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Simple Letter of Agreement: Frequently Asked Questions

On December 23, 1999, NIH adopted the "Simple Letter Agreement" (SLA) for the transfer of materials. It is a one-page form, pared down to the barest essentials, and written to be useable by a wide variety of parties in many situations. NIH policy states that all research materials being transferred between NIH and a non-Federal party must be documented by an appropriate agreement that has been executed by authorized individuals. Whenever possible, NIH staff are strongly encouraged to use the SLA for the transfer of material.

The following are some "Frequently Asked Questions" regarding the new SLA. Additional questions should be directed to the Technology Development Coordinator (TDC www.nih.gov/od/ott/tdc.htm for the respective staff member's Institute or Center (IC).

Why do I need an agreement, even the SLA, to transfer research materials into or out of NIH?
The use of an agreement to transfer materials is NIH policy and was established to protect NIH and NIH's scientists from a variety of potential problems. These include accusations of misappropriation or theft and the ability of non-Federal parties to claim rights to an NIH scientist's discoveries.

Can I bring materials into my lab using the SLA?
Yes. NIH is encouraging extramural funding recipients to use the SLA to transfer out their NIH-funded materials. If you are seeking a material from one of your academic colleagues, ask them to send it to you under the SLA.

What if the University or Non-Profit I'm dealing with prefers to use the UBMTA?
The Uniform Biological Material Transfer Agreement (UBMTA) may still be used with organizations who are signatories to the Master Agreement. Please note that the UBMTA may not be modified in any way.

When is it appropriate to use some other material transfer agreement?
NIH encourages the use of the SLA for all transfers of material both into and out of NIH. You may also use the NIH Material Transfer Agreement. Requests to use other agreements should be referred to the TDC for each IC.

I have a unique situation that the SLA does not address. Can the SLA be modified?
Yes. Terms conforming to NIH policies on the transfer of materials may be added in an appendix attached to the SLA. The TDC for each IC is responsible for handling all modifications to the SLA.

I have already begun arranging for the transfer of materials using the NIH Model MTA. Do I have to throw it away and start over?
No, either the NIH Model or SLA is appropriate. However, you may find that outside organizations are more familiar with the SLA.

The SLA says that the material may only be used for "teaching or not-for-profit research purposes". What do I do if a company requests materials?
You should refer the matter to the TDC for your IC. Your TDC will review any request for materials from for-profit entities to determine whether the materials may be transferred using a modified SLA or if a license is the appropriate mechanism.

Who may sign the agreement for the NIH?
TDCs have delegated authority to sign SLAs for their respective ICs. NCI has further delegated the authority to sign unmodified versions of the SLA to all Lab and Branch Chiefs. NCI has also delegated the authority to sign modified SLAs or outside-parties' MTAs to qualified designees of NCI's TDC. The scientist receiving the materials and the Authorized Official of the non-Federal party must also sign the SLA.

What about transfers of cre/lox or OncoMouse® technology?
The SLA may be modified by your TDC to handle these transfers. Alert your TDC that you want to transfer such technology, so that the necessary changes can be made to the SLA.

More Information:

Shortly before Dr. Varmus's tenure at NIH ended, he led an initiative to develop a procedure for transferring research materials that is simpler and easier than what had been common practice. This initiative solicited from academic institutions input and participation in the design of a new kind of agreement that could be widely adopted and used. The goal was to reduce processing time, and increase the efficiency, of the sharing of research materials for research purposes.

In addition to NIH's use of the SLA for the transfer of materials out of the Institutes, NIH strongly encourages all academics and non-profits to use the SLA for material transfers even if NIH is not participating in the transfer.