Contracts and Terms

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GENERAL INFORMATION

• All cooperation that commits UiB scientifically, financially or in any other manner requires a written contract
• The University of Bergen is the formal party to the contract (i.e. UiB is the "Project owner"). Neither the project leader nor the head of department (where the project leader is employed) are to be considered the contractual party .
• Most contracts are prepared in two copies. The contract can be drafted eeither by the one party, by UiB or in cooperation between the two
• Contract negotiations: Be aware that UIB can always suggest changes to a contract, even though the other party already has signed it.
• Any appendix to the contract constitutes part of it and is as binding as the main text. Before the contract can be signed, all appendices must be available in their final form.
• Upon signature of the contract by both parties, each one keeps one original. UiB´s original is kept in the archive at the Department of Research Management while copies are held by the project leader and the Department´s administration.

TYPES OF CONTRACTS

Research contracts cover many situations such as the provision of funding in connection with a research project and the exchange of confidential information and research tools or materials. Contracts are entered into with a wide range of external bodies, including other universities, companies, government departments and agencies, charities and individuals. What kind of agreement should be used depends on what is to be regulated and is summarized below:

1) Research Projects

• Agreement with institution or industry (external funding)  
  • Standard/Model contracts
    • Example: RCN, EU
    • A specific description of work in each project must be include
  • Negotiated agreements
    • Service agreements/commissioned research
    • Sponsored research
• Cooperation agreements
  • Between cooperating institutions in a project
    • Example: RCN, EU
  • Between two academic institutions without external funding
  • Between UiB and industry, which involve elements of both funding and cooperation
• Subcontracts
  • Agreement with a third party for the delivery of services
    • Formal requirements for public tender/procurement and VAT
    • Subcontracting in a research project does not relieve the main contractor of its responsibility to deliver results to the funding institution.

 2) Sharing of information and materials

• Confidentiality agreement/Non-disclosure agreement
  • Agreement to treat information confidentially; often part of a research agreement
  • Possible conflict with respect to publication
• Material Transfer Agreements (MTA)
  • Agreement on the transfer of materials
    • e.g. antibodies, assay materials, bacteria, cell lines, compounds, cultures, DNA fragments, nucleotides, plant varieties, plasmids, proteins, prototypes, as well as materials used in engineering and physical science applications. “Materials” often include progenies and derivatives.

3) Commercialisation

Patent option agreements, licences etc.

• Patent option agreements, licences etc.
• To be handled by Bergen Teknologioverføring AS (BTO)

 4) Publishing

• Agreements with publishers on the publication of articles, books etc.
• To be handled by the researcher

SIGNATURES

General signing procedure (for RCN grants, collaboration with industrial partners, etc)
Authorisation to sign research contracts has been delegated by the University Director to the Director of the Department of Research Management (or his/her deputy; hereby called the Research Director). Before a contract is signed by the Research Director, it must be countersigned by the Head of Department, to confirm that the project lies within the Department’s research field and that the Department has competence and resources (premises and infrastructure) to implement the project. For contracts dealing with applied research, a countersignature by the researcher involved might be requested as well.

The general signature procedure thus include the signatures from

1. Research Director
2. Countersignature 1: Head of department that employes the project leader
3. (In some ocassions: Countersignature 2: the project leader)

Specific signing procedure for EU contracts
Contracts for projects with financing from the European Commission are signed by the Director of the Department of Research Management (or his/her deputy) without the Head of Department countersigning. Instead the following procedure applies:

Before the researcher submits a proposal to the EC Commission, he/she must complete and sign an authorisation form which is countersigned by the Head of Department. This form is then sent to the Department of Research Management together with the application and budget. In the event that UiB and the researcher are invited to negotiations by the EC Commission, the Department of Research Management will inform the Department concerned and request feedback on any major changes in the proposal.