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Negotiations

After your proposal has been submitted to the sponsor and an award is received by the Research Foundation, the assigned negotiator will review the award terms and conditions for adherence to the Research Foundation’s standard terms and conditions in accordance with Texas A&M University System rules and regulations.

DOCUMENTS REVIEWED

Negotiators review and negotiate contracts (not grants), awards sent to us via subaward, and Requests for Proposals (RFPs). Negotiators also review and negotiate Unfunded and Nontraditional Research Agreements such as Material Transfer Agreements, Confidentiality/Non-Disclosure Agreements, Equipment Lease Agreements, Property Lease Agreements, Teaming Agreements, and Other Basic Agreements.

PRINCIPAL INVESTIGATOR APPROVAL OF AWARD

After receipt of an award, the Principal Investigator will receive an e-mail from the negotiator requiring review and approval of the terms and conditions of the award document.

ITEMS REVIEWED BY NEGOTIATORS

  • Content of award, including correct budget, scope of work
  • Payment terms (cost reimbursable preferred over fixed price)
  • Technical and financial reporting requirements
  • Period of performance
  • FAR clauses appropriately included
  • Export control
  • Publication rights
  • Intellectual property rights
  • Confidentiality requirements
  • Title to equipment
  • Travel terms
  • Termination language
  • Compliance issues, including Financial Conflict of Interest, Human Subjects, Animal Subjects, and Biosafety Issues

TROUBLESOME CLAUSES

Typically these clauses require extra time to negotiate.

  • Publication Restrictions
  • Foreign National Restrictions
  • Export Control
  • Intellectual Property restrictions

If any terms vary from the Research Foundation’s standard terms in accordance with institutional policy, approval is required from the PI, Department Head, Dean, and System Member.

COMPLIANCE ISSUES

  • IRB approval for human subjects
  • IACUC approval for animals
  • IBC approval for biosafety issues

Approvals are required before PI can begin spending on account. The award can be fully executed prior to receiving approval, however, spending is not allowed on the account until an approved protocol is received.

SUBAWARDS

Subawardees are generally identified at the proposal stage. If a subawardee is not identified at proposal stage, sole source justification and sponsor approval may be required prior to implementation of subaward. The subaward negotiator will prepare a subaward document to be issued to the subawardee. The subaward will comply with all standard and special terms and conditions of the prime award.

FINAL PROCESSES

After an award has been reviewed and approved by all parties as required, the negotiator contacts the sponsor to begin the negotiation process. When negotiations have been completed, the award is executed and forwarded to Post Award Project Management for project set up.

TIMEFRAME

The timeframe for receiving an award to executing the award can take anywhere from 2 to 4 weeks or beyond, depending on the complexity of the award, the associated negotiations involved and the time required to obtain approvals.