Because the contractual relationship in a grant or contract is between the sponsor and Duke University, not the sponsor and an individual, it is essential that the terms and conditions of an award comply with Duke policy. It is the responsibility of ORS to review all award terms and conditions and, if necessary, negotiate changes to insure compliance.
Terms and Conditions in Brief
The terms and conditions of an award define the relationship between the sponsor and the University, clarifying each party's obligations. Terms often include:
Administrative terms – Examples: insurance, indemnity or termination
• award amount and payment terms
• budget and project periods
• procedures for making programmatic and budgetary changes
• the use of program income
• reporting requirements – financial, property
Project related terms
• responsible personnel - for the sponsor and Duke
• statement of work
• reporting requirements - technical, invention
• ownership of intellectual property
• confidentiality requirements
• foreign national restrictions
• publication restrictions
It is the responsibility of ORS to negotiate the terms of an award. This may be a simple process such as in the case of federal assistance awards (grants and cooperative agreements) where the relationship between the government and research universities is already formulated. In contrast, it may take months to negotiate an agreement with a corporate sponsor or a federal contract or subcontract.
The number and complexity of these terms will vary greatly depending upon the source and type of the award. A foundation may provide six, simply worded conditions, while a federal contract may include forty complex acquisition regulations.
Some awards will arrive with the full text of the terms and conditions. ORS will distribute copies to the PI, the department's grant manager, and Sponsored Programs. This is often the case for corporate and foundation awards, and occasionally true for federal awards. However, most federal awards only reference the awarding agency's regulations or policy manuals, the relevant Code of Federal Regulations, or the applicable Federal Acquisition Regulation. These documents are available on-line or are filed at ORS. Award documents and the accompanying ORS Award Notice should be reviewed carefully for special terms and conditions which may supplement or override an agency's general regulations.