THE UNIVERSITY OF WISCONSIN-MADISON
RESEARCH AND SPONSORED PROGRAMS
NOTICE 2001-1
AUGUST 21, 2000

TO: Deans, Directors, and Department Chairpersons, Department Administrators and Secretaries (for distribution to PIs and Sponsored Projects Administrators)
FROM: William J. Vance, Assistant Dean
SUBJECT:  Material Transfer Agreements

As part of the University’s continuing effort to streamline the processing of Material Transfer Agreements (MTA), we have joined a group of non-profit institutions using a Uniform Biological Material Transfer Agreement (UBMTA).  This Notice updates University policies and procedures to utilize the new UBMTA documents and expedited processes.  These policies and procedures should be followed when "Research Material" is being sent to, or received from, other individuals or organizations.  This Notice replaces RSP Notice 94-3, published in November, 1993.  For your reference, attached is an earlier memo from Dean Virginia Hinshaw addressing issues related to the processing of MTA.

Out-Going Materials

IMPORTANT NOTE!  If the Wisconsin Alumni Research Foundation (WARF) owns the technology, please contact Dave Kettner at 265-9532 to obtain the appropriate form.

  1. Attached is a copy of the UBMTA that was developed to simplify the transfer of biological materials between non-profit institutions.  The UBMTA was a collaborative effort by major research universities, the National Institutes of Health and the Association of University Technology Managers.  An "Implementing Letter" agreement (copy attached) was developed for the actual transfer of the materials.  It is anticipated that the UBMTA and “Implementing Letter” can be used for most transfers of materials between non-profit institutions.  Where a particular institution is not a party to the UBMTA, a “Simple Letter Agreement for Transfer of Non-Proprietary Biological Material” (copy attached) may be used.

  2. For instructions on how to obtain electronic versions of the UBMTA, “Implementing Letter”, or “Simple Letter Agreement of Non-Proprietary Biological Material”, and the Signatories to the UBMTA, please see our Web site at http://www.rsp.wisc.edu/policies/mtaguide.html.
     

  3. The Principal Investigator must confirm that the Recipient Organization is a party to the UBMTA.  If the Recipient Organization is a signatory to the UBMTA, the Principal Investigator should complete the “Implementing Letter”, sign and send it to Research and Sponsored Programs (RSP) at 750 University Avenue.  If the Recipient Organization is not a party to the UBMTA, the Principal Investigator should complete the “Simple Letter Agreement for Transfer of Non-Proprietary Biological Material” and send it to RSP.

  4.  
  5. By signing the “Implementing Letter” or “Simple Letter Agreement for Transfer of Non-Proprietary Biological Material”, the Principal Investigator certifies that there are no restrictions on the transfer of Material arising from an agreement with an extramural sponsor or other provider of material.

  6.  
  7. Only a Principal Investigator may agree to transfer Material.

  8.  
  9. An Extramural Support Transmittal Form (T-Form) is not required.

  10.  
  11. RSP will send the “Implementing Letter” or “Simple Letter Agreement for the Transfer of Non-Proprietary Biological Material” to the Recipient Organization, at the address identified in the letter, and request that it be signed by the Recipient Organization, as appropriate, and returned to RSP.

  12.  
  13. Any modifications to the MTA will be negotiated by RSP.

  14.  
  15. RSP will send a copy of the fully executed MTA to the PI and advise that the Material may be shipped.
In-Coming Materials
  1. The MTA must be routed through administrative channels using an "(T-Form) to RSP.

  2.  
  3. The Principal Investigator must identify in the "Project Title" section of the T-Form “Material Transfer Agreement” and indicate the specific fund and account number(s) of the project(s) that will support the research using the materials, i.e. the appropriate 133, 144, 128, 101 fund/acct.).

  4.  
  5. If the Material will be used in conjunction with funds that have conflicting patent issues, or if the MTA has a clause that conflicts with State or University policy, RSP will negotiate the necessary changes with the donor.  Upon successful negotiations, the MTA will be signed and returned to the donor.

  6.  
  7. If the donor will not agree to the required changes, RSP will seek advice from Legal Services or WARF.

  8.  
  9. If the Material will be used in conjunction with projects identified with no conflicting patent policies, and the MTA does not violate any other State or University policy, it will be signed by RSP and returned to the donor.

  10.  
  11. Principal Investigators should encourage donors to use the “Simple Letter Agreement for Transfer of Non-Proprietary Biological Material” whenever possible.  It can also be used to show a donor alternative language in those instances when the University has a problem accepting the donor's agreement.

If you have any questions about these policies and procedures, please discuss them with your Dean's office or contact Mark Doremus 262-0153.

xc:  School/College Research Administrators


Links and contact names/number have been updated on: October 12, 2005
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