The formalization of a contract at the request of a business company regulates the implementation of scientific, technical or artistic work, or specific training activities, by a university research group. The contract establishes the objectives, work plan, execution period, economic conditions, and where appropriate, the conditions relating to ownership and exploitation of the research results.
A contract will be entered into if any of the following conditions are met: economic considerations exceeding 12,000 €, an execution period exceeding 12 months, or when it is necessary to expressly regulate the conditions relative to the ownership of results, publications or liabilities of the parties.
TYPES OF CONTRACTS
The type of contract to formalize will depend upon the nature of the activities under consideration by the UMH researchers. These are the most frequent:
Consulting and Technical Assistance Agreement
A contract for consulting services, issuance of an opinion or a diagnosis by the researcher or research group specialized in the matters of interest of the contracting third party. No new knowledge is expected as a result. Consulting and Technical Assistance Agreement
Technological Support Agreement
A contract for the application of existing scientific knowledge and University resources towards a resolution of a practical necessity by the contracting third party. No new knowledge is expected as a result. Technological Support Agreement
R&D Project Agreement
A contract for conducting activities that are expected to result in new knowledge and/or a resolution to a scientific/technological uncertainty of interest to a contracting third party (If you need this model, please contact the SGI-OTRI directly).
HOW ARE CONTRACTS AND AGREEMENTS FORMALIZED?
3. The activity is completed by the work group and the third party billed under the conditions contained in the contract/agreement.
CONTRATACTING BY PUBLIC ENTITIES
When the contractor is the Public Administration, a common procedure is to award a minor contract (if minor than 18,000 €) or issue an invitation to tender, procedures that are also part of Art. 83 of the LOU (Organic Law 6/2001 of 21 December of universities) and those that the UMH Regulations for contracting scientific, technical or artistic work, teaching specialization and specific training activities are equally applicable toward as well as the remaining associated regulations.
In these cases, the file will begin with the production of a document describing the activity by the Researcher Responsible.
– In the case that file involves submission a tender, the descriptive document mentioned will be accompanied by the necessary documentation for the proposal preparation, as are listed next:
- Copy of the official call publication
- Administrative clauses
- Technical specifications
- Technical proposal
All bids must be signed by the Vice Rector for Research and Innovation, subsequent to having acquired all complementary information by part of the different university administrative units within the framework of their powers.
In the event that the university is awarded the contract, the SGI-OTRI will take care of the necessary arrangements to obtain the signature of the University’s legal representative.
– For minor contracts, the aforementioned descriptive document will be accompanied by the expense approval by part of the contracting entity or substitute documents.