Contract Fundamentals

at Fresno State

Doug Carey, Grants Administrator

Office of Research and Sponsored ProgramsCalifornia State University, Fresno

California State University, Fresno

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Contract Fundamentals

1)Is That A Contract or A What?2)Expediting the Process3)Who’s Who in Contract Lingo4)What Are We Looking For?5)Other Parts of Wise Subcontracts

Office of Research and Sponsored Programs

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1) Is That A Contract or A What?

Contract Grant Both are contracts, i.e. written

agreements So what’s the difference?

Come to us! We will walk you through all of this….

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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.

What is an “agreement”?

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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

A Contract: A Quick Definition

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Granto Project conceived by Principal

Investigatoro Agency supports or assistso Principal Investigator defines, details,

and retains scientific freedomo Agency maintains “cognizance”o Unilateral

So … what’s the difference?

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Contract Project conceived by agency Agency procures services or

goods Agency exercises direction or

control Agency closely monitors Bilateral

So … what’s the difference?

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Grant Award documents have general

conditions Re-budgeting can be flexible Publication rights, patent rights,

and so on favor Principal Investigator

Annual reports

So … what are the results?

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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

So … what’s the difference?

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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.

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What we need

Project Information Form (PIF) Scope of Work/project narrative Line-item budget Indirect cost policy Conflict of Interest form (when

necessary)

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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.

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Multiple reviews and approvals are needed.

Legal Review is critical Why so thorough?

o If we get it right, we streamline your post-award phase.

o If we get it right, we reduce your administrative burden.

o To get it right, we depend on your cooperation.

Start early! Come to us early!

Timetable & Review Process

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Come to us. We translate the ‘contract-ese’o Vendoro Consultanto Contractor; Subcontractoro Prime/Primary Contractoro Subrecipiento Partnero Collaboratoro Consortium

3) Who’s Who In Contract Lingo

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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!

A Quick Example: The Consultant

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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?o YES

Subcontractor

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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.

Prime/Primary Contractor

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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….

4) What Are We Looking For?

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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?

Protecting Faculty Rights

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Need: Explain sources of cost share.

Why? Cost share monies are also subject to audit.

This is true for all contracts (including grants).

Cost Sharing: What Is the Big Deal?

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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.

Cost Sharing: What Is the Big Deal?

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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 Nameo …but do not forget to tie name to a

positiono Post award bills by position

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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.

Statement of Work(a.k.a., Scope of Work)

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Attachment A Work Statement

The purpose of the Work is to compile existing secondary data from numerous sources and provide an analytical report on access, disparities in health, and health workforce issues in the twelve county region of the Central San Joaquin Valley in California. The deliverables associated with the Work comprise:

An analytical report on access, health disparities and health care workforce issues in Kern, Tulare, Fresno, Madera, Kings, Merced, Stanislaus, San Joaquin, Mono, Inyo, Tuolumne and Mariposa Counties.

A comprehensive data and policy report for public dissemination on the San Joaquin Valley community on access, disparities and health care workforce issues in the eight counties of Kern, Tulare, Fresno, Madera, Kings, Merced, Stanislaus and San Joaquin.

A comprehensive dissemination of the report to community providers, advocates, media, community groups, policy makers and researchers in California via briefings, media and twelve (12) community convenings.

The Subcontractor will complete the Work incrementally in conformance to the following tasks and due dates:

Task Number

Due By Task Description

1 February 28 Meet with data contacts Establish data sources for all variables

2 March 31 Review preliminary data collection Refine data sources Create outline for analytic report

3 April 30 Design data presentation format for all variables in analytic report

Establish specific plans for graphic and GIS representation 4 May 31 Collate all data and draft analytic report

Create outline for Hurting in the Heartland Update 5 June 30 Revise draft and prepare final analytic report 6 July 31 Draft Hurting in the Heartland update

Schedule all community forums for Fall 2003 presentations 7 August 31 Final draft Hurting in the Heartland update

Publicize all community forums for Fall 2003 presentations 8 September 30 Hold 4 community forums 9 October 30 Hold 4 community forums

10 November 30 Hold 4 community forums 11 December 31 Collate feedback and information from community forums 12 January 31 Write and submit final report

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Contact us

Doug Carey, Grants AdministratorOffice of Research and Sponsored Programs

dcarey@csufresno.edu

278-0964

Web: http:www.csufresno.edu/grants

Twitter: fresnostateORSP