may be incurred and need to be covered by a loan agreement that has been negotiated and signed by the appropriate departmental authority. If the equipment is being given outright to the University, it may be considered a gift-in-kind and subject to a gift agreement and other required gift documentation (see Gifts, above).

If you determine it is an equipment loan:

Process: Draft a loaned equipment agreement using the template and submit using the Agreement Request form.  If significant edits are required the Dean’s Office will review with the department submitter for iteration with the customer and service provider as needed.
Overhead: Not applicable. 
Signatories: CoE Dean’s Office.

Consult the Table of Agreements for links to relevant policies, guidelines, and templates.