You have the right to require any clauses you want.  They have the right to
refuse them.  U.S. federal regulations do not necessarily apply to them,
but you can prepare language that encompasses  these regulations' effect on
you.

A-21 is not directly applicable to a foreign entity because of everything
in it regarding F&A and documentation of effort.  You might attach it and
invoke some parts of it, e.g., Sections C, D. & J, excluding reference to
F&A and including any definitions in B that are applicable.  Reserve the
right to review any cost for allowability and include a requirement that
they repay anything your sponsor finds unallowable.

A-133 is similarly problematic, but you can require a copy of any audit
that meets generally accepted auditing standards, or government standards, etc.

Just claim all inventions as belonging to you -- they are likely to start
being more flexible, and you can negotiate language that allows you to meet
37CFR401 as it applies to you.

Contracts with foreign entities take more trouble because of this situation.

Chuck

At 10:04 AM 11/21/00 -0600, you wrote:
>We recently encountered a problem whereby an institution in Canada has
>requested
>that we delete all references to A-21 and A-133 in our subcontract.  Also,
>with
>regard to Inventions and Patents, the institution is not willing to follow the
>specific CFR with regard to Inventions and Patents.  Has anyone ever come
>accross these problems?  If so, how did you solve these problems?  If no
>one has
>encountered this problem, does anyone have any ideas?
>
>Mike Luczak
>Grants Administrator
>Research Administration
>Saint Louis University
>xxxxxx@slu.edu
>Phone:  314-577-8108
>Fax:  314-268-5551
>
>
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Herbert B. Chermside, CRA
Director, Sponsored Programs Administration
Virginia Commonwealth University
PO BOX 980568
Richmond, VA  23298-0568
Express Delivery Only:
 Sanger Hall, Rm. 1-073
 11th & Marshall Streets
 Richmond, VA  23219
Voice:  804-828-6772
Fax     804-828-2521
OFFICE e-mail   xxxxxx@VCU.EDU
Personal e-mail xxxxxx@vcu.edu
http://views.vcu.edu/ospa/

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