Perhaps I didn't make myself clear. I didn't say one would write a subcontract to a
consultant. But an agreement defining the scope of services, intellectual property
rights (or lack thereof), payment terms etc should be written. You can call it a
consultant agreement, a personal services agreement, whatever. My point is that unless
you define the relationship with an agreement and not just a check, you are asking for
trouble.
Steve
Gregory Schmidt wrote:
> I would not do a subcontract for a consultant's work. The difference between a sub
> and consultant is in their activity and it's relationship to the Statement of Work
> (SOW). A consultant guides, aides or provides other technical or professional
> service to the PI. While they may impact the results of the SOW, they do not
> conduct work resulting in the satisfaction of a portion of the SOW. A
> subcontractor, on the other hand, conducts a part of the SOW and is responsible for
> the outcome of that work. Also, a consultant is not defined by their corporate
> identity (e.g., the idea that persons get consultant agreements while companies get
> subs is incorrect).
>
> I've seen a sub go to an individual - not often, but it does happen. One case was
> when the individual was constructing and maintaining a web page. This was a stated
> objective of the award, i.e.. it was in the SOW. I gave him a subcontract.
>
> I've also done professional service agreements (consultants) with companies. One
> was doing testing of airfoils in a wind tunnel. This was not a stated objective
> which was, as I recall, to design and build a certain type of wing that met certain
> drag and turbulence coefficients. While we couldn't have met the objectives without
> the testing, all the testers did was tell us the numbers and we determined whether
> we had achieved the objective. They did not do any design or construction.
>
> Greg
>
> Stephen Erickson wrote:
>
> > I think we should go one step farther in this. It's true that consultants should
> > not receive the same type of agreement as we would send to subcontractors ---
> > but it is crucial that agreements are executed with consultants. They are
> > normally very restrictive in terms of intellectual property and other
> > considerations. They should be done on a fixed price or daily rate basis, and
> > should in virtually all cases be done on a work-for-hire basis.
> >
> > "Baumann, John" wrote:
> >
> > > No, in my experience is neither necessary nor, quite frankly, advisable.
> > > After all, the consultant does not have the same responsibilities to the
> > > funding source that the grantee does.
> > >
> > > John R. Baumann, Ph.D.
> > > Director
> > > Office of Sponsored Programs & Research Support
> > > University of Missouri -- Kansas City
> > > 5100 Rockhill Road
> > > Kansas City, MO 64110
> > >
> > > 816.235.1303 (v)
> > > 816.235.6532 (f)
> > > xxxxxx@umkc.edu
> > >
> > > location: 5211 Rockhill Road
> > >
> > > -----Original Message-----
> > > From: Gloria Greene [mailto:xxxxxx@EMAIL.UAH.EDU]
> > > Sent: Thursday, November 08, 2001 1:55 PM
> > > To: xxxxxx@HRINET.ORG
> > > Subject: [RESADM-L] Flow Down Clauses
> > >
> > > I have a question, when issuing a subcontract to a CONSULTANT, is it
> > > necessary to flow down the prime contract clauses?
> > >
> > > Gloria Greene
> > > Assistant Research Administrator
> > > UAH, Office of Research Administration
> > > voice: (256) 824-2657
> > > fax: (256) 824-6677
> > >
>
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--
Stephen Erickson
Director, Office of Research Administration
Boston College
McGuinn Hall 600
Chestnut Hill, MA 02467
Telephone: 617-552-3344
On-Campus Fax: 617-552-0747
Fax to My Computer: 413-895-8328
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