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Administrative Manual - 600 Outreach Programs

604 Memorandum of Agreement / Memorandum of Understanding (MOA/MOU)

  1. POLICY
    1. Definition
      1. An MOA (occasionally referred to as an MOU when one of the parties is a government agency) is a written agreement broadly stating basic understandings and the associated responsibilities for coordinating collaborative activities to be engaged in by Jefferson Lab investigator(s) and other institutions.
      2. Such agreements are not intended to be binding contracts and should not be used to embody enforceable agreements; nor are they used to obligate or commit funds or as the basis for the transfer of funds from one party to another. If within the collaborative agreement, the transfer of funds or property is anticipated, a separate contractual or other reimbursable instrument must be developed between Jefferson Lab and the participating organization.
      3. Before an agreement is fully executed, Jefferson Lab reserves the right to revise the draft document as needed.
    2. Components
      1. The MOA/MOU must begin with an introductory statement that incorporates background, purpose, and a policy statement which defines support for specified elements of the Lab’s mission.
      2. The MOA/MOU must also include management and program guidelines that encompass the collaborative efforts and/or responsibilities of the parties, planned funding, and reporting on research/ collaboration results.
      3. The MOA/MOU must include an administrative component that incorporates (as necessary) intellectual property rights (patents and technical data), publication rights, equipment ownership, export control requirements, term and termination, amendment and modification clause, and the effective date of the agreement.
  2. PROCEDURE
    1. APPROVAL PROCESS
      1. The principal investigator must obtain preliminary verbal approval from the cognizant Associate Director, Chief Scientist, CFO, CIO, or CTO (or CXO) prior to developing a draft agreement.
      2. After developing a preliminary draft agreement, the Jefferson Lab principal investigator shall coordinate an internal Lab review of the draft agreement utilizing the MOU/MOA Coordination and Review Sheet. The Lab reviewers will determine if the agreement anticipates the commitment of funds, loan of equipment, intellectual property rights, presents potential conflicts of interest or other matters, and provide comment as necessary.
      3. After review and coordination within the Lab, the principal investigator shall coordinate the preliminary draft agreement with the other institution(s). Any changes to the Lab approved draft, by the other institution(s), will be reviewed by JLab Legal Counsel. Once the terms and conditions have been agreed upon by all parties, the principal investigator shall forward the agreement to the appropriate Signature Authority for final review and approval. (Please note B. 2 - below).
      4. After obtaining a fully executed agreement from the Signature Authority, the principal investigator is responsible for distributing copies to the appropriate division office. The principal investigator is also responsible for ensuring that the fully executed original is provided to JLab Legal Counsel.
    2. SIGNATORY AUTHORITY
      1. Associate Director, Chief Scientist, CFO, CIO, CTO (CXO) – signatory authority to execute MOA/MOUs provided the agreement involves a staff member within his/her division/department, does not anticipate the transfer of export controlled equipment, does not involve a significant contribution by the Laboratory and does not designate the AD, CS or CXO as a team member in the collaboration. (A significant contribution is defined as a financial and/or material commitment greater than $100,000.)
      2. Laboratory Director – signatory authority required if MOA/MOU involves export controlled equipment, a significant financial or material contribution of the Laboratory greater than $100,000, or if an AD, CS or CXO is a team member in the collaboration.

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