Provision No.
25/2017
Internal rule of the Institute of Technology and Business in Ceske Budejovice
CURRENT WORDING
CONTRACTUAL RESEARCH
Date of issue: 13 / 11 / 2017 Valid from: 9 / 3 / 2020 Valid until: Revocation
File No.: VSTE007352/2017 Pages: 3
Number of
attachments:
3
Information on changes Annually
Repealed
regulation
OR No.3/ 2015 Contractual research
Superior
regulations
Regulation No.11/2015 Organizational rules ITB (Article 7)
Related
regulations
Regulation No. 13/2016 The rules for creation of partial budgets
Subordinate
regulations
Distribution
list ITB employees
Prepared by:
doc. Ing. Rudolf Kampf, Ph.D.,
m. p.
Guarantor: Vice-rector for Creative Activities
Signature: Signature:
doc. Ing. Rudolf Kampf, Ph.D., m. p.
Formally verified
by:
Bc. Eva Plochová, m. p.
Approved
by:
Rector
Signature: Signature:
prof. Ing. Marek Vochozka, MBA, Ph.D.,
m. p.
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Article 1
Basic provisions
(1) Contractual research (hereinafter referred to as ‘CR’) is a research carried out on the
basis of a contract entered into (see Attachment 1) by a client and a provider.
(2) The client is, for the purpose of CR, an entity of Czech or foreign private or state
sector.
(3) The provider, for the purpose of CR, is the Institute of Technology and Business in
Ceske Budejovice (hereinafter referred to as ‚ITB‘) represented by rector.
(4) The guarantee of CR is the director of faculty.
(5) The CR process is graphically displayed in Attachment 3.
Article 2
The processing of demand
(1) The director of faculty deals with the demand for contractual research with the
director’s representatives for scientific activities, research and development.
(2) In the case of interest in CR solution, the representatives of the director of faculty for
scientific activities, research and development appoint a researcher (hereinafter
referred to as ‘researcher’) who will communicate on behalf of the research team
with a client and a guarantee in the course of the whole CR procedure.
(3) The director’s representative for scientific activity, research and development will
report the members of the research team and their percentage share of the research
results to the director of faculty.
(4) The director’s representative for scientific activity, research and development, in
cooperation with the research team, will make a price offer.
(5) The director of faculty will discuss the proposed calculation with the client:
a) If the offer is accepted, the director will arrange a contract to be written.
b) If the offer is not accepted, the client’s objections will be referred to the
authorised researcher. If the researcher finds the objections relevant, he or she
will make a new offer. If the researcher does not accept the objections, the
director of faculty will arrange a termination of the negotiation about contractual
research or refer the case to another faculty or section.
Article 3
Entering into a contract for conducting CR
(1) On the basis of delivered materials, the director of faculty, in cooperation with the
researcher, will write a contract for conducting CR in three copies.
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(2) The director of faculty will ensure a signature of provider’s statutory representative
and the rector’s office will ensure the referral of the contact to the client for signature.
The signed contract is distributed through the mediation of rector’s office in one copy
to:
a) client,
b) director of faculty,
c) rector’s office,
d) the researcher of the project will receive one copy of contract.
(3) If one party does not accept the contractual conditions, the contract will be re-made
by the director of faculty, eventually, the contract will not be concluded and the
negotiation on CR will be terminated.
Article 4
The solution and handover of CR outcomes
(1) The researcher manages his or her research team in such a way that the required
outcomes are achieved within the time limit and in quality required by the contract
for CR.
(2) The director monitors the course of contractual performance on the basis of the
outcomes submitted by the researcher.
(3) The researcher hands over the required outcomes to the client prior the expiry of the
contract, who will examine them.
(4) The client will assess the handed over outcomes with regard to the requirements
defined in the contract:
a) The acceptance of outcomes will be confirmed by the client’s signature of the
protocol confirming the handover (see Attachment 2),
b) In the case of objections to the quality or quantity of outcomes, the client will
describe them in the appropriate part of the protocol confirming the handover
(the record of the way of dealing with defects and undone work) and the
researcher will ensure a remedy within the time period determined by the
contract.
c) The original of the protocol confirming the handover is deposited with the
contract in the ITB rector’s administration, the copy belongs to the director of
faculty.
Article 5
The remuneration of CR
(1) CR can involve several stages when partial outcomes are handed over to a business
in the course of research. In such a case, a protocol confirming the handover is made.
After its signature, the director of faculty will hand over the required materials for
the processing of a partial invoice to the Economic section (hereinafter referred to as
‚ES‘). ES will make and send an invoice for payment.
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(2) After the completion of CR and the signature of protocol confirming the handout, the
director of faculty will instruct the ES to make an invoice from which the sum of the
partial invoice (invoices) has been deducted. ES will make the invoice and send it for
payment.
(3) The CR costs will be charged at the cost centre of institute. Prostředky za SMV jsou
účtovány na NS ústavu.
(4) The reimbursement for CR solution is for the members of research team in the form
of performance points within the internal ETMS system.
(5) After the completion of the stage according to the timetable, that is a part of the
contract for CR, and on the basis of the client‘s approval of the protocol confirming
the handout, the points for outcomes of the properly completed stage of CR solution
are set into the ETMS by the director of faculty.
(6) After completing the CR solution the director of faculty will ensure the transfer of
overheads to the individual divisions via the module of Activities. The CR assets will
be transferred to the revenues of a department, the rector’s administration, the
Bursar’s department, however, to another commission within the section of
additional activity.
(7) The department, rector’s administration, Bursar‘s department should assign costs to
this commission that are related to this activity, i.e., for instance, to transfer
employees from x% to the commission within the section of additional activity. In the
case of wages, it is not possible to conduct reversing entries, it is necessary to pay the
wages directly for the commission of additional activity.
(8) It is possible to use these revenues within the section of additional activity to pay for
other costs such as stationery, academic resources, etc. It is always necessary to
assign this cost for additional activity.
(9) Contractual research is graphically depicted in Attachment 3 .
List of abbreviations:
ES economic section
ETMS Excellent Top Manager System
Attachments:
Attachment 1 – Sample contract for CR
Attachment 2 – Protocol confirming the handover
Attachment 3 – CR Algorithm