I work at an FFRDC, although not in the contracting office.  What I have learned is that you really aren't negotiating with the FFRDC, but with the federal agency that owns the FFRDC (referred to here as the "owner"). They have strict limitations regarding certain clauses.  Depending on a proposed change to a certain clause, it may require prior approval from the FFRDC's owner before the changes can be accepted.  Use of a standard contract agreement offered by the FFRDC guarantees that the owner will approve the contract.  Using anything else will require the owner to review.  You aren't negotiating directly with the owner, but relying on the contract administrator at these labs.  They know best when a contract change will require prior owner approval.

The unseen part in this is that we are required to get owner approval to accept the work in the first place.  Normally not a big deal, but can delay acceptance of an incoming award.

Kris

Kristina Duryea 
Departmental Grants Administrator
Brookhaven National Laboratory (owner is the Dept of Energy)
Medical Department, Bldg. 490
Upton, NY  11973-5000
631-344-7850 voice
631-344-2358 fax
xxxxxx@BNL.gov

-----Original Message-----
From: Research Administration List [mailto:xxxxxx@lists.healthresearch.org] On Behalf Of Karl I. Hereim
Sent: Friday, January 28, 2011 10:13 AM
To: xxxxxx@lists.healthresearch.org
Subject: Re: [RESADM-L] RESADM-L Digest - 27 Jan 2011 (#2011-21)

Having been away from this kind of situation for over a year, I might be a
little rusty on the particulars, but here is my take based on experience.

Any federal institution with which you need a subrecipient relationship
will not agree to the terms of your prime, period.  It can't.  The only
prime it is beholden to is the document that funds that entity.  You may,
depending on the contract official, be able to negotiate an
"understanding" of your prime terms, but otherwise your institution simply
needs to make a risk assessment.  If the fed entity is willing to perform
your scope of work, you are often okay.  If you have a prime contract with
intricate work involved, you may wish to talk to your sponsor about it,
depending on your sponsor relationship.  Either that or don't take the
risk.  Keep in mind that federal terms have a lot of similarity across the
board, so even if they won't agree to your Ts and Cs, your potential
subrecipient is probably agreeing to similar ones.

Moreover, the entity will require advance payment in full (which can be
negotiated to be on a schedule), as the feds won't do what they consider
outside work unless there is cash on the barrelhead.

The preferred, and frustrating, document for this kind of agreement is
usually a CRADA (Cooperative Research and Development Agreement).
Different agencies have different versions.  You will need to use the one
dictated by your sub.

It sucks, but that's how they roll.  However, it is not impossible, and
can in fact be successful.

Karl
Karl Hereim, CRA
Grants and Contracts Specialist
Texas Regional Collaboratives
Center for Science and Math Education
The University of Texas at Austin, D5500
Austin, TX  78712-0377
Phone: 512-471-7408  Fax: 512-471-9244
xxxxxx@austin.utexas.edu

>  2. Subrecipient Relationships with Federal Laboratories - Assistance
>     Please...
>

>
>Date:    Thu, 27 Jan 2011 17:05:10 -0700
>From:    Ancelmo Encinias <xxxxxx@NMSU.EDU>
>Subject: Re: Subrecipient Relationships with Federal Laboratories -
>Assistance Please...
>
>I would be very interested in responses as well.  It appears we have a
>similar situation brewing in New Mexico with one of our national labs.
>
>
>Ancelmo "Sam" Encinias,
>Assistant Director, Office of Grants and Contracts
>New Mexico State University
>P. O. Box 30002, MSC OGC
>Corner of Espina Street and Stewart Street
>Anderson Hall, E-1200
>Las Cruces, NM  88003-8002
>Phone: 575-646-2063
>Fax: 5575-646-2020
>E-mail: xxxxxx@nmsu.edu
>
>
>-----Original Message-----
>From: Research Administration List
>[mailto:xxxxxx@lists.healthresearch.org] On Behalf Of Sandra Nordahl
>Sent: Thursday, January 27, 2011 2:24 PM
>To: xxxxxx@lists.healthresearch.org
>Subject: [RESADM-L] Subrecipient Relationships with Federal Laboratories -
>Assistance Please...
>
>We have a cooperative agreement with our local Naval installation
>(Department of Homeland Security prime funder) and have been requested
>to enter into a subrecipient agreement with a Federally Funded Research
>and Development Center "FFRDC".  The FFRDC does not want to utilize the
>standard subrecipient template (including sponsor terms and conditions)
>that has been utilized for all other subrecipients on this cooperative
>agreement.  They have forwarded their template for use, which does not
>incorporate many of the federal terms and conditions associated with our
>prime agreement.
>
>In the past, another DoD agency would not allow us to use the FFRDC
>template and required flow down of their terms and conditions.  This
>resulted in the DoD organization adjusting our scope of work and funding
>(rightly so) and working directly with the FFRDC.
>
>I have contacted my contracting officer and am awaiting direction.  Do
>any of my colleagues offer templates and/or advice on working with
>FFRDC's?  I would greatly appreciate your insights and suggestions.
>Please feel free to contact me directly or post to the list.
>
>Best Regards,
>Sandra
>
>Sandra M. Nordahl, CRA
>Facility Security Officer and Co-Director
>Sponsored Research Contracting and Compliance
>San Diego State University Research Foundation
>5250 Campanile Drive
>San Diego, CA  92182-1934
>email:    xxxxxx@foundation.sdsu.edu
>phone:   619-594-4172
>fax:        619-582-9164
>web:      www.foundation.sdsu.edu
>
>
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>End of RESADM-L Digest - 27 Jan 2011 (#2011-21)
>***********************************************

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