1 Understanding the Awards Process April 14th, 2015 2 Introductions • Aaron Trammell • Research Administration Training Officer, Sponsored Programs • Marie Rossi • Contracts & Grants Officer, Sponsored Programs • Brian Russ • Senior Contracts & Grants Analyst • Valerie Ody • Contracts & Grants Analyst • Who are you? • Name, department, 3 Learning Objectives • Understand what happens from an award’s arrival in the Sponsored Programs office (SPO) until it is signed and sent to Extramural Financial Accounting (EFA) • Identify “show stoppers” and other items to be negotiated • Understand the advance account process • Identify what to look for in the signed award document 4 What We Do Sponsored Programs is responsible for reviewing and submitting research proposals, and negotiating and accepting awards on behalf of the Regents. Our office is also responsible for drafting, negotiating, and executing subawards for collaborative research. *Please see Policy #PPM 230-01 and PPM 230-02 http://manuals.ucdavis.edu/ppm/230/230-01.pdf http://manuals.ucdavis.edu/ppm/230/230-02.pdf 5 Org Chart 6 Todays handouts • Award Review Checklist • Sponsors Exempt from the 700-U • The Principles Regarding Rights to Future Research Results in University Agreements with External Parties • Quick Reference Guide to the Uniform Guidance • Activity • Sample NIH Award • Sample NSF Award • Sample CDFA Award • I will post the presentation on our website after this class Lets get started! 7 The Gift/Grant Determination Often Requires Analysis Reference Tool: List of characteristics generally found in GIFTS and characteristics generally found in GRANTS (1980 UCOP policy). In many situations, not all characteristics will be present. • Don’t base decisions upon the presence or absence of a single characteristic or criterion. • Do look at the award as a whole in order to make a judgment as to its proper classification. • SPO analysts are able to assist with this determination. 8 Quick Guide to Gift/Grant Determination In general, classify funds as GIFTS when the following characteristics exist: In general, classify funds as GRANTS when the following characteristics exist: No contractual requirements; No quid pro quo; No audit requirements; No obligation to return unspent funds; No intellectual property rights to donor; No obligation for reports (reports not tied to payments); • However, stewardship progress reports okay • Qualifies for tax treatment as charitable contribution by donor • Provision for audits; • Grantor receives consideration (can be detailed technical/expenditure reports); • Involves testing of proprietary products; • Research is directed to satisfying specific grantor requirements (e.g., precise scope of work specified rather than a general area of research); • Specified period of performance or termination at discretion of grantor; • Unexpended funds returned to grantor; • Patent/IP rights requested by grantor. • • • • • • Determination can only reliably be made upon reading the award document! 9 Award Mechanisms “Grants vs. Cooperative Agreements vs. Contracts” • Grants: Assistance relationship where PI has significant freedom to change the emphasis within the general area of work as the project progresses. Deliverables are minimal, and benefits of the project are to accrue to the nation and the world. • Cooperative Agreements are one type of grant, and used when there will be substantial Sponsor scientific or programmatic involvement. This means that, after award, scientific or program staff will assist, guide, coordinate, or participate in project activities. (NIH definition) • Contracts: A procurement relationship defined in a legally binding contract with detailed financial and legal requirements, a specific statement of work and a specific set of deliverables and/or reports due to the sponsor. A federal contract typically includes Federal Acquisition Regulations (FARs). SPO’s Negotiation Team assumes responsibility for all federal contracts. What to do when the Sponsor has no award mechanism? 10 Awards and SPO • All extramurally funded awards should be sent to SPO at [email protected] SPO has delegated authority to accept awards for UC Davis. *Please see Policy #PPM 230-01 and PPM 230-02 http://manuals.ucdavis.edu/ppm/230/230-01.pdf http://manuals.ucdavis.edu/ppm/230/230-02.pdf • How might an award arrive? • FedConnect or other sponsor electronic systems (SPO will retrieve) • Email, If you receive an award, please forward it to [email protected] • Hand delivery, FedEX, campus mail (inter-campus mail delivered 3/week) • Who do I contact? Should it always be my assigned analyst? • When SPO receives an award, an analyst is assigned and department notifications are sent to provide the analyst’s name and contact information. • Once award is assigned, you may contact your analyst directly. (having the SPO Project Number available when you call is helpful.) 11 Award Process SPO receives Notice of Award or contract from sponsor SPO notifies the Dept. of additional documents required & contacts Sponsor to begin negotiation if necessary If NO: SPO processes award (pending IRB, IACUC, BUA and COI approval), makes entry in C&G database • • • • Copies are sent to: PI PI’s dept. contact Accounting Other contacts as needed SPO processes award (pending IRB, IACUC, BUA and COI approval), makes entry in C&G database Does Award require signature? Do Terms & Conditions require negotiation? If YES: SPO sends contract to PI for concurrent review & input SPO initiates contract negotiations If not already signed by Sponsor, Sponsor signs award and returns it to SPO Upon completion of negotiation, Award is signed in SPO, and SPO sends to the Sponsor 12 What will SPO need from me? • “Required Items” will be requested at the time of awards receipt if not provided at the proposal phase • Data Sheet (completed and signed) • Budget Information • Final Scope of Work • “Applicable Items” may be required by law or regulatory agency, depending on the research scope and sponsor • Please refer to Award Review Checklist 13 Award Review Checklist 14 Financial Conflict of Interest Items • Form 700U* – Required for awards from any non-governmental entity not listed on the exempt list. (This list is on the Research Compliance & Integrity (RCI) website and provided as handout.) • Why? 700U’s are required by the State of California • When? 700U’s must be signed within 30 days of award acceptance • 700U’s… hope to go paperless • Form 800* – Required for awards from: • • • • National Science Foundation (NSF) Any project involving human subjects California Institute of Regenerative Medicine (CIRM) UC Special Research Programs (California Breast Cancer Research Program, TobaccoRelated Disease Research Program, and University wide AIDS Research Program) *Statement of Economic Interests Supplemental Form required for positive disclosures (RCI will follow up, and once approved, award will be released) 15 Financial Conflict of Interest Items • PHS COI (online) is required when PIs and other Investigators are participating in research that is funded by any PHS agency or any other sponsor that has adopted the PHS regulations. Other sponsors include: • • • • • • • • • • • American Cancer Society American Asthma Foundation American Heart Association American Lung Association Alliance for Lupus Research Arthritis Foundation Cure PSP Foundation Juvenile Diabetes Research Foundation Lupus Foundation of America Patient-Centered Outcomes Research Institute Susan G. Komen for the Cure 16 Financial Conflict of Interest Items PHS defines “Investigator” as the project director or principal investigator and any other person, regardless of title or position, who is responsible for the design, conduct, or reporting of research…” PHS COI consists of the following 3 items: • PI certification • Training • Disclosure Questions about COI documents and requirements can be sent to RCI at [email protected] 17 Reviewing Documents • SPO’s goal is to review terms and conditions of an award subject to policy and law, and to inform the PI of the outcome of the review as quickly as possible. • If problematic terms were identified at the proposal stage such terms will need to be resolved at the award stage. • What constitutes a problematic term? Terms that negatively impact UC’s missions of research, education and public service. Examples: • Discriminatory terms disadvantaging foreign nationals • Issues related to export controlled data or materials • Infringements on Academic Freedom (“gag clauses”) (also disguised as “PI may publish with Sponsor’s consent”) • Sponsor ownership of data or results generated by UC researchers • Sponsor ownership of inventions created by UC researchers • Any term in conflict with the “Principles Regarding Rights to Future Research Results in University Agreements with External Parties” (8 Guiding Principles) 18 Principles Regarding Rights to Future Research Results in University Agreements with External Parties 1. 2. 3. 4. 5. 6. 7. 8. Open Dissemination of Research Results & Information Commitment to Students Accessibility for Research Purposes Public Benefit Informed Participation Legal Integrity and Consistency Fair Consideration for University Research Results Objective Decision-Making http://www.ucop.edu/research-policy-analysiscoordination/policies-guidance/future-research-results/index.html 19 Negotiating Changes • SPO negotiates when the award terms violate one of the 8 Principles, UC policy or law. • Best practice is for SPO to be the primary negotiator with the sponsor. However, as an important stakeholder, the department and the PI will be kept informed. Do not hesitate to request updates from your analyst. • PI concurrence is important so that SPO does not inadvertently accept terms that are consistent with policy and law, but unacceptable to a PI or department. Please read your award carefully! 20 Advance Accounts What is an Advance Account and when is it appropriate? UC Davis Policy 230-06 provides PIs the opportunity to plan activities and under certain circumstances begin a project before actual receipt of the award document. The policy designates authority to the Office of Research to approve advance account requests only if all of the following criteria are met: • There is a compelling reason to expend funds prior to receipt of award. • There is verbal or written confirmation to the Office of Research from the sponsor's contract officer or grants management officer that an award is forthcoming*. • The requested advance dates fall within the sponsor’s anticipated award period. • The guidelines from the sponsor do not prohibit commitment of funds before a document is fully executed. • Expenditures will be in accordance with the expected budget categories and limits, sponsor's guidelines, and UCD policies and procedures. • There are funds available within the department, organized research unit, or • college/school to cover the expenditures in the event an award fails to materialize. (SPO is not liable for unreimbursed expenses resulting from establishment of an advance account.) * UNDER THE NEW UNIFORM GUIDANCE §200.458, PRE-AWARD EXPENDITURES ON FEDERAL GRANTS (OR FEDERAL FLOW-THROUGH GRANTS) REQUIRE PRIOR WRITTEN APPROVAL FROM THE FEDERAL AGENCY. THIS IS EFFECTIVE NOW.*** 21 Advance Accounts What is the process for getting an Advance Account? The process for obtaining approval to expend or commit funds prior to receipt of an award may vary according to the sponsor. However, the general process is: • The PI prepares a request to expend or commit funds using • Form 230-06A (available at http://research.ucdavis.edu/wp-content/uploads/Form-230-06AAdvance-Account-Request.pdf ) • The department chair reviews the request and determines whether departmental funds are available to cover the expenses if an award is not forthcoming or is not retroactive to the time of expenditure. • Certain schools/colleges also require dean approval. • The request is forwarded to SPO for review and approval. • If approved by the Executive Director of Research Administration, SPO transmits an approved copy of the request to EFA and EFA assigns the appropriate account and fund number and advises the department that expenditures may be made in accordance with the approved form. • If disapproved, SPO will inform PI and department. 22 The award is signed! • SPO will provide PI, department contact, and EFA with the final award • When can I set up my account? EFA will notify you that you’re able to set up your account. • Who else should I tell about the award execution? • Notify HR, Payroll, Co-PIs, and other departments (both academic and non-academic) who will be involved on the project. • EFA and SPO will notify some relevant campus groups (e.g., Equipment Management), but you will need to share the project account number with these groups. 23 Activity – 20 minutes • Go through your sample awards, and in each, find and highlight the following; • • • • • • Award/Grant/Agreement number Project period Which award was funded at a level below what was requested? Dollar amount of each Reporting Requirements Other Terms and Conditions 24 Understanding the Terms of the Award • When can spending begin? • Even if you’ve received similar awards in the past, review each award carefully – there might be important changes. • What items to note throughout the project? • Terms regarding: reports, deliverables, invoicing, prior approvals, due dates and deadlines… • Award restrictions, if any. • Read the award thoroughly for Project “do’s” and “don'ts” and know when and how a request should be made related to: • Budget, Scope of Work, requesting supplemental funds, extension of time, key personnel changes, equipment purchase, etc. • Prior to expenditure, 60/90 days prior to expenditure, Within X days of execution? Can you purchase equipment within 120 days of the expiration of the project? • Read carefully to spot “options” – for example, Sponsor has the option to fund the project in year 2, but not a commitment. Don’t spend the money for year 2 until you have an agreement for year 2! • Uniform Guidance made changes to prior approval requirements in federal (or federal flow-thru) awards 25 Who to Contact • • • • • Call your Analyst Attend the OR Research Forums (4th Wednesday of each month) Sign up for the CG listserve for important announcements Follow us on Twitter - @UCDavisSPO Other upcoming classes are • Proposal Preparation and Submission • Writing a Proposal Budget: Lab • Sponsored Programs: Essentials, Processes and Best Practices 26 Resources… • Our website - http://research.ucdavis.edu/ • The Compliance Guide (IRB, IACUC, etc.) • Listserves • Monthly Research Forums • Other classes that we offer through Staff Development and Professional Services (SDPS) 27 Our Website… • Complete facelift in November, 2014! • The Office of Research main page is: http://research.ucdavis.edu/ • Faculty Toolkit • Announcements • Sponsored Programs main page is: • http://research.ucdavis.edu/proposals-grants-contracts/spo/ 28 The Compliance Guide • Can be found at our website, under the Award Management tab http://research.ucdavis.edu/wpcontent/uploads/UCDavis_Guide _to_Research_Compliance_20132.pdf 29 http://research.ucdavis.edu/resources/lists erv-subscriptions/ 30 Monthly Research Forums • The fourth Wednesday of each month from 8:30-10am • Located at Sponsored Programs office - 1850 Research Park Drive, Davis. • Invitations are sent out via the OVCR-cg listserv (visit our website to sign up for this listserv) 31 Other classes that we offer • Proposal Preparation and Submission • Writing a Proposal Budget: Lab* *the “concepts” course is offered online • Sponsored Programs: Essentials, Processes and Best Practices • Other courses • Intellectual Property at UC Davis (In conjunction with Innovation Access) Please visit the SDPS website for a list of dates and times and to sign up for all of our classes http://sdps.ucdavis.edu/ 32 Questions? • What questions do you still have? • Don’t forget your evaluation forms! 33 For research-related announcements, you can now follow SPO on Twitter! Follow us at @UCDavisSPO 34
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