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")
======================================================================