My understanding is that any entity who receives federal flow through
funds is subject to these regulations already. This includes
institutions that administer federal loans to students and entities
that receive medicare/medicaid.
I have seen the below language in many subcontracts, but most
entities you will be issuing subcontracts to are subject to these
regulations anyway.
When you accept federal grants you agree to comply with a lot more
than the below. Study CFR's and OMB circulars and see the websites
of major research institutions many of which have subcontract
language on their websites.
Deborah Everds, JD
Northwestern University
At 11:00 PM 11/17/2007, RESADM-L automatic digest system wrote:
>There is 1 message totalling 74 lines in this issue.
>
>Topics of the day:
>
> 1. SubAwards & Equal Employment Opportunity
>
>----------------------------------------------------------------------
>
>Date: Sat, 17 Nov 2007 15:29:52 -0800
>From: Christian Harker <xxxxxx@CAYUSE.COM>
>Subject: SubAwards & Equal Employment Opportunity
>
>All-
>
>An attorney friend associated with a PUI has stumped me and I'm hoping
>you experts will help. Here's what he asked me:
>
>"Are NIH grantees required to comply with Executive Order 11246,
>entitled "Equal Employment Opportunity", as amended by executive Order
>11375, and as supplemented by U.S. DOL regs (41 D.F.R. Ch 60)? It
>appears that NIH grantees must include this language in any subaward; is
>that correct?"
>
>I immediately thought "WHAT???" and when I asked for some context, he
>sent me this:
>
>===================
>"NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
>"The Subawardee agrees to comply with the applicable provisions of the
>U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504
>of the U.S. Rehabilitation Act and th rules applicable to each. The
>Subawardee shall comply with Executive Order 11246, entitled "Equal
>Employment Opportunity", as amended by Executive Order 11375, and as
>supplemented by the U.S. Department of Labor regulations (41 C.F.R.
>Chapter 60). The Subawardee agrees to incorporate this clause into all
>Subcontracts under this Contract.
>
>"The underlined portion requires the subawardee to create an affirmative
>action plan and otherwise comply with some pretty daunting
>administrative procedures. Most entities considering whether to go down
>this road figure it is at least one FTE to have someone in charge of and
>running the compliance program. Most small, private colleges and
>universities would probably not be subject to this regulatory scheme but
>for the presence of this language in a federal contract they sign.
>
>"My question is, why does this appear in a subaward if it is not in the
>original grant. I am told that it is required by NIH, but I can not
>find the hook. I did find it on the NEH website, and apparently it is
>required only on subawards."
>========================
>
>Have any of you encountered this? Thanks in advance for any help!
>
>- Chris
>
>--
>
>Christian Harker, Ph.D.
>President
>xxxxxx@cayuse.com
>
>Cayuse, Inc.
>
>Suite 654, Park Plaza West
>10700 SW Beaverton-Hillsdale Hwy.
>Beaverton, OR 97005
>503-297-2108 ext 207
>503-297-0414 fax
>www.cayuse.com
>
>
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>End of RESADM-L Digest - 16 Nov 2007 to 17 Nov 2007 (#2007-265)
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