working with industry · 11/11/2020 · • university resources on working with industry • osr...

8th Annual Symposium for Research

Administrators

Working with Industry

Joonhyung ChoDirector of Business Development, Industry RelationsUniversity Development Office

Chrissy KinkadeAssistant Director of Business Development, Industry Relations University Development Office

Liz PowellAssistant Director of ContractingOffice of Sponsored Research

November 11, 2020

2 0 2 0 S Y M P O S I U M F O R R E S E A R C H A D M I N I S T R AT O R S 2

Learning Objectives

• Define roles and responsibilities in working with industry• Describe how working with industry differs from other sponsors• Identify important contract provisions in industry agreements• Outline impact of COVID-19 on industry projects


Disclaimer

• Discussing non-clinical (non-interventional) sponsored research, which includes:• Work that is parallel, or complimentary, to the faculty member’s regular work,

including federally funded work• A commercial application or extension of previously funded work

• NOT discussing• Consulting• SBIR/STTR – just follow Federal guidelines

BEFORE WE START

2 0 2 0 S Y M P O S I U M F O R R E S E A R C H A D M I N I S T R AT O R S

Roles and Responsibilities

WORKING WITH INDUSTRY


Industry Relations Team• Unit in the University Development

Office (UDO)• Team of 2 handling industry research

partnerships• Works with other UNC offices• Leads/supports life cycle of research

business development: Single point of contact to industry partners Engagement strategy development Communication of corporate priorities

and interests to university constituents Closely work with faculty and staff on

industry proposals

Industry Contracting Team• Unit in the Office of Sponsored

Research (OSR)• Team of 15 (clinical and non-clinical)• Lead all industry contract

negotiations for: Sponsored research agreements Data use agreements Non-disclosure agreements Clinical trial agreements Service Agreements

ROLES AND RESPONSIBILITIES

Roles of Central Offices – OSR and UDO


Role of Principal Investigator (PI)

• Working with industry sponsor to develop a project• Partnering with departmental research administrators or business officers

to develop the budget and administrative documents• Working with their scientific liaisons at the industry sponsor• Divulging accurate compliance disclosures• Reviewing intellectual property, commercialization and export control

submissions in RAMSeS IPF• Providing input on the research agreement where necessary

ROLES AND RESPONSIBILITIES


Key Differences



Communication

• Relationship management• University Development Office (UDO) – Industry Relations• Unit development offices

• Managing expectations

KEY DIFFERENCES TO CONSIDER


Funding Overlap

• What types of other funding does the PI have?• Federal government• State and local government• Foreign governments• Industry (domestic/foreign)• Non-profit organizations (domestic/foreign)• Donors



Intellectual Property (IP) and Data Ownership

• Intellectual Property• Is there background IP?• Does the PI have invention disclosures filed with the Office of Technology

Commercialization (OTC)?• Is IP expected to be generated during the course of performance?

• Data• Are we getting data from the industry partner?• How will the data be managed?• How will data be used in the future?• Who will own the data generated during the project?



Endorsements/Use of Names

• Is UNC receiving and/or testing an industry product?• Is the industry partner asking the PI to endorse a product?• Is the industry partner asking to use our logos or the name of PI?



The Proposal

• Not your “traditional” proposal• Usually relatively short and contains less detail compared to grant

proposals• Unless specified in an RFP, there are rarely guidelines and formatting

requirements



Budget and Billing

• Budget format• Detailed v. total

• F&A (indirect rate/overhead) used• 55.5% v. 36% v. 28%

• Billing mechanism• Fixed price v. cost reimbursable



Gifts

• Comes with:• “No strings attached” - No quid pro quo• No deliverables/milestones/restrictions• No F&A applicable

• Most flexible/least restrictive• May be more efficient• University Development Office processes

• Industry Relations• Unit Foundations (e.g. Health Foundation, Pharmacy Foundation and more)



Gifts, cont.

• General purpose may be specified (donor intent)• But, a “restricted gift” from a company may constitute a “grant”

• Is it a sponsored research agreement disguised as a gift?• Industry partner wants to give a PI a gift, but wants a report on the research• Research gift• Certain gifts may trigger COI review• https://research.unc.edu/2017/05/12/gift-vs-sponsored-project/

• There can be both sponsored research funding and a gift• Ex: sponsored research agreement for a specific project and a gift for a

professorship to be decided by the dean



Important Contract Provisions



Important Provisions in an Agreement

• Data and Intellectual property• Deciding who owns what

• Publication• University must reserve the right to publish but can allow for a review period

• Confidentiality• Indemnification and warranties• Scope of work

• Detailed description of the project

CONTRACT PROVISIONS


COVID-19 Impacts



Impacts on Research

• Updates can be found here: https://research.unc.edu/covid-19/• If research can be done remotely, it should be conducted remotely• Reduced capacity on campus as determined by research deans of individual schools

and the College of Arts and Sciences Specific guidelines for working on campus - https://research.unc.edu/covid-19/resuming/all/

• Human subjects research specific guidelines• https://research.unc.edu/covid-19/resuming/human-subjects/

• Research support offices continue to be open and operating remotely to provide full support to the research enterprise

COVID-19 IMPACTS

https://research.unc.edu/covid-19/https://research.unc.edu/covid-19/resuming/all/https://research.unc.edu/covid-19/resuming/human-subjects/


Impacts on Research, cont.

• Hiring - https://hr.unc.edu/covid-19/hr-action-pause/• University system has temporarily suspended all non-essential HR actions including

salary adjustments, position actions (including creating new positions or modifications to existing positions), and recruitment activities (postings, hires, etc.). Exceptions may be granted

• Grant-funded actions – can move forward if fully funded by external funding For these actions, please include in the comments that the position is fully grant funded. Other type of actions, such as reclassifications and

salary increase requests, are subject to the pause on non-essential HR actions. Also, partially grant funded actions of all types must be submitted through the process outlined at go.unc.edu/hractions for Chancellor/Chancellor’s designee review and approval.

COVID-19 IMPACTS

https://hr.unc.edu/covid-19/hr-action-pause/


Confidentiality and Cybersecurity in Remote Work

• Confidentiality• Maintaining confidentiality of all confidential UNC and third-party information Need to know Care in use of personal devices, accounts Importance of non-disclosure agreements (NDA) or confidentiality agreements (CDA)

• Consideration in public disclosure (e.g., social media and webinar)• Cybersecurity

• https://its.unc.edu/workremote/• Virtual Private Network (VPN) – access to remote data• Beware of phishing attempts• Security with data sharing/clouds

COVID-19 IMPACTS

https://its.unc.edu/workremote/


Changes to Project Timelines

• Need to formally document any changes in a contract amendment• No cost extensions – lengthens the period of performance beyond the original

expiration date in order to finish a project without adding to original award amount• Supplemental funding – additional funding through original partnership• Budget/deliverable/milestone revisions – may offer flexibility for funding and

project as work unfolds

COVID-19 IMPACTS


Recap – Key Takeaways



Key Takeaways

• University resources on working with Industry• OSR leads all legal negotiations and is the authorized signatory• Industry Relations can assist with all things related to industry or get you to the

right people

• Multiple offices engage in research partnership with industry• Work with Joon/Chrissy (UDO) and Liz (OSR) to structure the engagement

properly or to talk through COVID-19 impacts on existing projects

• Choose the most appropriate F&A rate (usually 55.5%)• A gift can be part of the sponsored research discussion

RECAP

w w w. s y m p o s i u m .w e b . u n c . e d u | O S R _ S y m p o s i u m @ u n c . e d u

CONTACT US

Joonhyung [email protected] | https://industry.unc.edu/

Chrissy [email protected]| https://industry.unc.edu/

Liz [email protected] |

https://research.unc.edu/sponsored-research/

http://www.symposium.web.unc.edu/mailto:[email protected]://industry.unc.edu/https://industry.unc.edu/https://research.unc.edu/sponsored-research/


Slide Number 1Learning ObjectivesDisclaimerRoles and ResponsibilitiesRoles of Central Offices – OSR and UDORole of Principal Investigator (PI)Key DifferencesCommunicationFunding OverlapIntellectual Property (IP) and Data OwnershipEndorsements/Use of NamesThe ProposalBudget and BillingGiftsGifts, cont.Important Contract ProvisionsImportant Provisions in an AgreementCOVID-19 ImpactsImpacts on ResearchImpacts on Research, cont.Confidentiality and Cybersecurity in Remote WorkChanges to Project TimelinesRecap – Key TakeawaysKey TakeawaysSlide Number 25Slide Number 26

working with industry · 11/11/2020 · • university resources on working with industry • osr...

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