Material Transfer Agreements and Data Use Agreements

If you are seeking the approval of the Institutional Official for your Material Transfer Agreement (MTA) or Data Use Agreement (DUA), please review the information on this page.

All MTAs and DUAs are legal contracts between KSU and the providing (or receiving) entity, and as such must undergo review by various divisions on campus. You should budget enough time to complete this process and obtain signatures before your research materials or data sets can be transferred or purchased.

There are stipulations for contracts with vendors and other entities that may hold up approval of your MTA/DUA. Specific details are found in this document from the Division of Legal Affairs. These are the most common issues that will need to be addressed if found in the agreement:

  1. Legal name: The correct legal name of KSU for inclusion on the agreement is “Board of Regents of the University System of Georgia by and on behalf of Kennesaw State University.”

  2. No indemnity clauses are permitted, since Georgia law prohibits state entities, including schools within the University System of Georgia, from agreeing to such terms. This is typical of state and federal governmental entities.

  3. Georgia law prohibits state entities from entering into contracts that identify another state’s, municipality’s, or country’s law as the governing law.

If any changes to the contract are requested by campus entities, it will be necessary to reach out to the providing or receiving entity to secure approval of the language or request the necessary edits. This can add several days to the process as we wait for a response.

If you wish to have an MTA/DUA signed by the Vice President for Research, acting as the Institutional Official, please complete the following:

  1. Fill out either the MTA form or the DUA form (links below), supplying as much information as you have available. Contact information for an appropriate person at the other institution or vendor will be needed to arrange for approval of needed edits and to gather final signatures. Please make every effort to provide this information in order to make the process more efficient. As the researcher, you are likely more familiar with the institution or vendor than anyone else on campus.

  2. Fill out any needed information on your MTA/DUA relating to the researchers and items or data involved. A Word document or other editable copy of the agreement is preferred, in case additional changes are needed. Please do not provide a PDF version of a Word document. Do not sign the agreement or gather any signatures from your department or college leadership if indicated on the form.

  3. Send 1) the completed form and 2) an unsigned copy of the MTA/DUA to researchcomp@kennesaw.edu.

After we receive your information, we will submit the agreement for review and approval through the Contract Management System. You can then expect the following:

  1. Review by the different campus divisions: approx. 5 business days.

  2. If edits were requested, we will send the document for review and approval by the other institution/vendor.

  3. After review and approval, your agreement will be circulated for signatures via DocuSign and then a signed copy will be available to you.

Please allow at least two weeks for this process, and potentially longer if the agreement is international or significant changes or negotiations are required.

If the other institution is a signatory to the Uniform Biological Materials Transfer Agreement, please email Research Compliance to find out the next steps.

If you require assistance creating an MTA to share materials with another institution, please email Research Compliance. We can provide you with templates that can be customized for your purposes.

If you have any additional questions, please email researchcomp@kennesaw.edu.

MTA Signature Request Form (Fillable PDF) DUA Signature Request Form (Fillable .docx Form)

 

 

 

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