Review and Negotiation of Federal Contract and Grant Terms and Conditions

Negotiation of Agreements

  • When OSP reviews Agreements the main areas of concern are:
    • Publication Restrictions
    • Foreign National Restrictions
    • IP Rights/Ownership
    • Federal Contracting Clauses – “the FAR”
    • Overall Risk to the Institute by accepting awards terms
      • For example cost implications, deliverable requirements

Grants

  • Most Grants received by MIT direct from the Federal Government fall under previously negotiated terms that have been agreed to by the Federal Demonstration Partnership (FDP) *
    • There is no negotiation involved with Federal Demonstration Partnership/ Research Terms and Conditions (FDP/RTC)
  • Federal Terms and Conditions can be found at: http://www.nsf.gov/awards/managing/rtc.jsp
  • MIT also receives Grants from Sponsors who have been funded by Federal Agencies. Often these grants contain the FDP/RTC terms and no negotiation is required
  • There are instances where Sponsors add their own troublesome terms that need to be negotiated out by OSP
* NOTE: Updates to this section to be provided upon finalization of FDP/RTC terms by the Federal Agencies as they relate to Uniform Guidance. Please see link below on Uniform Guidance.

Cooperative Agreements

  • Most Federally-funded cooperative agreements contain terms acceptable to MIT. There is very little negotiation of these terms
  • There are instances where Sponsors add their own troublesome terms that need to be negotiated out by OSP

Contracts

  • Require a large amount of negotiation
  • Areas of concern are:
    • Publication Restrictions
    • Foreign National Restrictions
    • IP Rights/Ownership
    • Approval of Work Product
    • Security Issues and Access Requirements
    • Federal Contracting Clauses – “the FAR”
    • Overall risk to the Institute by accepting awards terms
      • Examples: cost implications, deliverable requirements, proposed contract type

Key Resources

Uniform Guidance

Part 200—Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards

Grants

FDP/RTC Research Grant Terms and Conditions 

Contracts

Federal Acquisition Regulations and other Federal Agency Specific Regulations  

Acquisiton.Gov