Section: Research Policy Number: 6-14 Policy Name: Grants, Research and Service Contracts Not Requiring Federal
Compliance Date: April 2, 2004 Revisions: January 18, 2008; August 11, 2008; January 1, 2012; November 1, 2012
To facilitate the handling and administration of small grants, research
and service contracts which do not require federal compliance.
College Deans, the Director of DBI, and, with written approval, heads
of other academic units which report directly to the Provost or Vice
Provost for Research at the University of Delaware have the authority to
enter into and administer certain contracts/agreements that have total dollar
amounts up to $50,000. This authority is limited as follows:
The proposed agreement must not require compliance with federal regulations
either directly or indirectly (which includes federal and state "flow-through"
funds). The college or other academic unit is responsible for confirming
that no federal funds are used in support of the project.
There must be no cash or Research Office equipment match required.
There must be no language in the contract/agreement that could expose
the University to any liability claims, financial or otherwise. The University
will not agree to indemnify (assume any financial burden if the intellectual
property is found to be infringing) for intellectual property infringement.
The University will not agree to a general indemnification unless such
indemnification or hold harmless is mutual between the parties and is
of a negligent standard (i.e., includes terminology reading "negligent
acts or omissions"). Any proposed deviations from these terms require
Research Office review and Risk Management approval.
As stated in University Policy 6-6 and 6-7, the University retains ownership
of all intellectual property (i.e., patents, copyrights, trademarks, etc.)
which results from work at the University. In certain cases the University
will agree to joint ownership or no claim of ownership in copyrightable
materials created by University personnel. These exceptions are handled
on a case by case basis and require Research Office approval.
In order to adhere to fundamental academic principles, the University
retains the right to publish all (any) results from work carried out by
University personnel. Agreements must not contain language that restricts
this ability to publish. However, under certain circumstances a period
of time for sponsor review prior to publication may be included to permit
an evaluation of possible protection of intellectual property.
The University, as an entity, cannot agree to keep information confidential.
Should a sponsor require a confidentiality agreement, the principal investigator,
should they agree, may, as an individual, enter into such an agreement.
Colleges and other academic units must maintain complete records to
support invoices and reports including maintaining effort reports to properly
reflect match of salary dollars.
Colleges and other academic units are resonsible for all financial,
technical, and other reports as required by the sponsor. This responsibility
rests with the College Dean, Director of DBI, or head of other academic
units directly reporting to the Provost or Vice Provost
for Research (if approved).
Colleges are responsible for all billing and other financial aspects
of the contract/agreement, including close-outs.
If all the above requirements are met, the college or other academic
unit may sign an agreement and administer the contract.