Contracting Services at ASU supports faculty, staff, and students by developing, negotiating, and executing agreements for projects. This ensures that contracts are compliant with institutional policies and external regulations while fostering research collaborations across various sectors.

Contracting Services assists researchers and faculty by managing agreements related to research, including sponsored research agreements, subawards, external sales or services agreements, non-disclosure agreements (NDAs), data use agreements (DUAs), and material transfer agreements (MTAs). They provide guidance on contract terms, compliance issues, and ensure that agreements protect ASU’s and researchers’ interests.

Contracting Services can also help to facilitate agreements between researchers and other ASU internal departments such as Skysong Innovations (for Intellectual Property/IP related issues), Research Integrity (for compliance related to various required reviews of research) or General Counsel or Risk Management (for certain other nonstandard contract terms).

Contracting Services can also review Requests for Proposal (RFPs) to ensure that the terms and conditions are acceptable to ASU prior to submission of proposals.

Contracting Services manages a variety of contracts, including:

• Sponsored Research Agreements (SRAs)
• Non-Disclosure Agreements (NDAs)
• Material Transfer Agreements (MTAs)
• Data Use Agreements (DUAs)
• Subawards
• Collaboration agreements
• Fee-for-Service agreements

A Sponsored Research Agreement is used when ASU is conducting paid for research for an external party. Sponsored Projects are scholarly activities integral to ASU’s teaching, research, and service mission.

These agreements typically involve intellectual property creation, regulatory compliance, and may involve cost-sharing responsibilities between the parties. Sponsored projects usually require the intellectual contribution of an ASU employee.

Resource: Distinguishing sponsored projects from fee for service agreements

• NDA (Non-Disclosure Agreement): Protects confidential information shared between parties during collaborations, discussions, or negotiations.
• MTA (Material Transfer Agreement): Governs the transfer of tangible research materials, such as biological samples, chemicals, or physical materials between institutions.
• DUA (Data Use Agreement): Regulates the sharing of research, sensitive or restricted data between organizations, ensuring that data is handled responsibly and in compliance with legal, regulatory, and ethical guidelines.

Resource: Nondisclosure agreements, data use agreements and material transfer agreements

• A subaward is needed when another institution or organization will perform a portion of a grant’s programmatic effort.
• To request a subaward, researchers need to submit a scope of work, budget, budget justification, and relevant documentation, including possible registrations, through the ERA system.
• The subaward process is managed by Contracting Services’ subawards team in collaboration with the PI.

Resources: Subaward basics, Manage Subawards in ERA, and Subrecipient vs. vendor / contractor vs. consultant.

• A fee-for-service agreement covers routine, standardized work, such as for example testing, where little or no intellectual or scholarly contribution or interpretive analysis is required from ASU researchers. Often the department has set pricing for the service(s).
• A sponsored project involves research and intellectual input from ASU, often leading to new knowledge, innovations, or inventions.

Resource: Distinguishing sponsored projects from fee for service agreements.

Collaboration agreements establish the terms under which two or more parties will work together on a research project. These agreements will outline the responsibilities and contributions of each party to the collaboration and often include provisions for sharing resources, intellectual property rights, data use, and compliance with applicable regulations.

The processing time for contracts varies depending on the complexity of the agreement and the parties involved. For most contracts, expect a lead time of10-15 business days for initial processing. Please consider this timeline when submitting your contact for review.

Common reasons for delays include, but are not limited to:

• incomplete documentation,
• revisions to contract terms,
• the need for additional approvals (e.g., legal, compliance),
• and external negotiations with sponsors or collaborators.

Early communication with Contracting Services and prompt submission of required materials can help avoid delays. Use of ASU approved agreement templates can help expedite the contracting process.

Templates can be found by searching in ERA Agreements by filtering Task ID and then entering TEM type, an additional filter using Brief Description and typing in the type of agreement in the Brief Description field will assist in locating the agreement template.  Templates can also be provided by reaching out to Contracting Services.

If you have an urgent request, mark your email with a “High Importance” flag and contact Contracting Services directly. Be sure to provide all relevant details to expedite the process including the basis for the urgent review request.

Only individuals with delegated signature authority from the ASU President can sign contracts on behalf of the university.

These authorized signers include members of the Research Operations and Knowledge Enterprise teams, such as Heather C. Clark (Assistant Vice President, Research Operations), Executive, Assistant or Associate Directors for Research Operations and Debra Murphy (Director, Knowledge Enterprise Operations).

Researchers or PIs generally do not have signature authority.

If an unauthorized person signs a contract, the agreement is not legally binding, and ASU cannot be held accountable. This may require renegotiation of the contract and cause delays in project initiation.

Before submitting a contract for signature, confirm that the agreement is routed through the appropriate channels, such as Contracting Services, to ensure it reaches an authorized signer. The Office of General Counsel also maintains a list of those with Contact Signature Authority. However, please check with Contracting Services to confirm authority to sign contracts.

When collaborating with an external organization, contact Contracting Services early in the process to determine what type of agreement is needed (e.g., NDA, MTA, or subaward). Provide the necessary information about the collaboration and follow guidance to ensure compliance with ASU and external requirements.

• For transferring materials, you will need a Material Transfer Agreement.
• For sharing sensitive or restricted data, a Data Use Agreement is required.

These agreements ensure that materials and data are used responsibly and in accordance with legal and ethical standards.

• MTAs are needed when transferring physical materials (e.g., biological samples).
• DUAs are required for use or sharing of sensitive data.

A subaward is a legally binding agreement issued when a substantive portion of a sponsored project or award will be performed by another entity. Subawards are issued when external collaborators are contributing significant programmatic effort to the project.

Resources: Subaward basics and Manage Subawards in ERA

The ASU PI is responsible for overseeing the progress of the subrecipient, ensuring that deliverables are met, and approving invoices. Regular communication with the subrecipient PI is crucial to ensure the project stays on track.

Resources: Subaward basics and Subrecipient vs. vendor / contractor vs. consultant.

Required documentation includes a scope of work, budget, budget justification, subrecipient commitment form or letter, and any other sponsor-required documents.

These must be submitted through the ERA system for processing.

Resources: Subaward basics, Manage Subawards in ERA, Subrecipient vs. vendor / contractor vs. consultant, and Forms and Templates.

• Subrecipients are assessed for risk based on factors such as financial stability, prior audit findings, qualifications of technical expertise, and compliance history.
• High-risk subrecipients may require additional monitoring or conditions in the subaward agreement.

Resources: Subaward basics and Subrecipient vs. vendor / contractor vs. consultant.

• If you are sharing confidential or proprietary information with an external collaborator, an NDA should be in place to protect the information prior to the exchange of any confidential information.
• Contact Contracting Services to initiate the NDA process.

• Sponsored projects involve intellectual contributions, research, and often result in new knowledge or publications. Fee-for-service agreements cover routine tasks with no research component.
• If you are unsure, consult Contracting Services for guidance or undertaking review of the proposed project and work for the purposes of making a determination.

Resource: Distinguishing sponsored projects from fee for service agreements.

External consultants should be covered by a service agreement that outlines the scope of work, payment terms, and deliverables. Contact Contracting Services to ensure that the appropriate agreement is in place.

Resource: Subrecipient vs. vendor / contractor vs. consultant.

•  For general inquiries, contact [email protected].
• Industry agreement general inquiries, contact [email protected].
• For subawards or specific agreement types like NDAs or DUAs, reach out to the appropriate team.

Contact the Contracting Services team at [email protected].

Email [email protected] with the necessary documents and details about your project.