California State University Fresno Contract Fundamentals at Fresno

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

Office of Research and Sponsored Programs Contract Fundamentals 1) Is That A Contract or A What? 2) Expediting the Process 3) Who’s Who in Contract Lingo 4) What Are We Looking For? 5) Other Parts of Wise Subcontracts 2

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

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. q Then they sign it. That act makes the contract binding. q At Fresno State, only AORs (Authorized Organizational Representatives) can sign. q q 4

A Contract: A Quick Definition q A formal document detailing reciprocal obligations between parties; Can include nearly anything agreed to between parties q Normally details compensation issues and scope of work q Legally binding in a court of law 5

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

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

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

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

2) Expediting the Process q Include your grant administrator early in the process. q Even if it’s “just” a contract, there’s still a scope of work being discussed. 10

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

Before beginning work… q Working with your grant administrator early can prevent delays at postaward stage. q Allow time for contract review process. q A smooth set up streamlines your post -award phase. 12

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

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

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

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

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

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

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

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

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

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

Statement of Work (a. k. a. , Scope of Work) q A good statement of work will include goals, objectives, time frame, and deliverables. q It should facilitate and make contract management an easy process. q It should streamline your project reports. 23

24

Contact us Doug Carey, Grants Administrator Maral Kismetian, Administrative Analyst Office of Research and Sponsored Programs dcarey@csufresno. edu | mkismetian@csufresno. edu 278 -0964 | 278 -0856 Web: http: www. csufresno. edu/grants Twitter: fresnostate. ORSP 25