Before accepting an award on behalf of the University, the OSP Grants and Contracts Officer team reviews all terms and conditions, regardless of the sponsor, and is responsible for negotiating appropriate remedies if an award fits into one or more of the following categories:
- Contains provisions that are incompatible with the University’s policies on sponsored research;
- Is inconsistent with the Uniform Administrative Requirements, Cost Principles, and Audit requirements for Federal Awards (Uniform Guidance);
- Fails to include all elements agreed upon between the parties prior to the award;
- Requires modification to conform to the Principal Investigator’s needs for a specific project; and/or
- Includes non-standard terms that may require consultation with other offices, including the Office of Technology Development, the Office of the General Counsel, the Office of the Vice Provost for Research, the Harvard Trademark Program, Risk Management & Audit Services, etc.
Once the terms and conditions have been reviewed and agreed upon, the award is signed by an authorized signatory on behalf of the President and Fellows of Harvard College.
Common Institutional Concerns During Review and Negotiation
- Intellectual Property
- Publication restrictions
- Use of Harvard’s name
- Indemnification and liability
- Insurance requirements
- Confidential/proprietary information
- Export controls
Office of Technology Development
Government- and foundation-sponsored research agreements with non-standard patent, copyright, or licensing terms, require OTD review and approval.
The responsibility for the review and approval of industry-sponsored research agreement at the University lies with the Office of Technology Development (“OTD”). OTD is familiar with the multitude of issues raised by such agreements, including those related to ownership of intellectual property and licensing rights. OTD should be consulted in the first instance when a relationship with private industry is being contemplated.
One area that requires consideration, and where industry-sponsored research differs from government- and foundation-sponsored research, is when equipment and/or facilities involved in the research have been financed through the issuance of tax-exempt bonds. Internal Revenue Code regulations governing such research impose certain requirements on the licensing of intellectual property that arises from research sponsored under such agreements.
For additional information, please visit the Office of Technology Development or the Office of Treasury Management.
Office of the Vice Provost for Research
The Grants and Contracts Officer team may consult with the Office of the Vice Provost for Research on several policy and compliance-related topics during the review of a sponsored research agreement, including academic freedom, export controls, publication restrictions, research data management, and international activities.
Office of the General Counsel
When negotiating the terms and conditions of sponsored awards, the Grants and Contracts Officer team may consult with the Office of the General Counsel on a variety of research-related issues, including but not limited to international law, copyright and intellectual property matters, data privacy concerns, and regulatory compliance.