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Wilson College of Textiles 
Wilson College Research Resources

Agreement Types

Testing Services Agreement (TSA) and Fabrication Services Agreement (FSA) 

Testing Services Agreements (TSA) and Fabrication Services Agreements (FSA) are contracts that offer external firms and agencies the opportunity to capitalize on the occasional unused capacity of specialized services and facilities of the University.

These services and facilities include but are not limited to: panels of trained subject-area experts, machine shops, specialized scientific and analytic instrumentation. These services are driven by protocols and specifications normally established by external firms and contain no experimental design.

Budget

There is no cap on the budget. Examples of budget items in a services agreement would be labor and/or lab supplies.

F&A Rate

No F&A will be assessed unless the sponsor wants to negotiate Terms and Conditions. When the Terms and Conditions are negotiated, the F&A rate will be 33.6%.

Agreement Templates

The agreement terms of testing services are non-negotiable. Below are approved contract forms:

SOF Procedure

The SOF is a simplified version of TSA or FSA and the Wilson College of Textiles can execute the agreement up to a maximum of $50,000 if no changes to the terms and conditions are required. A PINS record should not be submitted for a standard SOF of $50,000 or less. If changes are required, the agreement cannot be executed by the College and will need to be submitted in PINS for review and execution by SPARCS.

  1. The PI should share the SOF template with the client and inform them that the terms and conditions are meant to be accepted as written. If changes are requested, the PI should remind the client that the University may assess an additional fee of 33.6% on top of the service center’s billing.
  2. If the client is in agreement with the terms, the PI should complete the template by filling in all information on the top of page one. This includes adding the client’s information to the form and preparing a statement of work included under Description of Requested Services. It is important to ensure that this statement does not indicate research. Terms that might be an indication of research include, but are not limited to: develop, development, research, experiment, IP, interpret, interpretation of data, follow on testing, create, or consult.
  3. Once the client signs and returns the SOF to the PI, the PI should then forward the contract to an appropriate authorized signatory as described in the SOF template for execution. The authorized signatory should verify all fields on page one of the agreement are correctly filled out and that no research is being performed. Once the review is complete and the information deemed accurate, the authorized signatory can execute the agreement on page two.
  4. A PDF copy of the executed contract should be sent to tex-billing@ncsu.edu and Jennifer Clark (jmclark9@ncsu.edu). The Business Office will log it in a Google Doc and upload a copy to the Google Drive. Funding for standard SOPs are administered via ledger 3-accounts. When the client is to be invoiced, the PI needs to submit a statement to tex-billing@ncsu.edu to initiate the invoice. The statement should be supported by daily logs kept to record facility use. The Business Office will bill the client upon receiving the statement from the PI.

SOF Modification Procedure

Modifications to existing SOFs should be requested using the form below:

Modifications can include additional services or service changes, period of performance changes, increases/decreases in funding, and/or performing service unit changes. Please note that the total amount (inclusive of all modifications) of each SOF cannot exceed $50,000.

TSA/FSA Procedure

A TSA or FSA template must be used if the agreement will exceed $50,000.

The PI should share the TSA or FSA template with the client. If the client is in agreement with the terms, the PI should complete the template by adding the client’s information to the form and preparing a statement of work which will be identified as Attachment A and appended to the TSA or FSA. It is important to ensure that the Statement of Work does not indicate research. Also at minimum, the statement of work should contain at least one sentence stating how much the work will cost.

Once the client signs and returns the TSA or FSA to the PI, the PI should then create and route a PINS. The partially-executed TSA or FSA (including the statement of work) should be attached to the PINS record. The PINS record will be routed to Sponsored Programs. An authorized official from Sponsored Programs will review and sign the document, then email the fully-executed TSA or FSA to the client, the PI, Jennifer Clark (jmclark9@ncsu.edu), and tex-billing@ncsu.edu.

Funding for standard TSAs and FSAs are administered via ledger 3-accounts. When the client is to be invoiced, the PI needs to submit a statement to tex-billing@ncsu.edu to initiate the invoice process. A contact from the business office will bill the client upon receiving an invoice from the PI.

For any external parties visiting NC State University labs, please have them fill out the Visitor Participation Agreement, Indemnification and Liability Waiver.

Testing vs. Research

Testing and fabrication work capitalizes on the occasional unused capacity of specialized services and facilities of the University. Testing services involve the following activities: panels of trained subject-area experts, machine shops, and specialized scientific and analytic instrumentation. These services are driven by protocols and specifications normally established by external firms and contain no experimental design. The University will conduct the work in the exact manner described in the protocol without alteration and/or use of the University intellectual capital.

Conversely, research efforts involve “the systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions” utilizing the University’s intellectual capital. The statements of work for these efforts are typically written by the University and may also be co-authored by the sponsor funding the work. Scopes of work may be altered during the term of the project as needed based on the results generated.

Special Guidance on Export Controls for TSAs

Memorandum of Agreement (MOA)

MOA is a standard document format and policy for the establishment of research agreements under which the Vice Chancellor for Research, Outreach, and Extension has delegated authority to the College to sign standard MOA agreements on behalf of the University in order to expedite the processing and handling of these agreements. MOA should only be used once with an industry sponsor to attract the sponsor to do work with the university. The standard delegated MOA is to be used for one-time projects with sponsors not to exceed a direct cost cap of $50,000 and to include F&A at a rate 15% applied to total direct costs. Federal flow-through is unallowable for MOAs.

Any modification to the language contained in an MOA will render the agreement to be treated as a sponsored activity whereby it is processed as a standard proposal and the University’s full federally negotiated rate is applied. Therefore, negotiations are not permitted with the use of MOA.

The Delegated MOA may be used only: 1) once per sponsor; and 2) when there are no federal funds involved directly or as a flow-through component of the funding.

Budget: The total cost allowable under an MOA is capped at $50,000, including direct cost and F&A.

F&A Rate: The F&A rate is 15%.

Procedure:

  1. The PI can notify Kendall Boone (kboone2@ncsu.edu), Jennifer Clark (jmclark9@ncsu.edu), or Meredith Jeffers (mgjeffer@ncsu.edu) and request the MOA template to be shared with the sponsor.
  2. If the sponsor is in agreement with the terms, the PI should complete the MOA template by adding the particulars of the agreement, i.e., sponsor contact information, title of project, start/end dates, amount of agreement, technical reporting requirements, etc. The PI should also prepare a statement of work, budget, and budget justification which will be identified as Attachment A and appended to the MOA template. The MOA package should then be forwarded to Mark so that he can review the materials and obtain signature from one of the Associate Deans for Research. The partially-executed MOA should then be forwarded to the sponsor.
  3. Once the sponsor returns the fully-executed MOA, the PI will need to create and route a PINS record. When the PINS record reaches the College level for approval, we will review, approve and attach the MOA with original signature and request for SPARCS to process for award. SPARCS will review, approve and authorize Contracts and Grants to establish a ledger 5-account.