Presentation on theme: "Receiving the Award Module 7. Special thanks to SRA members Sharon Kiser, Steve Lawrence, Tim Quigg, Lawrie Robertson, Cary Thomas, Sheila Vrana and Mark."— Presentation transcript:
Special thanks to SRA members Sharon Kiser, Steve Lawrence, Tim Quigg, Lawrie Robertson, Cary Thomas, Sheila Vrana and Mark Wdowik for parts from their session on Contracts, Grants & Cooperative Agreements 10/2005 and Toni Lawson & Monique Anderson from the University of Maryland for parts of their Contract Compliance and the FAR 1/2007 presentation
Office of Sponsored Programs Contact Information OSP Director Jeanne Wicks472-1825 email@example.com@unl.edu Associate Director Suzan Lund472firstname.lastname@example.org@unl.edu Assistant Directors Deb Arent472email@example.com@unl.edu Mike Behne472firstname.lastname@example.org@unl.edu
Office of Sponsored Programs Contact Information Grants Coordinators Shelly Hardies472-2247 email@example.com@unl.edu Nancy Becker472-3601 firstname.lastname@example.org@unl.edu Currently looking for 2 additional pre-award staff
Office of Sponsored Programs Contact Information Project Specialists Kathy Anderson472-6326 email@example.com@unl.edu Ruth Clayton472-3553 firstname.lastname@example.org@unl.edu Linda Dickinson472email@example.com@unl.edu Donna Douglas472firstname.lastname@example.org@unl.edu Belinda Gillam472email@example.com@unl.edu Kathi Malone472firstname.lastname@example.org@unl.edu Joyce Schuette472email@example.com@unl.edu
Signature Authority Sponsored Programs has authority for –proposal submission –negotiation and acceptance of grants and contracts Note: IANR has signature authority for USDA projects it submits Technology Development has authority for –negotiation and acceptance of licensing, confidentiality and material transfer agreements Signature authority is delegated by the Board of Regents (http://bf.unl.edu/bfpolicy/SignatureAuthority.pdf)http://bf.unl.edu/bfpolicy/SignatureAuthority.pdf If a document commits university resources (people, building space, funds), proper signatures are required Note: PIs, deans, chairs and others are not authorized to sign any proposals, agreements, or any other legal document on behalf of the Board of Regents of the University of Nebraska.
Funding Mechanisms Grants Cooperative Agreements Contracts Incoming Subawards –can come in any of these forms –sometimes come in as Purchase Order
Federal Assistance Types of Support Mandatory – block grants, formula-driven Discretionary – competitively awarded Fund Transfer Agreement Types Grants – assistance Cooperative Agreements – assistance but with strings attached Contracts – procurement/acquisition
Grant Financial assistance for a project that will benefit the public. There is no substantial involvement between the sponsor and the recipient during performance. Federal grants are governed by Office of Management and Budget (OMB) circulars and Code of Federal Regulations (CFR).
Grants Broad Agency Announcements (BAA), Program Solicitation Financial Assistance Award Made for stated purpose (proposal/award) Made for stated period of time (project period) Made to an organization in the name of a Principal Investigator (PI) No substantial programmatic involvement by awarding agency Funding may be annual, multi-year or for entire budget period Minimum of limiting conditions (governed by OMB Circulars A-21 and A-110)
Financial assistance for a project that will benefit the public. Substantial involvement is expected between the government agency and the recipient. Federal cooperative agreements are governed by OMB and CFR regulations. Cooperative Agreement
Cooperative Agreements Agencies have substantial freedom to structure the terms and conditions (T&Cs) Agencies must issue cooperative agreement regulations Often differ from standard assistance regulations and may even resemble acquisition regulations
An agreement, enforceable by law, between two or more competent parties, to do or not do something not prohibited by law, for a legal consideration. FAR 2.101 defines a contract as a mutually binding legal relationship that obligates the seller to furnish supplies or services and the buyer to pay for them. Contract
Contracts Request for Proposal (RFP) and Invitation for Bid (IFB) Mutually binding legal relationship that binds the seller to deliver certain specified goods or services (deliverables) in exchange for certain specified consideration (e.g., money) Terms are usually detailed and specific Activities frequently dictated by sponsor (buyer) Less latitude to modify scope of work and line-item expenditures Funding may be incremental, tied to work components, final payment (e.g. 10%) may be held until “acceptance” of deliverables Process governed by FAR
What is FAR? Federal Acquisitions Regulations (FAR) System of uniform policies and procedures governing the acquisition (purchasing) of all federal agencies Procedures manual for federal agencies to acquire goods and services, including research
Location of the FAR The FAR is codified at Title 48 of the Code of Federal Regulations (CFR) and consists of 63 chapters. The components consist of: –Federal Acquisition Regulations (Chapter 1) –Agency Specific Supplemental Regulations (Chapters 2-63)
Path to the FAR Code of Federal Regulations US CodePublic Law Federal Acquisition Regulations Federal Agency Supplements
Contracting under the FAR Begin by determining the nature of contract: –Type Cost-Reimbursement Fixed-Price Time & Material/Labor Hour Indefinite Delivery/Indefinite Quantity Basic Ordering –Purpose Construction Research & Development Supply Service
Research & Development Contracting Purpose is to advance scientific and technical knowledge and apply that knowledge to the extent necessary to achieve agency and national goals. Focus is on the Statement of Work (SOW) Regulations found at FAR Part 35
Which FAR Clauses Can Be Accepted? Consider Appropriateness Required or optional University policies/restrictions
Contract Types Cost-Reimbursement (CRC) Pays allowable costs to extent provided Contractor must have adequate accounting system to track applicable costs Fixed Price (FPC) Price-based, not cost-based Price defined in contract (by unit or deliverable) May be firm or adjustable (economic circumstances, profit, etc.) Purchase Orders Contract becomes effective upon written acceptance or actual performance
Contracts – Cost Reimbursable vs. Fixed Price Cost reimbursable contracts are paid on regular billing intervals or can have a payment schedule – only costs incurred should be paid – excess balance returned to sponsor Fixed-price contracts pay a flat amount whether costs are covered or not UNL requires a substantial up-front payment on industry contracts regardless of the type (usually 75-100%)
Contracts – Fixed Price Issues UNL must fully recover costs in performing services and cannot generate profit or be in deficit Fixed-Price Contracts pay a flat amount whether costs are covered or not Residual balances at project end must be handled carefully - can violate state or federal regulations on non-profit status, or on cost-accounting standards which require allocating costs and showing consistency in budgeting and charging costs Salaries for staff working on the project but not charged to the account in proportion to the effort expended may not comply with OMB Circular A-21 effort reporting requirements unless the effort is documented elsewhere (PARs) If salaries not charged to contract account, effort must be tracked through PARs – per A-21 allowed 100% effort for all activities performed by an individual, whether paid by sponsored project or not Account may not pass an audit – costs could be disallowed and required to be returned to the sponsor, possibly with penalty fees
Contracts & Export Controls The term Fundamental Research means basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons. The Fundamental Research Exclusion applies only to the dissemination of research data and information, not to the transmission of material goods. The Fundamental Research Exclusion is DESTROYED IF: The university accepts any contract clause that –Forbids the participation of foreign persons –Gives the sponsor a right to approve publications resulting from the research; or –Otherwise operates to restrict participation in research and/or access to and disclosure of research results.
Contracts & Export Controls cont. “Side deals” between a PI and Sponsor to comply with such requirements even though not stated in the research contract may destroy the fundamental research exclusion and expose both the PI and the Institute to penalties for export control violations and may also violate university policies on openness in research.
Contracts & OMB Circulars OMB A-21 –Incorporated by FAR 31.3, allowable costs OMB A-110 –Sets standards for grants & cooperative agreements –Specific actions not applicable to contracts (i.e. expanded authorities) –FAR replaces this circular in contracts OMB A-133 –incorporated by FAR 52.215-02, Alt.II
Major Differences between Contracts & Grants Contracts Often RFP solicitations Need for specific service/product Schedule technical & expenditure reports and/or other deliverables Payment often tied to deliverables Numerous special terms and conditions Close control on budget Usually audited Can be cancelled for default Grants Often standard guidelines/proposal kits Support for proposed work in general programmatic areas - need to advance knowledge Requires technical progress reports Payments may be in advance, by schedule, or upon completion General terms and conditions Flexible budget control Some audited Almost never cancelled
Useful Web sites: OMB Circulars OMB Circulars: http://www.omb.gov/circulars CFR CFR: http://www.access.gpo.gov/nara/cfr/cfr-table-search.html FAR FAR: http://www.arnet.gov/far/ or http://farsite.hill.af.mil/vffara.htm FDP FDP: http://www.thefdp.org CFDA CFDA: http://184.108.40.206/cfda/cfda.html MIT Export Controls MIT Export Controls: http://web.mit.edu/osp/www/Export_Controls/index.htm
Considerations before the award is signed Pre-award Costs –Not allowed on “24” grants – State Single LOC –May not be available on all grants –Are incurred at the risk of the department –Are allowable no more than 90 days prior to effective date of award. Written permission from granting authority is required to exceed 90 days. –Use “Prior Approval to Spend” (IPAS) form to request Pre-Award spending
WBS Establishment Project information must be complete and include: –Signed & completed routing form –Annual Conflict of Interest disclosure –Verification of Compliance – IRB/IACUC –Copy of proposal –A balanced budget that agrees to award –Cost share information with: Specific persons identified Percentage of time commitment Funding source – cost object –Subaward Information: Letter of Commitment, contact information, budget, detailed work statement –NOTE: PARS from previous awards must be current.
WBS Establishment Timeline –Creating the WBS Uploaded into SAP on a Monday, Wednesday, Friday schedule Payroll lockdown may impact this schedule –Changing PAF information (department responsibility) –Know your grant specialist
Project Management Basic Consideration for Costs: –Primary Principle – All costs must: be reasonable be allocable Be treated consistently across the institution Conform to any limitations or exclusions described in these principles or in the sponsored agreement as to types or amounts of cost items The cost is unallowable if these conditions are not all met.
Project Management Department Responsibility –Strongly recommend maintaining records centrally –Review expenditures/reconcile SAP reports –Use commitments for planning purposes –Deficits not allowed – must remove immediately –Cost share outside of payroll Travel Invoices Outside source
Project Management Re-budgeting –Required in some cases – 0% - ? –Consider cumulative effect when determining if grantor approval is needed –Management tool
Project Management Overspending an Award: –Costs must be removed from the grant. Per A-21 not allowable to charge to another grant –Additional budget available? –Use commitments to avoid deficits Special Issues: Changing a PI during the grant Changing the effort promised Leave of Absence (3 months or more) Sub-awarding part of the grant Transferring award to another institution Timing of expenditures – last 30-90 days
Project Closeout Prior to end date: –Process PAFs –Act on SAP workflow notifications (“action alerts”) –Request extensions (if needed) in a timely manner First 30 days after the end date: –Pay all invoices –Review SAP reports and reconcile outstanding items –PARs
Project Closeout 30 – 60 days after end of award: –Post award reviews expenditures posted –SAP intramurals post –Department ensures records are ready for audit –Department (PI) files final technical report 60 – 90 days after end of award: –Post award requests final reimbursement –Post award files final financial report(s)
What Sponsors Look for When Monitoring Effort falls below proposal levels Unreasonably slow progress Slow or accelerated expenditure of funds Major rebudgeting Rebudgeting funds with a restricted purpose Pursuing a project outside the scope approval for the grant Not responding to phone calls or e-mails Habitually late reports Indications on the financial statements of a lawsuit or wrongdoing by an officer of the organization
Audits and Reviews Types of Audits: –Annual A-133 –NU Foundation –Systems and Desk Audits –On-Site Project Specific Audits Documentation: –PARs –Invoices –Financial reports –Technical/progress reports –Other information required by the award Retention: –Federal requirement is 3 years after receipt of last required document –UNL policy is 5 years after the final report is filed –Multi-year awards
Contact Information Office of Research 302 Canfield Administration Bldg http://research.unl.edu NURAMP 472-7003 http://research.unl.edu/nuramp/ Office of Sponsored Programs 312 N. 14 th Street, Alexander Bldg West 472-3171 http://www.unl.edu/research/sp1/