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A research Memorandum of Agreement (MOA) is a formal, legally binding document that outlines the terms and conditions of a partnership between two or more parties. Unlike a research Memorandum of Understanding (MOU), which is often non-binding, a research MOA typically involves specific obligations, financial commitments, or resource-sharing agreements that both parties are legally required to fulfill.  A research MOA should be used if the parties exchange financial or material (requiring monetary obligation) resources.

If you receive/have an MOA and are unsure how to advise the requestor, follow these steps:

• Use the ����Vlog Research MOA Template – All ����Vlog research MOAs must use the official ����Vlog research MOA template to ensure consistency in formatting and compliance. If an external party provides an MOA, it should be reviewed to determine if the ����Vlog template should be used instead.

• Format for Review – The research MOA should be provided in an editable format (Word or Google Doc) with proposed terms and institutions clearly listed.

• Initial Vetting – The research MOA must be reviewed and approved by the requestor’s supervisor, Dean, or Director before further processing.

• Determine Signing Authority – Identify who needs to sign the research MOA (Provost, VCR, etc.) based on the scope of the agreement.

• Research-Related MOAs – If the research MOA involves research and requires VCR approval, the VCR will review the research MOA and forward it to the Research Compliance Officer (RCO) for a compliance check. Legal review will be needed, the RCO will consult with General Counsel (GC).

• Finalizing the Document – The RCO will work with the requestor to finalize the research MOA and ensure all necessary approvals are in place.

• Signature Routing – Once all reviews are complete, the RCO will route the research MOA for signature.
• Filing & Record Keeping – After execution, the RCO will file the signed research MOA in OnBase for official record-keeping, and a copy will be emailed to the requestor.

• Collaborative Research Projects
  A university and a private company partner on a research project that involves funding contributions, data sharing, and intellectual property (IP) rights.
  
  Why a research MOA? The agreement outlines each party's financial obligations, research contributions, and how any resulting intellectual property will be handled. 

• Grant-Funded Research Agreements
  A university receives federal or private grant funding and partners with another institution or organization to conduct part of the research.
  
  Why a research MOA? The agreement clarifies how the grant money is allocated, each party’s research responsibilities, and compliance with grant requirements. 

• Financial Commitments and Cost-Sharing Agreements
  Two universities agree to co-fund a research initiative or share costs for laboratory equipment and personnel.
  Why a research MOA? Since financial contributions and resource sharing are involved, a research MOA ensures clarity on funding responsibilities and payment terms. 

• Shared Facilities and Equipment Use
  A company and a university agree to share laboratory space and specialized equipment for a joint research project.
  Why a research MOA? The agreement defines who maintains the equipment, scheduling policies, and liability for damages.

• When a formal, enforceable agreement is needed
• When funding, reimbursements, payments, or financial responsibilities are involved
• When parties are sharing intellectual property (IP), equipment, or resources
• When compliance with legal or regulatory obligations is required

Key Features of an MOA

1. Legally Binding - A research MOA serves as a contractual agreement that holds all parties accountable
2. Defines Roles and Responsibilities - Clearly outlines what each party is expected to contribute
3. Includes Financial Obligations - Specifies funding, reimbursements, payments, or resource-sharing arrangements
4. Establishes a Timeline - Defines the duration of the agreement and conditions for renewal or termination

Ensures Compliance - Aligns with institutional, state, and federal regulations when applicable

“Export Controlled Information” means confidential technical information that is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of commodities controlled under the Commerce Control List of the Export Administration Regulations or the U.S. Munitions List of the International Traffic in Arms Regulations. Export Controlled Information does not include information in the public domain, as that term is defined in the applicable regulations (EAR Part 772 or ITAR 120.11); information concerning general scientific, mathematical, or engineering principles commonly taught in universities; basic marketing information on function or purpose or general system descriptions, or information resulting from the performance of fundamental research.

����Vlog has many students and faculty who are non-U.S. persons, and ����Vlog uses some information systems (e.g., cloud services) that are not certified to receive Export Controlled Information. The transfer of Export Controlled Information is prohibited under this MOA in Research unless the Receiving Party’s Export Compliance Officer has provided written permission. Should one Party believe it is necessary to disclose Export Controlled Information, that Party (the “Disclosing Party”) shall notify the Receiving Party’s Export Compliance Officer and provide a description of the information, including the applicable export jurisdiction and classification for the associated commodity. The Disclosing Party will abide by any instructions provided by the Receiving Party for the transmittal of Export Controlled Information. Neither Party is obligated to accept Export Controlled Information and will incur no contractual liability for refusal to accept Export Controlled Information.

����Vlog is unable to ship any equipment abroad without the express prior approval of the University’s Export Compliance Officer.

 

• Duration and Termination
  • States the effective start and end date of the agreement
  • Defines the process for renewing, amending, or terminating the research MOA
  • Specifies conditions under which either party may exit the agreement with prior notice

• Purpose and Scope
  • Defines the objective of the agreement and what both parties intend to accomplish
  • Describes the scope of activities, projects, or programs covered under the research MOA

• Roles and Responsibilities
  • Clearly defines the obligations and duties of each party

• Intellectual Property (IP) and Data Use
  • Establishes ownership rights for any intellectual property, research findings, or jointly developed materials
  • Defines how data sharing, confidentiality, and publication rights will be handled
  • If applicable, includes clauses for revenue-sharing agreements

• Parties Involved
  • Lists the institutions, organizations, agencies, or entities entering into the agreement
  • Includes the names, roles, and contact details of key representatives

• Financial Responsibilities
  • Specifies how funds, reimbursements, payments, and financial commitments will be handled
  • Includes details on payment schedules, cost-sharing agreements, and financial reporting requirements
  • If no financial obligation exists, the research MOA should state that no funding is exchanged

• Amendments and Modifications
  • Describes the process for making changes to the agreement
  • Requires all modifications to be approved in writing by both parties

• Dispute Resolution
  • Outlines the process for handling disputes or disagreements between the parties
  • May include mediation, arbitration, or legal action as necessary

• Record Keeping and Documentation
  • Requires that a signed copy of the research MOA be maintained by the Office of Research Integrity and by all parties involved 
  • Specifies that records may be stored in ����Vlog's database (OnBase)

• Compliance with Laws and Institutional Policies
  • Ensures compliance with all federal, state, and institutional regulations
  • Ensures adherence to IRB, IACUC, Biosafety (IBC), and Export Control laws

• Signatures and Authorization
  • Lists the names and titles of authorized representatives signing the research MOA
  • Ensures that only those with institutional authority execute the agreement