At Virginia Commonwealth University (should be true for all VA state
institutions) we (OSP) write all "SUBAWARDS".  We are the only individuals
with the training/experience to include the appropriate flow-downs, which
as we all know, vary all ove the place.

We obtained from State Purchasing a determiniation that a "SUBAWARD" is not
a procurement matter.  "Subaward" (note how carefully we avoid
"sub-contract", just to keep from attracting bored auditors!) results from
a JOINTLY PROPOSED project.  All decisions regarding competetiveness in
selection of "partners" or "joint venturers" and setting cost levels is
accomplished by the sponsor; bringing in Purchasing is truely a waste
because they cannot exercise any of the judgement for which they are
constituted and charged.  (Some of thesed files available if someone needs
to win that battle in their state!)

The language we use is quite standardized.  I have reviewed it with our
General Counsel, who is also a Special Assistant Attorney General.  (He and
I have a working arrangement of almost two decades, here and elsewhere, so
each of knows and respects how the other's mind works, so there have been
mighty few reviews of additional clauses in the last few years).  Of course
the AG is the final arbiter of any contract language in  any state
agency/instrumentality, but, frankly, the AG's office often turns to
University Counsels (who turn to their OSP's) in regard to handling
subawards undert federal $.   Our library of clauses provides alternative
for certain cases -- several clauses are different if the subawardee is
state, rather than private, if costing is fixed or reimbursable, etc.  We
stioll have to individualize about 20% of the agreements, but we need only
concentrate on what is truely unique.

Incidentally, we also write a "reverse" subaward when we are the sub, if
our prime is inexperienced (e.g., some of our state agencies, etc.).  We
can afford to do it because it is faster than receiving, negotiating and
modifying a poorly drawn one.

Certainly it is reasonable that a state ensure that contracts into which it
enters meet rigorous standards.  However, in my personal experience and
observatoions of others, a sentralized office causes much more trouble than
it saves, for University subawards.  Ovbviously, the time delay is a killer
-- I've received finalized executed contracts as much as half a year AFTER
THE END DATE OF THE PRIME!  And, as noted above, OSP trained persons will
understaned the prime awardor's terms and conditions better than some young
attorney, or entrenched bureaucrat, in an office which sees its role as one
of control.

If you have a central control problem, is there a way that they can be
persuaded to delegate the issuance of standardized language?

Chuck

At 05:44 PM 12/16/98 -0600, you wrote:
>
>  Thus, we're trying to get a good cross section of replies from any of you
>who would care to comment describing how complicated (or simple) it is for
>you to execute subcontracts  Please identify your
>    & I'll attempt to summarize for all the others who might be interested
>(preserving confidentiality, of course).   Thanks to all who might reply!
>  Thus, the question is:
>"Does your state's Division of Administration (or other state office) have
>a legal
>review and approval process for subcontracts written under federal, state
>or private prime contracts?"
>  ***************************************
>    Jane E. Prudhomme, M.A., M.S.
>     Director, Research and Sponsored Programs
>       University of New Orleans
>       2000 Lakeshore Drive
>       New Orleans, LA 70148
> Phone: 504 - 280-7154
>        504-280- 3896
>       E-Mail: xxxxxx@uno.edu
>       http://www.uno.edu/~orsp
>*****************************************
>
Herbert B. Chermside, CRA
Director, Sponsored Programs Administration
Virginia Comonwealth University
PO BOX 980568
Richmond, VA  23298-0568
Express Delivery Only:
 Sanger Hall, Rm. 1-073
 11th & Marshall Streets
 Richmond, VA  23219
Voice:  804-828-6772
Fax     804-828-2521
OFFICE e-mail   xxxxxx@VCU.EDU
Personal e-mail xxxxxx@vcu.edu
http://views.vcu.edu/views/ospa/

 ============================================================================