You better be careful. You said that the consultant works at the same institution but will be getting a fee. This is not above board and could be looked at by the IRS as the institution trying to avoid paying the payroll taxes. I do not know of any entities that allow employees to be consultants. I have also never seen a subcontractor on a grant from the same institution. Just because they did it that way in the past does not make it right. ________________________________ From: Research Administration List on behalf of Dean Drake Sent: Tue 9/23/2008 7:04 PM To: xxxxxx@hrinet.org Subject: Re: [RESADM-L] subaward and consultant The other thing to note, is that a consultant normally does not use any of your institutional resources. They are an independent entity. Therefore, technically, they would need to submit their portion of the proposal themselves. I would make them justify why they believe this is a consultancy. I agree this is suspicious and would be very careful about such an arrangement. If accepted, review the consultancy for IP and scope, and make sure the employee understands their role as a consultant. You should also check to see if your institution has any policies regarding consultancies and conflict of interest. I would not recommend allowing someone to be a consultant for an entity when you have a sponsored research agreement with the same entity, and the work is being completed by the group the proposed consultant supervises. Dean A. Drake Associate VP RIC UMBI Phone 410.385.6330 Fax 410.385.6331 http://www.umbi.umd.edu/home.php ________________________________ From: Research Administration List [mailto:xxxxxx@hrinet.org] On Behalf Of Dolce, Peter J Sent: Tuesday, September 23, 2008 6:30 PM To: xxxxxx@hrinet.org Subject: Re: [RESADM-L] subaward and consultant A consultant is an individual who provides services for a fee; generally a consultant doesn't contribute substantially to the design of the project, but rather performs some limited role. (There's a formal definition of "Consultant" in the NIH Grants Policy Statement.) It's quite possible that the lab head functions as a full collaborator, for which a consortium arrangement is appropriate, and the clinic director functions as a consultant. That said-I also would be suspicious of this arrangement. There's a strong financial incentive for prime awardees to pay persons at other schools as consultants because the prime thus avoids paying the other institution's F & A costs that a subaward would incur; and strong financial incentives for persons at the sub to function as consultants because they receive the money over and above their regular salary. Not sure there's much you can do about it if both the prime and the clinic director claim the relationship is a consulting one. . . . PJD **************************************************************** Peter J. Dolce, Ph.D. Associate Vice President for Research Grants Management and Compliance 1005 D. B. Todd Boulevard Meharry Medical College Nashville, TN 37208 Phone 615 327 6237 Fax 615 327 6716 ________________________________ From: Research Administration List [mailto:xxxxxx@hrinet.org] On Behalf Of Schmitt, Andrea L Sent: Tuesday, September 23, 2008 4:45 PM To: xxxxxx@hrinet.org Subject: [RESADM-L] subaward and consultant Hi everyone, we are participating in an R01 re-submission as a subaward. Last submission (prior to me working here) one of our Lab Heads was in the budget as a subcontract, and our Clinic Director was named as a consultant and listed in the prime institutions budget as a consultant. I was asked to do the same for the resubmission, provide them a budget for the lab head and they will include consultant fees for the clinic director. My gut says both should be paid under the subaward costs since they are at the same institution. Am I right? why? or why not? Thanks! Andrea ***PLEASE MAKE NOTE OF NEW EMAIL ADDRESS*** Andrea Schmitt Grants Administrator Sun Health Research Institute 10515 West Santa Fe Dr. Sun City, AZ 85351 623-876-5628 623-876-5461 (fax) xxxxxx@bannerhealth.com ====================================================================== 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") ====================================================================== DISCLAIMER: This email and any files transmitted with it may be privileged, confidential, and contain health information that is legally protected. This information is intended only for the use of the individual or entity named above. The authorized recipient of this information is prohibited from disclosing this information to any other party unless permitted to do so by law or regulation. 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