Section 16.4.2 - Technical Testing Services Agreement
Date: August 2007
Approved: Senior Associate Vice President for Business and Finance
Under certain circumstances, the University may conduct specified tests on a contractual service basis for individuals, institutions, or commercial entities (Applicant) using special or unique University facilities. The University's performance of these technical tests is justified only when the following criteria is met: (1) the desired facilities do not exist elsewhere or are not readily accessible; (2) the tests to be performed involves established methods of a primarily technical nature that can be specified in advance; and (3) the work does not entail original, creative research. Before the University agrees to perform technical testing, the unit executive officer must make a considered judgment regarding the appropriateness of the proposed work.
In order to provide technical testing services, the University must first enter into an agreement with the Applicant, using the approved Technical Testing Services Agreement Form (Agreement). Unless the approved form is used without modification, agreements are subject to review by University Counsel.
The Applicant will pay the University a fee sufficient to cover all direct and indirect costs incurred by the University to perform the service, including use of University facilities, equipment, and personnel used in carrying out the work.
Before any testing can begin, the University and the Applicant must enter into a Technical Testing Services Agreement Form in the approved format. The Agreement must specify both the methods to be used and the objectives toward which they will be applied. The Agreement typically will include a statement of work that describes the testing methods and objectives.
Total fee less than $5,000 – The unit providing the testing services must complete an Agreement form and obtain the signature of an authorized representative of the Applicant. The unit executive officer may execute the Agreement on behalf of the University; however, the faculty member must also sign the Agreement. A copy of the executed Agreement and a budget for the testing services must be sent to the Grants and Contracts Office, Post-Award Administration, 1901 S. First Street, MC-685. Testing services should not commence until there is a fully-executed Agreement.
Total fee $5,000 or more – The unit providing the testing services must submit the following to the Office of Sponsored Programs and Research Administration: a completed Agreement form signed by the unit executive officer, the responsible faculty member, and an authorized representative of the Applicant; a proposal transmittal form; and a budget. The Office of Sponsored Programs and Research Administration reviews and approves the documents, and obtains the signature of the Comptroller and the Secretary of the Board of Trustees. Testing services should not commence until there is a fully-executed Agreement
Agreements with federal funding of any amount - The unit providing the testing services must submit the following to the Office of Sponsored Programs and Research Administration: a completed Agreement form signed by the unit executive officer, the responsible faculty member, and an authorized representative of the Applicant; a proposal transmittal form; and a budget. The Office of Sponsored Programs and Research Administration reviews and approves the documents, and obtains the signature of the Comptroller and the Secretary of the Board of Trustees. Testing services should not commence until there is a fully-executed Agreement
Total fee less than $5,000 – The proceeds and expenditures related to these projects must be accounted for in a revolving fund.
Total fee of $5,000 or more – Grants and Contracts Office, Post-Award Administration will establish a sponsored project fund for each project. All proceeds and expenditures related to a particular project must be recorded in the fund established.
Conditions and Arrangements
The unit executive officer typically arranges the testing services to be performed by staff as part of their employment with the University, when necessary or desirable, special assistants may be employed to conduct a special test or investigation. Subject to prior written approval of the unit executive director and college dean, and subject to a conflict of interest review (see Policy on Conflicts of Commitment and Interest), faculty members or academic professional employees may enter into a contract with the University to use equipment or facilities on their own time and under their personal responsibility. In all events, the unit must schedule tests so they do not conflict with the University's educational and research programs.
The University unit conducting the test and the Applicant should understand that technical tests are not cooperative research investigations. The University makes no claim of ownership with respect to the resulting observational data, information, or other test results specified in the statement of work. The University does not seek a proprietary position in the Applicant's intellectual property. In situations, where a potentially patentable invention may result from the testing work, or if there is a question of whether the proposed work qualifies as testing or research, the unit executive officer should consult with the Office of Sponsored Programs and Research Administration before agreeing to perform the work as technical testing.
The University will use all reasonable efforts to conduct the testing in accordance with the statement of work and accepted professional standards. The University exercises reasonable care of testing materials delivered to the University, but will not accept responsibility in case of loss or damage. The University will not be liable for use of the test results, or any loss, claim, damage, or liability of any kind that may arise in connection with the work.
For Additional Information
Questions related to the University's technical testing policy and negotiation of agreements should be directed to the Office of Sponsored Programs and Research Administration (main phone number, 217-333-2187). Questions related to post-award administration should be directed to the Grants and Contracts Office, Post-Award Administration. For a staff directory, see the Grants and Contracts, Post-Award Administration Web site, Contact Information.
Please send questions regarding this policy manual to OBFSPolicies@uillinois.edu.
Last Updated: March 23, 2008