Subawards from UCAR Susan Anderson Rivaleau 22 Dec 2004 11:43 EST

Hi, all,

We are reviewing a subagreement from UCAR (University Corporation for
Academic Research, in Denver, CO).  We are one of UCAR's "Academic
Affiliate Universities" or non-doctoral granting insitutions, as opposed
to their Member Universities.  A few years ago, we accepted a UCAR
subaward, which was pretty simple and straightforward.

However, the new format consists of 47 articles (plus separate terms and
conditions, SOW and budget).  Many of these articles are what might be
considered standard "boilerplate" language, but a few of them are tricky
for us, as a state college (for example, insurance requirements include
insurance written by companies licensed in Colorado -- we are in SC, and
self-insure; confidentiality requirements do not define UCAR
Confidential Information; governing law requirements would hold us to
Colorado law; disputes and arbitration requirements would hold us to
binding arbitration in Denver; etc.).  I was told that these are
required flowdown terms from NOAA, but wonder if there may not be some
leeway.

We would like to work with UCAR on this project, and would appreciate
any experience others may have had in negotiating  troublesome clauses
with them.  The person I have dealt with at UCAR seeems very reasonable
and willling to investigate options.  The irony is that the original
subaward amount, less than $10,000, has been cut (for now, anyway) to
10% of the request, so we're looking at less than $1,000... they do
expect to be able to restore the cut later, though.

Thanks, and happy holidays,
Susan

--
Susan Anderson

Assistant Director
Office of Research & Grants Administration
66 George Street
Charleston, South Carolina 29424
843-953-4973 (voice)
843-953-6577 (fax)
xxxxxx@CofC.edu
http://www.orga.cofc.edu/

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