Because the contractual relationship in a grant or contract is between the sponsor and Duke University, not the sponsor and an individual, it is essential that the terms and conditions of an award comply with Duke policy. It is the responsibility of ORS to review all award terms and conditions and, if necessary, negotiate changes to insure compliance.

Terms and Conditions in Brief

The terms and conditions of an award define the relationship between the sponsor and the University, clarifying each party's obligations. Issues often covered include:

• award amount and payment terms
• budget and project periods
• responsible personnel - for the sponsor and Duke
• statement of work
• reporting requirements - technical, financial, invention, property
• procedures for making programmatic and budgetary changes
• the use of program income
• ownership of intellectual property
• publication rights
• confidentitality
  

It is the responsibility of ORS to negotiate the terms of an award. This may be a simple process such as in the case of federal awards where the relationship between the government and research universities is already formulated. In contrast, it may take months to negotiate a agreement with an corporate sponsor.

The number and complexity of these terms will vary greatly depending upon the source and type of the award. A foundation may provide six, simply worded conditions, while a federal contract may include forty complex acquisition regulations.

Some awards will arrive with the full text of the terms and conditions. ORS will distribute copies to the principal investigator, the department's grant manager, and Sponsored Programs. This is often the case for corporate and foundation awards, and occasionally true for federal awards. However, most federal awards only reference the awarding agency's regulations or policy manuals, the relevant Code of Federal Regulations, or the applicable Federal Acquisition Regulation. These documents are available on-line or are filed at ORS. Award documents should be reviewed carefully for special terms and conditions which may supplement or overide an agency's general regulations.

Agency Rules and Regulations

The following is a list of federal agency resources available on-line for post-award management. (As stated above, if the rules and regulations are not available on-line, ORS provides a copy to the principal investigator and department when the award notice is distributed.)

• DOE: 10 CFR 605 Department of Energy's Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education
• ED: Education Department General Administrative Regulations (EDGAR)
• NSF's General Grant Conditions and Grant Policy Manual
• NASA Grants Handbook
• ONR: Office of Naval Research Grant General Terms and Conditions
• NIH: National Institutes of Health Grants Policy Statement
• AFOSR: Air Force Office of Scientific Research General Terms and Conditions
• AFRL: Air Force Research Laboratory Grants Terms and Conditions