Award Terms and Conditions
Because the contractual relationship in a grant or contract is between the sponsor and RFSUNY/SBU, not the sponsor and an individual, it is essential that the terms and conditions of an award comply with RFSUNY/SBU policy. It is the responsibility of OSP to review all award terms and conditions and, if necessary, negotiate changes to insure compliance.
Terms and Conditions in Brief
The terms and conditions of an award define the relationship between the sponsor and the University, clarifying each party's obligations. Terms often include:
Administrative terms – Examples: insurance, indemnity or termination
- award amount and payment terms
- budget and project periods
- procedures for making programmatic and budgetary changes
- the use of program income
- reporting requirements – financial, property
Project related terms
- responsible personnel - for the sponsor and RFSUNY/SBU
- statement of work
- reporting requirements - technical, invention
Institutional considerations
- ownership of intellectual property
- confidentiality requirements
- foreign national restrictions
- publication restrictions
It is the responsibility of OSP to negotiate the terms of an award. This may be a simple process such as in the case of federal assistance awards (grants and cooperative agreements) where the relationship between the government and research universities is already formulated. In contrast, it may take months to negotiate an agreement with a corporate sponsor or a federal contract or subcontract.
The number and complexity of these terms will vary greatly depending upon the source and type of the award. A foundation may provide six, simply worded conditions, while a federal contract may include forty complex acquisition regulations.
Some awards will arrive with the full text of the terms and conditions. OSP will distribute copies to the PI. Most federal awards only reference the awarding agency's regulations or policy manuals, the relevant Code of Federal Regulations, or the applicable Federal Acquisition Regulation. These documents are available on-line. Award documents and the accompanying OSP Award Notice should be reviewed carefully for special terms and conditions which may supplement or override an agency's general regulations.
Awards Requiring Negotiation
Many awards received by OSP contain terms and conditions that do not conform to university policies and/or state law. These terms must be modified before the university can accept the award. If the award is issued as a contract, the CA team will conduct the negotiation with the sponsor. OSP strives for speedy negotiations but the timeliness of contract modification is also dependent on the amount of time sponsors require to review modifications and seek approvals for changes. A timeframe of several weeks is likely if contract issues are complex.
Pre-Award Costs and Advanced Accounts
If award documentation is delayed, procedures are available to obtain an advance account for a limited period of time. After the award information is verified by a representative of the sponsoring agency with the authority to commit funds, OSP may authorize set up of an account. Many federal agencies allow pre-award costs up to 90 days prior to the start date of a grant. Notification of the advanced account number will come by email from the Office of Sponsored Programs’ AEU.