Negotiating Federal Awards April 17, 2005. Negotiating Federal Awards Vincent (Bo) A. Bogdanski...
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Transcript of Negotiating Federal Awards April 17, 2005. Negotiating Federal Awards Vincent (Bo) A. Bogdanski...
Negotiating Federal Awards
April 17, 2005
Negotiating Federal Awards
• Vincent (Bo) A. Bogdanski• Assistant Director, Office of Sponsored
Projects, University of Utah
Negotiating Federal Awards
• With the Federal Contracting Officer
• With the Program Manager
• With the Principal Investigator
• With your boss
• With other support offices at your University
Negotiating Federal Awards
• A discussion of facts
• Well defined rules and regulations
• An interpretation of facts
• Understanding the rules and regulations
Negotiating Federal Awards
• Some things can be changed
• Don’t just accept what’s in a proposal award
• Know, understand and articulate for proper negotiation
OMB Circular A-110
• Assistance Awards only
• Sets maximum allowable conditions
• Cost sharing defined
• Budget revisions
• Defines property disposition and handling
• Technical and financial reporting
OMB Circular A-110
• Assistance Awards only• Standards for consistency and uniformity among federal agencies
for grants and agreements with institutions of higher ed, hospitals, and other non-profits
• Recipients shall apply the provisions of this Circular to subrecipients that are passed through or awarded by the primary recipient, if such subrecipients are covered by this Circular
• Does not apply to contracts administered under procurement laws or regulations
• Agencies are responsible for adopting this language unless different provisions are required by statute or are approved by OMB
OMB Circular A-110
• Sets maximum allowable conditions
• “Federal awarding agencies shall not impose additional or inconsistent requirements, except as provided in Sections __.4, and __.14 or unless specifically required by Federal statute or executive order”
OMB Circular A-110
• Cost sharing defined (Section 23)
• Section .23 defines cost sharing requirements
OMB Circular A-110
• Budget revisions (Section .25)• (c) items #1-8, sets the maximum requirements
for prior approvals• (d) – “No other prior approval requirements for
specific items may be imposed unless a deviation has been approved by OMB”
• (e) provides authorization for Federal agencies to apply expanded authorities, at their option
OMB Circular A-110
• Defines property disposition and handling (.30-.37)• “Federal awarding agencies shall require recipients to
observe these standards under awards and shall not impose additional requirements, unless specifically required by Federal statute”
• “Title to equipment acquired with Federal funds shall vest in the recipient”
• Section 34(f) provides records requirements• Section 34(g) provides disposition instructions
OMB Circular A-110
• Technical and financial reporting (.50-.53)• “performance reports shall not be
required more frequently than quarterly or, less frequently than annually”
• “recipient shall not be required to submit more than the original and two copies of performance (or financial) reports”
OMB Circular A-21
• Cost Principals for Federal Grants and contracts
• All Federal Agencies that sponsor awards
• A guide for fixed price agreements
• Incorporated in FAR at section 31.3
OMB Circular A-21
• The four factors
• Reasonable
• Allocable
• Allowable
• Consistent
OMB Circular A-21
• Consistent• Disclosure statement (DS-2)• Cost accounting standards
• Section “J” • Travel Policy• Equipment• Administrative Salaries
FAR Issues and Clauses
• FAR Overview• Procurement Awards only• Title 48 of the CFR
• Chapter 1• Chapters 2-99
• Allowable cost and payments • 52.216-7 paragraph (a) revisions per 16.307
FAR Issues and Clauses
• Intellectual Property• Rights in Data• Special Works• Patent clauses
• Security Requirements• Beware of export control issues• Publication restrictions
FAR Issues and Clauses
• Stop Work Orders• Delete, if possible; else,
• Limit time period• If pass-through, limit to federal agency orders only
• Cost and Fund Limitations• Limitation of Cost• Limitation of Funds
FAR Issues and Clauses
• Other issues:• Property clauses; 52.245-5 and 52.245-2 with
Alternate I• Small Business Subcontracting• Certificate of Current Cost or Pricing Data• COGR/FDP list of Problem Clauses – help is
available
OMB Circular A-133
• Procurements:
• Subrecipients vs. Vendors
• Subrecipient monitoring
Agency Specific Guides (Grants and Cooperative Agreements)
• National Science Foundation (NSF)• Grant Proposal Guide (GPG), 04-02• Grant General Conditions, GC-1• Cooperative Agreement General Conditions
(CA-1)• Public Health Service (PHHS/NIH)
• PHS 398• Grant Policy Statement
Agency Specific Guides (Grants and Cooperative Agreements)
• Department of Defense (DOD)• Department of Defense Grant and Agreement
Regulations, DoD 3210.6R• Service Grant general Conditions
• National Aeronautics and Space Administration (NASA)• Grant and Cooperative Agreement Handbook
• Department of Education (DEPT ED)• Education Department General Administrative
Regulations (EDGAR)
Agency Specific Guides (Grants and Cooperative Agreements)
• Broad Area Announcement, BAA
• Request for Proposal, RFP
• Request for Quotes, RFQ
Other Policies and Issues
• Institutional Signatures
• Representations and Certifications
• Export Control Issues
Other Policies and Issues
• Institutional Review Board, IRB
• Institutional Animal Care and Use Committee, IACUC
• Conflict of Interest/Conflict of Commitment
• Classified, Sensitive and Propriety
Budget Issues
• Effort Reporting versus Hours• % of effort• labor hour contract, time and material
• Employment versus Fellowship• Fringe Benefits
• Composition of rate• Actual versus Negotiate
• Consultants, Employees, or Subcontractor
Budget Issues
• Travel
• Your policy
• Justification
• Foreign Travel, pre-approval
• Equipment or Supplies
• “fabricated” equipment
Budget Issues
• Tuition and fees• Your policy• Training grant
• Clerical salaries, office supplies, telephone equipment, memberships, postage• Unusual circumstances• Consistent with DS-2
Budget Issues
• Indirect Costs• Not to be confused with fees or profit,
these are real and actual costs associated with the sponsored activity
• If not recovered through the sponsored project agreement, they must be paid by the institution
Post Award Issues
• Limitation of Funds• Start/End Dates• Pre-award spending• No cost Extensions• Options and Special Provisions• Terminations
• For Cause • For Convenience
Post Award Issues
• Changes:
• In scope
• In budget
• Of PI/institution
• In effort (limit to key people)
Reporting Requirements
• Technical
• Frequency and Format
• Financial
• Consistent with accounting procedure
• Frequency
• Spend rates
Reporting Requirements
• Property• Ownership• Government furnished• Frequency
• Patent• Small Business Plan (294 and 295)• Hazardous Substance
Negotiating Federal Awards
• SCENERIOS