In a fixed price or retainer based agreement, the invoice should be able to be traced back to an agreement that clearly defines the scope of work to be performed as well as all financial terms and conditions. 0000001700 00000 n
THIS AGREEMENT (“Agreement”) is made and entered into as of the date of last signature below (hereinafter “Effective Date”) by and between _____, a [Limited Liability Company, Corporation] The SBA works with a number of local partners to train and support potential SBIR/STTR applicants around the country. Let’s start by clarifying what is meant by subcontracts, consultants and subcontractors. There are many unfortunate cases of small firms and universities that teamed on STTR projects, for example, and then found their philosophies, work styles, schedule, and/or expectations were incompatible. 0000005375 00000 n h�bbRd`b``Ń3� �1@� �� endstream endobj 219 0 obj <>/Metadata 38 0 R/PageLabels 35 0 R/Pages 37 0 R/StructTreeRoot 40 0 R/Type/Catalog/ViewerPreferences<>>> endobj 220 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 6/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 221 0 obj <>stream While STTR mandates that there be a subcontract and that it be with a subcontractor (an entity), there is greater flexibility with an SBIR where up to 33% of a Phase I project, and up to 50% of a Phase II project, can be subcontracted to a consultant, a subcontractor, or both. 0000007133 00000 n .css('width', '100%') .css('font-size', '16px'); 0000006663 00000 n 0000011267 00000 n between _____ and .
0000001879 00000 n
0000098053 00000 n 0000054057 00000 n Therefore, a university professor who consults is not going to qualify as the required subcontractor on an STTR project. 0000067414 00000 n NASA is perhaps the most complicated, requiring that profit be removed, then the dollar value of any G&A cost of the applicant that is being applied to the subcontract must be added to the subcontract value before calculating the percentage. .css('font-size', '12px'); If you don’t already have a relationship with a subcontractor or consultant, it could take some time to establish it. 0000060904 00000 n For example, National Institutes of Health (NIH), NSF and DHS simply say that it is (in a Phase I SBIR) 33% of the total contract or grant amount. Small Business Innovation Research (SBIR) Subcontract. 0000004840 00000 n .css('display', 'flex') 0000005941 00000 n .main-container .alert-message { display:none !important;}, Preparing a Responsive Proposal - TUTORIAL 4, National Aeronautics and Space Administration, Correct Inventorship Prevents Patent Application Headaches, Inventorship: Navigating the Muddy Waters of Inventorship Determination and Correction, How to get an objective look at the proposal, STTR: An Assessment of the Small Business Technology Transfer Program, An Official Website of the United States Government, Federal And State Technology (FAST) Partnership Program, Growth Accelerator Fund Competition (GAFC), https://www.fenwick.com/FenwickDocuments/Correct_Inventorship.pdf, https://extranet.kilpatricktownsend.com/IPDeskReference/Documents/Inventorship.pdf, http://www.captureplanning.com/articles/11835.cfm, http://www.proposalworks.com/proposal-writing-tips/red_team, http://www.nap.edu/catalog/21826/sttr-an-assessment-of-the-small-business-technology-transfer-program. 0000006775 00000 n Questions like ownership of intellectual property, maximum amount of consulting allowed, and conflict of interest with regards to funding agencies need to be answered before bringing them on board. With over 40 years of government award accounting experience, clients from coast-to-coast, and over $5 billion in awards managed, Jameson knows the agencies and regulations—and how to help our clients avoid the pitfalls. 0000054096 00000 n 0000008467 00000 n
However, this is not always the case—some institutions require, through their employment agreements, that any IP created by their staff members belongs to the institution, even if the staffer created it on their “personal time. Additionally, FAR 31.205-33 requires that consulting and subcontract charges must be “supported by evidence of the nature and scope of the service furnished”. Subcontract and consulting services can often represent a significant portion of the budget for a Small Business Innovation Research (SBIR) contract or grant.Therefore it´s critical to understand the requirements for documenting these charges to avoid having these costs disallowed upon audit by DCAA or an independent CPA firm during a Uniform Guidance Audit, formerly known as …
}); The definition of a subcontractor is less precise and a clear definition is not evident in the solicitations. So if the Phase I award is for $150,000, then up to $50,000 can be subcontracted. hbspt.cta.load(335011, '3dbbf463-f68a-4cb2-898b-e8d7faa66763', {}); Not all government contracts and grants are the same.
0000087363 00000 n If the total contract is for $150,000 with $10,000 of it being for profit/fee, then DOD will limit a Phase I SBIR subcontract to $46,200. Now let’s look at the word “consultant.” According to the De-partment of Energy’s SBIR program, a consultant “is generally .css('text-align', 'center') .css('font-weight', '700') Finally, it is strongly recommended that you have a written agreement between the applicant small business and any subcontractor or consultant. 0000003750 00000 n Bringing a university or Federal Laboratory staff member onto your team as a consultant also may avoid some of the intellectual property (IP) issues that can arise if the university or Lab is made a subcontractor on the project. h�b```")}�A���bl,3^K-Io ��q40���"�gL���9�S�=��%�'�2_.�y�"��籏�c�N�ѫ{��o,��6oX��xE@�-G�30�C�4���g⁴ہET�N�����x��q�cX��&���L�6 9�� �XD�v4�0>g`pHUahj�2�h[��P���������jC�[C���M��_`��p��CA҃A��� ����1��( tJ��p�'r�)3p�ri���@����� �����ldz�u.����cDB�u��4���@)u.�)��� ��c� endstream endobj 264 0 obj <>/Filter/FlateDecode/Index[40 178]/Length 29/Size 218/Type/XRef/W[1 1 1]>>stream For subcontracts, the written agreement should also inform the sub recipient of any applicable pass-through requirements in accordance with the prime contract. 0000087736 00000 n Click here for information on our free resources, our free webinar, or to contact us. The agencies encourage applicants to consider subcontracting. 0000003837 00000 n 0000042762 00000 n (1) Any federal executive agency intending to solicit a proposal to contract for property or services valued above the amounts set forth in Federal Acquisition Regulations (FAR) § 5.101, must transmit a notice of the impending solicitation to The exception to this is when that individual is well known and respected in his/her own righ, Having a large subcontractor, such as a university or large corporation, may discourage potential IP infringers that do not want to take on a large entity that has substantial resources for litigation. © 2020 Jameson & Company, LLC.
Such an agreement is required for an STTR, and must address allocation of intellectual property between the applicant and the research institution. 0000080849 00000 n But at DOD, the calculation is made after profit/fee is removed from the total amount.
6. One of our government funding experts will contact you within 48 hours to schedule a phone call. If an independent consultant relationship is proposed, the signed letter should not be on university letterhead.
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