1 Award Process Sponsored Research Services Mini-CReATE May 2, 2012

Award Overview SRS receives award (grant, contract, P.O.) PI reviews award for technical aspects SRS reviews for contractual/compliance issues Negotiations Full-execution Project ID issued and spending starts 2

3 Initial Considerations  SRS contact person is continuous throughout pre-award, award, & post- award stages  Grant/Contract awarded to FSU - Kirby W. Kemper or delegate signs for university  No budget number/project ID = no work or spending  No human subjects research may commence until approved by the human subjects committee

4 Terms & Conditions  Intellectual Property (copyrights, patents, etc.) – FSU retains IP rights - contact Office of IP Development & Commercialization  Export Controls – can limit the personnel on your project or international dealings

Terms & Conditions Disputes – Ability to resort to the courts in case of a dispute 5

6 Terms & Conditions  Damages/Sanctions – FSU cannot agree to pay damages above the amount of the contract/grant  Warranty of work – FSU cannot warrant its work; instead, FSU promises to use a reasonable best effort to perform the work

Terms & Conditions Time is of the essence – Not acceptable, because it is a breach with damages if we are even a day late in performing 7

8 Terms & Conditions  Indemnification – Per state law ( FL. ST. & Attorney General Advisory Legal Opinion), FSU can never indemnify

Terms & Conditions  Payment/Invoicing terms – Terms must be crystal clear 9

Terms & Conditions  Insurance – Required insurance levels in award cannot exceed FSU’s insurance policy, and sponsor cannot be listed as additional party on our insurance policy 10

11 Terms & Conditions  Incorporated prime contract – When FSU is a subcontractor, we generally receive not only a subcontract but also a prime contract incorporated as well

Terms & Conditions  Records Retention – Maximum allowable period for records retention is 5 years after close of the project 12

13 Terms & Conditions  No unilateral changes to contract/grant – Important that award ensures no changes to project can occur without both parties’ agreement in writing

Terms & Conditions Defense Priority and Allocation Requirements (DPAS) – (a.k.a. rated orders) – legal requirement to prioritize this project above all other assignments 14

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Post-Award Time-extensions Amendments Changes in % effort Changes in key personnel Rebudgeting Reporting (PI submission of technical and financial reports) 16

Russ Lentz Associate Director Sponsored Research Services