ORSO Guideline 23<\/p>\n\n\n\n
DATE:<\/strong> February 2023<\/p>\n\n\n\n A Material Transfer Agreement (MTA) is an agreement between WSU and one or more outside entities, A Material Transfer Agreements (MTA) request will follow different approval processes depending upon the direction of the transfer. An agreement to transfer material to Washington State University (WSU) is referred to by ORSO as a \u201cMaterial Transfer Agreement \u2013 In\u201d (MTA\u2010In). An agreement to transfer material from WSU is referred to by ORSO as a \u201cMaterial Transfer Agreement \u2013 Out\u201d (MTA\u2010Out). Because of the unique set of considerations surrounding each type of transfer, it is important for the researcher to identify at the threshold which type of agreement is required and to follow thecorresponding process identified below. If there are questions about who or what departments are responsible for the MTA process, please review the Roles and Responsibilities page for the Research Administration Process is available at: https:\/\/orso.wsu.edu\/research\u2010administration\u2010process\/<\/a>.<\/p>\n\n\n\n WSU policy does not mandate an MTA for all incoming materials. It is important to know whether the If the provider does require an MTA before transferring the materials, please complete a \u201cMaterial ORSO will: <\/p>\n\n\n\n WSU policy requires an MTA for nearly all outgoing materials. Before WSU transfers material to a recipient, please complete a \u201cMaterial Transfer Agreement Information Sheet for Outgoing Materials\u201d and provide it to ORSO@wsu.edu<\/a> (a copy of the outgoing information sheet is available at: https:\/\/commercialization.wsu.edu\/documents\/2020\/02\/wsu\u2010out\u2010going\u2010mta\u2010checklist2\u20102020.pdf\/<\/a>). If the transfer involves live vertebrate animals, please include a copy of the \u201cAnimal Protocol Checklist\u201d with the information sheet in a single email to ORSO@wsu.edu<\/a> (a copy of the checklist is available here: https:\/\/commercialization.wsu.edu\/documents\/2017\/02\/out\u2010going\u2010material\u2010animal\u2010protocol.pdf\/<\/a>). If\u00a0the transfer involves international shipping or shipment to a non\u2010US entity or individual the \u201cApplication\u00a0for Review\u201d required by the Office of Research Assurances (ORA) will be completed by ORSO (a copy of\u00a0\u00a0the export control \u201cApplication for Review\u201d is available here: https:\/\/ora.wsu.edu\/application\u2010for\u2010review\/<\/a>).\u00a0\u00a0Authorization for the outgoing MTA may be delayed while the export control review process is\u00a0completed.\u00a0<\/p>\n\n\n\n If a Principal Investigator is leaving WSU for another institution, a MTA\u2010out is required to transfer materials\u00a0to the Principal Investigator\u2019s new institution. Before any transfer of material occurs, researchers must ensure that all appropriate shipping procedures are being followed. Applicable shipping procedures when transferring material from WSU may include export control licenses and hazardous materials designations. For additional information on shipping procedures, please visit the Office of Research Assurances webpage at the following address: https:\/\/ora.wsu.edu\/shipping\u2010procedures\/<\/a>.<\/p>\n\n\n\n Material Transfer Agreements are mechanisms to promote further research, enhance discovery, support a robust research enterprise, and improve public health. Frequently, material requested by WSU researchers come from other investigators in both private and public labs. To ensure appropriate intellectual property rights for both providers and recipients of material, an MTA must be reviewed by ORSO prior to signing or acceptance (if the signature of an authorized organizational representative is not required).<\/p>\n\n\n\n In December of 1999, the National Institutes of Health (NIH) presented a policy on sharing biomedical These guidelines apply to all WSU investigators and researchers, even those whose research is not When WSU investigators and researchers receive an MTA from industry or other academic institutions which contains terms and conditions incompatible with this policy or any other university policy, ORSO will make a reasonable effort to negotiate compatible terms with the provider. If it is not possible to negotiate compatible terms, alternative sources for the material must be sought. In every case, if the material can be purchased from a commercial source, it should be purchased rather than obtained with an MTA. <\/p>\n\n\n\n In most instances, an MTA will require some negotiation of one or more of the following issues to obtain terms that appropriately protect the rights of WSU and the researcher:<\/p>\n\n\n\n As WSU is a signatory to the Uniform Biological Material Transfer Agreement (UBMTA) Master Agreement, transfers to or from other signatories may be significantly expedited. If you are unsure whether the other party is a signatory to the UBMTA, please review the list of signatories located here:Process and Approval:<\/h2>\n\n\n\n
(e.g. another university, a commercial provider, a non\u2010profit organization, or industry.<\/p>\n\n\n\nMTA \u2013 In Process:<\/h3>\n\n\n\n
material coming into WSU is coming from an university, commercial provider, a non\u2010profit organization, or industry. Not all commercial providers require an MTA before transferring the material. If a commercial provider states than an MTA is not required, please contact ORSO@wsu.edu<\/a> before arranging transfer to confirm that no MTA is required (as some providers may try to force WSU to enter into an MTA even after the material has been transferred). Nothing in this Guideline is intended to contradict BPPM Chapter 70. If a purchase of commercially available materials is being contemplated, please consult Procurement and Contract Services by email at purchasing@wsu.edu<\/a>. <\/p>\n\n\n\n
Transfer Agreement Information Sheet for Incoming Materials\u201d and provide it to ORSO@wsu.edu<\/a> (a
copy of the incoming information sheet is available at: https:\/\/orso.wsu.edu\/documents\/2018\/03\/mta\u2010info.pdf\/<\/a>). If the provider has already provided a copy of their MTA template, please include it with the
information sheet in a single email to ORSO@wsu.edu<\/a>. <\/p>\n\n\n\n\n
MTA \u2013 Out Process:<\/h3>\n\n\n\n
ORSO will: <\/p>\n\n\n\n\n
Shipping Procedures and Export Control: <\/h3>\n\n\n\n
Background and Policy:<\/h3>\n\n\n\n
research resources entitled \u201cPrinciples and Guidelines for Recipients of NIH Research Grants and
Contracts on Obtaining and Disseminating Biomedical Research Resources.\u201d It is important that WSU
comply with the principles outlines in this policy, which are to:<\/p>\n\n\n\n\n
currently sponsored by an NIH grant or contract. These guidelines are necessitated by the fact that even though the material may have been obtained at a time when NIH funding was not present for the project for which the material was intended, there is a strong possibility that once a material is in a laboratory, it might be used in a future NIH funded project. ORSO recommends that all WSU investigators and researchers become familiar with the terms of the guidelines and carefully compare the terms and conditions of any MTA they receive with the terms of these guidelines.<\/p>\n\n\n\n
Important Areas of Concern in a Material Transfer Agreement:<\/h3>\n\n\n\n\n
https:\/\/autm.net\/surveys\u2010and\u2010tools\/agreements\/material\u2010transfer\u2010agreements\/mta\u2010toolkit\/uniform\u2010biological\u2010material\u2010transfer\u2010agreement\/ubmta\u2010signatories\/<\/a>.<\/p>\n\n\n\n