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Re: Contract Negotiations Sally Eckert-Tilotta 08 Sep 1999 10:46 EST

I want to emphasize the benefits of taking the time to keep the PI informed.  I was involved with negotiating a sub with a company.  The PI here assured me that there would be no difficulty, this company has done this before, and we really don't even need anything in writing! (Meaning, I'm being the holdup here.)

When we received the company's response, the PI was appalled at the "protective stance" they were taking and that he was amazed that "they didn't seem to commit themselves to anything."

The mess is not cleaned up as yet, and probably won't be for a while, but the PI is getting an education on contract negotiation that I'm sure will stick with him.

***************************************************
Sally Eckert-Tilotta, PhD, Assistant to the Director
Office of Research and Program Development
University of North Dakota
Grand Forks, ND  58202
email:  xxxxxx@mail.und.nodak.edu
tel:  701-777-2049
fax: 701-777-2504

>>> "Lisa R. Ballance [VCU Trials-Outcomes Inst]"             <xxxxxx@HSC.VCU.EDU> 09/08 10:25 AM >>>
I have noted that clauses are also the hold-up!

Have found that a single issue (e.g., equitable relief language) should
not delay by more than 3 back-and-forths.  This means 3 hours or days or
weeks.

So, there is no "maximum" that I am privy to -- however, with each
contract, we keep a negotiation log.  This allows us to keep the
investigator informed and document delays (good to show the PI).

Recently, I had a CRO, Sponsor Company, and Law Firm ALL involved in the
negotiation of a contract -- so let me add, the more parties, the more
time it seems to take!  In this case, I emailed the Inv. with updates
including last action taken and next action expected.

Good Luck!!!!!

Susan Benjamin wrote:
>
> Here is one of those "simple" questions for which there is no simple
> answer.  What is the "normal" length of time it takes for the negotiation
>  and processing of a commercial sponsor agreement which requires
> negotiations?  This would be the time from receipt of the proposed
> agreement in the Grants Office to execution of the final agreement.  We
> have had our share of the "easy" ones and that is not really my question.
>  It seems more and more negotiations are required for various clauses.  We
>  find it sometimes will take the sponsor quite a bit of time to respond to
> our comments or requests to revise clauses.  We are meeting with a group of
> researchers who have posed this question, with the indication that it takes
> longer then necessary to process the agreements in question.
>
> Thanks in advance.
>
> Susan Benjamin
> Grant Administrator
> Health Research, Inc.
> (518)431-1261
> xxxxxx@health.state.ny.us
>
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