Stephen: I whole-heartedly agree with you. I was trying to reply to Gloria's question and trying to keep a thread going. Perhaps I shouldn't have done that, or at least indicated my agreement with what you stated. Sorry for the confusion, gang. Greg Stephen Erickson wrote: > 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 > > > > > > > > ====================================================================== > > Instructions on how to use the RESADM-L Mailing List, including > > subscription information and a web-searchable archive, are available > > via our web site at http://www.hrinet.org (click on "Listserv Lists") > > ====================================================================== > > -- > 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 > > ====================================================================== > Instructions on how to use the RESADM-L Mailing List, including > subscription information and a web-searchable archive, are available > via our web site at http://www.hrinet.org (click on "Listserv Lists") > ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================
