Of course a foreign entity that applies as a subcontractor should be
responsible for knowing which regulations COULD be applied to it !

Technically, the subcontractor might have already filed an assurance with
OHRP if the research involves human subjects. Other than that, the
obligations should be specified in the subcontract because by default, a
foreign entity has to abide by the applicable local law, and then only to
whatever agreed to contractually.

I have been involved in a number of subcontract agreements, and I did learn
a lot during fruitful discussions with research managers from various US
institutions. As colleagues, we appreciate that our role is to make sure
that we can cooperate as effectively on the "administrative issues" as
researchers from our respective institutions collaborate on the "scientific
issues".

If only as a courtesy, it would indeed be nice if administrators from the
foreign entity were provided with a comprehensible subcontract that clearly
states what is expected in term of reports, disclosures, assurances, etc...
As mentioned bu Chuck, an honest look at what does not apply to foreign
entities is well worthwhile.

As with many things in life, the first time around is quite something, and
with experience comes confidence !

Regards,

Luc Simon

Le 05/03/03 14:58, « Herbert B. Chermside » <xxxxxx@VCU.EDU> a écrit :

> Recommend that you treat a foreign recipient with no experience with NIH as
> fully unknowledgable.  Be explicit about applicable regulations, and
> provide URL's.  Also inform them as to what does not apply; you need to
> know that anyway to ensure proper monitoring of them.  You will have to add
> some clauses to your agreement to handle special matters.  The NIH GPM is a
> start place, but give them CFR's and OMB Circulars, too.  And specify that
> "requests to the sponsor agency" come to you, not NIH.
>
> From experience, I also recommend that you include a clause warranting
> that the individual who sign the agreement has the authority to execute on
> behalf of the institution.
>
> Chuck
>
>
>
> At 01:34 PM 3/5/2003 -0600, you wrote:
>> A foreign subcontractor wants to say that it will comply only with  those
>> "federal laws provided to it by us"!  If a foreign entity applies as a
>> subcontractor, shouldn't it be responsible for knowing which regulations
>> apply to it?
>>
>> Should we just refer them to the "dot gov" web site and tell them all the
>> regs they need are on there?!
>>
>> Since it's an NIH sub, is the NIH Grants Policy Manual comprehensive enough?
>>
>> You may reply directly to me at xxxxxx@utmem.edu
>>
>> Thanks!
>>
>> Debbie Smith
>>
>> Deborah (Debbie) L. Smith, Ed.D.
>> Director, Research Administration
>> UT Health Science Center
>> 8 So. Dunlap, Suite C-109
>> Memphis, TN  38163
>> (901) 448-4823
>> (901) 448-7600 fax
>> xxxxxx@utmem.edu
>>
>>
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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:
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> Personal e-mail xxxxxx@vcu.edu
> http://www.research.vcu.edu/ospa.htm
>
>
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=========
Luc Simon

Conseiller en gestion de la recherche
Vice-rectorat a la recherche
Université Laval
Telephone: (418) 656-2131 - poste 5301
Telecopieur: (418) 656-2506
Email: xxxxxx@vrr.ulaval.ca

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