1. California State University, Fresno
Contract Fundamentals at Fresno State
Doug Carey, Grants Administrator
Maral Kismetian, Administrative Analyst
Office of Research and Sponsored Programs
California State University, Fresno

2. Office of Research and Sponsored Programs
Contract Fundamentals
Is That A Contract or A What?
Expediting the Process
Who’s Who in Contract Lingo
What Are We Looking For?
Other Parts of Wise Subcontracts
Discuss the role played by ORSP, the role played by the Foundation, and the role played by other players in the production of proposals on campus.
Services provided by UGRO include: Budget prep or review, editing, and sending the proposals out. Other services include concept advice and finding suitable funding sources for desired projects.

3. 1) Is That A Contract or A What?
Grant
Both are contracts, i.e. written
agreements
So what’s the difference?
Come to us! We will walk you through all of this….

4. What is an “agreement”? Synonym for a contract
When two or more entities agree to something, the contract is where they write all of that down.
Then they sign it. That act makes the contract binding.
At Fresno State, only AORs (Authorized Organizational Representatives) can sign.

5. A Contract: A Quick Definition
A formal document detailing reciprocal obligations between parties; Can include nearly anything agreed to between parties
Normally details compensation issues and scope of work
Legally binding in a court of law
Contract: a reciprocal business agreement. Can be for fixed price or for payment on cost-reimbursement basis or a combination of the two.

6. So … what’s the difference?
Grant
Project conceived by Principal Investigator
Agency supports or assists
Principal Investigator defines, details, and retains scientific freedom
Agency maintains “cognizance”
Unilateral

7. So … what’s the difference?
Contract
Project conceived by agency
Agency procures services or goods
Agency exercises direction or control
Agency closely monitors
Bilateral

8. So … what are the results?
Grant
Award documents have general conditions
Re-budgeting can be flexible
Publication rights, patent rights, and so on favor Principal Investigator
Annual reports

9. So … what’s the difference?
Contract
Award documents are longer and more detailed
Re-budgeting is less flexible
Agency may ask for prior review of publications
Reports may be monthly and more detailed

10. 2) Expediting the Process
Include your grant administrator early in the process.
Even if it’s “just” a contract, there’s still a scope of work being discussed.
Think of your award as a funding mechanism; still needs to go through the same process.

11. What we need Project Information Form (PIF)
Scope of Work/project narrative
Line-item budget
Indirect cost policy
Conflict of Interest form (when necessary)

12. Before beginning work…
Working with your grant administrator early can prevent delays at post-award stage.
Allow time for contract review process.
A smooth set up streamlines your post-award phase.
Think of your award as a funding mechanism; still needs to go through the same process.

13. Timetable & Review Process
Multiple reviews and approvals are needed.
Legal Review is critical
Why so thorough?
If we get it right, we streamline your post-award phase.
If we get it right, we reduce your administrative burden.
To get it right, we depend on your cooperation.
Start early! Come to us early!

14. 3) Who’s Who In Contract Lingo
Come to us. We translate the ‘contract-ese’
Vendor
Consultant
Contractor; Subcontractor
Prime/Primary Contractor
Subrecipient
Partner
Collaborator
Consortium

15. A Quick Example: The Consultant
Contract with an entity or business that results in the professional services of an individual
A business relationship; Not an employee relationship
Cannot be a Fresno State employee in a Fresno State Proposal or Contract
Common Question: Is A Consultant A Contractor? Yes!

16. Subcontractor A.K.A., Subrecipient or Subawardee
Any organization or person with whom you have a written agreement (a contract)
Generally synonymous with Contractor, but normally subordinate to a prime contractor
Is your external evaluator a subcontractor?
YES

17. Prime/Primary Contractor
A Contractor responsible for the work of additional subcontractors functioning from one primary client or source of revenue
When Fresno State is a prime contractor, it is held responsible for performance (or non-performance) of its subcontractors.

18. 4) What Are We Looking For?
Lots and lots…..
Is the contractor name "California State University, Fresno Foundation“?
Billing and Payment Terms
Timely Reimbursement
Source documents attached to invoices
Compliant with CSU travel regulations
Termination clauses
Insurance requirements
Come to us! We’ll walk you through it all….

19. Protecting Faculty Rights
Do patents and copyrights generally remain the property of the principal investigator/project director?
Does the contract limit the faculty member’s rights to publish?
Does the contract contain a “confidentiality” clause that will undermine the right to publish?

20. Cost Sharing: What Is the Big Deal?
Need: Explain sources of cost share.
Why? Cost share monies are also subject to audit.
This is true for all contracts (including grants).

21. Cost Sharing: What Is the Big Deal?
Why is cost share a big deal for all contracts and grants?
Sponsors look at cost share to see if institution is on board.
Sponsors look at cost share to see if internal resources are being leveraged.
Sponsors can ask for proportional return of their funds if cost share is not met.

22. 5) Other Parts of Wise Subcontracts
Statement of Work (generally, “Attachment A”)
Line Item Budget (generally, “Attachment B”)
Source of the funding information
Key Personnel By Name
…but do not forget to tie name to a position
Post award bills by position

23. Statement of Work (a.k.a., Scope of Work)
A good statement of work will include goals, objectives, time frame, and deliverables.
It should facilitate and make contract management an easy process.
It should streamline your project reports.
PI can give grant administrator the Scope of Work to serve as the proposal.

25. Contact us Doug Carey, Grants Administrator
Maral Kismetian, Administrative Analyst
Office of Research and Sponsored Programs | |
Web: Twitter: fresnostateORSP