Contract, Commercial and Tenders

Sponsored Research occurs where:

• the funding is frequently proposal driven on a competitive basis;
• the research is mainly basis or strategic but not usually concerned with commercial outcomes; and
• the intellectual property results are owned by universities.

Examples of sponsored research include the major project funding by the Australian Research Council (ARC) and the National Health and Medical Research Council (NHMRC).

Contract Research occurs where:

• a request is made by industry or a Government agency for a specified research project to be carried out with identified aims and objectives;
• the research project is often undertaken on the basis of a competitive bid for funds from an agency;
• it is anticipated the research will result in a deliverable product or report of commercial importance to industry;
• researchers can expect to be able to produce peer-reviewed publications; and
• ownership of intellectual property is negotiated between the parties and may depend on the financial and intellectual contribution of both parties.

Consultancy occurs where:

• the project involves buying the skills and expertise (pre-existing know how) of university staff and equipment to work on a specified project; and
• the sponsor may seek to own any intellectual property and may also expect complete confidentiality on the part of the university, thus negating any publication opportunities.

For further details refer to the Research and HERDC page.

First you should contact Research and Innovation Services. Often, tenders are submitted on the basis that submission implies acceptance of the tender terms and conditions, leaving little scope for variation of standard sponsor terms and conditions after award. Therefore, we ask that researchers  email  a copy of the Terms and Conditions of the tender and tender application to Research and Innovation Services for legal review and comment before it is submitted.

The following delegations apply to submission of research only tenders/responses/proposals. Such delegations should only be exercised on the advice of Research and Innovation Services and with Head of School Project Approval.

Authority to submit tenders/responses or sign agreements/contracts for the provision of commercial research and research or non research consultancy services

This policy applies to any commercial or non-commercial activity.

For more information, refer to JCU Policy FMPM 620: Financial Management Practice Manual.

For delegations refer to Section 4 of FMPM 620 Appendix A – Delegations Policy of JCU’s Financial Practice Manual for detailed information.

The Director, Research and Innovation Services or Senior Deputy Vice-Chancellor

Refer to Section 4 of Appendix A – Delegations Policy of JCU’s Financial Practice Manual for detailed information.

Terms of commercial and non-commercial contracts must be negotiated through the University. All consultancies must be undertaken though the University unless formal written exemption is obtained (refer Human Resource Policy on Staff External Activities)

You need to refer it to Research and Innovation Services at the earliest draft stage. It is not unusual for the other party to not recognise the interests of researchers in their intellectual property provisions or to require warranties or indemnities that JCU is unable to give. Note: that the contract can only be signed by those with appropriate delegations as above. Ensure that pricing is in accordance with policy

All contracts and agreements (including variations) must be entered into by the University and not by the individual staff member undertaking the work.

Research and Innovation Services will lodge the tender submission unless the tendering body requires it be submitted online or electronically. If this is the case then you need to provide a final copy of the submission to Research and Innovation Services for their records.

Places to look for tender opportunities include:

• The Weekend Australian
• Saturday’s Courier Mail
• The business section of the local newspaper
• The Australian Government Tender System
• Queensland Local Government Tenders
• Queensland Government eTendering website
• Northern Territory Government Tenders Online

The Research Funding Approval Form has been designed to ensure that all FTE and other in-kind and cash contributions have been appropriately reviewed and approved by the College or Directorate. It also allows for the collection data for various internal and external requirements for successful funding, e.g. negotiation of final agreements, cost centre allocation, and invoicing.

The Research Funding Approval Form must be completed and submitted to Research and Innovation Services with your application (see Research and Innovation Services deadlines below) and/or with any research contracts and consultancies. Research and Innovation Services cannot process your successful grant or contract without the completed form.

The internal closing date for applications is one week prior to the closing date of the funding body for domestic applications, and two weeks prior to the closing date for overseas applications.

Applications not submitted to Research and Innovation Services within the appropriate time frames cannot be guaranteed the detailed analysis. Supervisors need to ensure that students are aware of the procedures for submission of applications which must be processed through Research and Innovation Services.

Deadlines are set to allow time to review all of the submissions for a scheme, arrange for corrections, obtain the necessary University approvals and submit to the funding body by its deadline. Given even the best checking processes, please allow time if you may have missed something that will have to be corrected before it can be submitted.

Statutory Declarations need to be signed in the presence of a Justice of Peace (JP). In the first instance researchers should contact their Divisional JP. Alternatively it may be referred to the Research and Innovation Services, Research Legal Officer however you will need to arrange this in advance of the tender submission date in case of unavailability, rather than on the day.

If the tendered project outcomes are intended to be included in student theses you may have a problem. Terms that vest ownership of project IP in the client will most probably be inconsistent with an open, published thesis outcome.

The general rule is that students should not be included on a consultancy project team unless as hired research assistants with no expectation of accessing project results. Refer to further information on Students and IP.

Moral Rights are personal rights of an author: to be named as an author of work s/he produces, to have no-one else named as an author and to have the work treated with integrity. It is the University’s preference that Moral Rights not be affected by contract terms, but government funding contracts in particular standardly do so for contracted reports.

If the tender is successful authors will need to provide this waiver in writing via an email to Research and Innovation Services to the effect “I hereby waive my Moral Rights in relation to the project titled 'XXXX' in accordance with clause ‘XXX’ of the funding agreement. The Research Legal Officer will provide further advice as to how this should be affected.