Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 Sixth Framework Programme...

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004

Sixth Framework Programme

MANAGING FP6 CONTRACTS


Core contractstandard text (completed with project data)

Annex Ithe “project” (technical tasks - work to be carried out)

Annex IIgeneral conditions (standard, applicable to every instrument)

Annex IIIinstrument specific provisions (variable per instrument)

Contract Structure


Supplemented by supplementary information and guidance notes when necessary

Financial (including auditing, cost methodologies) Negotiation (including technical annex) Consortium agreement (including IPR) Project management (including reporting)

plus guidelines imposed by Rules for Participation Guidelines on Evaluation and Selection

procedures

Guidelines


Regulates internal organisation and management of consortium (Commission is not a party)

New - Compulsory unless exempted by the call for proposals

Non binding guidelines provided by the Commission (consortium agreement checklist)

After or (preferably) before signing the contract - some decisions must be made by the participants before signature of contract (e.g. exclusion of pre-existing know-how)

Consortium Agreement


Signature and entry into force:

Contractual link of all contractors with the Commission (equal status)New - Contract enters into force upon signature of coordinator and Commission

Coordinator must ensure other contractors sign within delays (established in contract)

Distribution of advance to other contractors possible after minimum requirements met

Project begins on date established in the contract Reporting periods

Special clauses

Core contract


Technical Responsibility (applicable to all instruments)

Financial Responsibility - New

Used as a last resort

Limited in proportion to the participant’s share to the project, up to the total amount they are entitled to receive

Exceptions: International Organisations, public bodies or entities guaranteed by MS/AS: solely responsible for their own debts specific actions for SME’s and fellowships and, when duly justified, specific support actions

Collective Responsibility of Contractors


New - Cost categories not requiredCosts must be :

actual, economic and necessary for the project

incurred during the duration of the projectrecorded in the accounts (or third parties)follow contractors own accounting rules

and must exclude indirect taxes, duties, interests, costs reimbursed in respect of another Community project, and not give rise to profit

Audit certificates by external auditor for each partner, each year for IP/NoE

for public bodies - competent public officer

Costs


Cost reporting models Full Cost with actual indirect costs (FC)- eligible direct and indirect costs are charged

All legal entities can use the FC model except physical persons(physical persons participating as individuals use the AC model (some SMEs are technically physical persons but can use the FCF or FC model depending on their accounting capacity)

Full Cost with flat rate for indirect costs (FCF)- eligible direct costs plus a flat rate of 20% of eligible direct costs (minus costs of sub-contracts) to cover indirect costs are chargedAvailable to non-commercial or non-profit organisations, international organisations and SMEs

Additional Cost with indirect flat rate costs (AC)- eligible direct additional costs plus flat rate of 20% of direct additional costs (minus costs of sub-contracts) Available to non-commercial or non-profit organisations and international organisations that cannot distinguish the share of direct and indirect costs of the project


Periodic advances (pre-financing) yearly for IP and NoE (specified in the contract for other

instruments)

up to 85% of EC financial contribution for first

period plus first 6 months of subsequent period

settled when associated with an audit certificate

EC contribution depends on :

contractor’s cost model (AC, FC, FCF) type of activity (research, demonstration,

management, training, etc) allowed by instrument submission of audit certificate (settled payment) receipts

Distribution depends on consortium’s decisions

Payments


INTEGRATED PROJECTS Reimbursement Rates

Maximum Reimbursement rates of Costs

Research & technological development /

Innovation

Demonstration TrainingManagement

of the consortium

FC / FCFCONTRACTORS

50% 35% 100%100%

up to 7% of the contribution

ACCONTRACTORS

100% 100% 100%

100%up to 7% of the contribution

(1)

(1) Contractors working on the additional cost model may also charge the cost of permanent personel to their contractors, to the extent that they can be identified


Maximum Reimbursement Rates


Controls

Reports Periodic activity reports (including plan for

dissemination and use) Periodic financial reports Supplementary reports if foreseen (in Annex I

or III)

Audits Scientific, technological, and financial audits New - monitoring by Commission with

external experts (annual for IP and NoE) Ethical or other reviews Contractors right to refuse particular expert

Audits and Controls


Financial irregularity is grounds for exclusion from evaluation or selection procedure

Violation of fundamental ethical principles is grounds for exclusion from evaluation or selection procedure

Recovery decisions (Article 256 EC Treaty)

Other sanctions in contract (liquidated damages for overclaims)

Sanctions


AmendmentsAmendments

Art.10 Art.10 of of Core Contract Core Contract && Art.8 Art.8 of of Annex IIAnnex II

Request in writingRequest in writing

NewNew at the request of the coordinator, deemed to act on at the request of the coordinator, deemed to act on behalf of the consortiumbehalf of the consortium

NewNew Tacit amendmentsTacit amendments with implicit agreement of the with implicit agreement of the Commission within 6 weeksCommission within 6 weeks onlyonly for modification and for modification and evolution of the consortium and for technical reportsevolution of the consortium and for technical reports

NewNew in IP/NoE, enlargement of the consortium to new in IP/NoE, enlargement of the consortium to new contractors and new activities may be foreseen. This contractors and new activities may be foreseen. This enlargement follows a competitive call launched by the enlargement follows a competitive call launched by the consortium with evaluation of proposals by external expertsconsortium with evaluation of proposals by external experts


Contracts and translations

Guide to Amendments of contracts

Special clauses and Guide to special clauses

Guide to Financial issues

Frequently Asked Questions

IPR Guide and Guide to Article II.35.1.b

Consortium agreement checklist

Negotiation documents (CPF/guidance notes)

http://europa.eu.int/comm/research/fp6/working -groups/model-contract/index_en.html

Model Contract Web site

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 Sixth Framework Programme...

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