Effective with the infoED version 15 upgrade in December 2017, enhancements and additions have been made to the terms and conditions page in infoED.
It is important to understand that it may not be possible to capture all of the restrictions applicable to an award on the terms and conditions page in infoED. The award documents attached in infoED should be referenced for additional guidance.
In addition to the terms and conditions of an award, the University must also follow public laws, agency and program regulations and CU policies according to the order of precedence or as described in the award.
Departments and those with read only access to infoED can only see those terms that are selected. The purpose of the terms and conditions page is to note particular terms and conditions for awareness, however, the entirety of the award as attached in infoED should also be consulted.
Updated List of Terms and Conditions
The following provides the complete list and definitions of the terms and conditions that appear on the infoED terms and conditions page. The updated list in infoED is divided into multiple categories:
- General Award Management
- Prior Approvals
- Financial Related
- Contract Clauses or Related
- Service Agreement Related
- Property and Equipment
Contract and grant officers can answer questions and help you understand particular terms and conditions related to your specific awards.
Disclaimer: Definition: This section is not intended to replace your award document, which is attached in infoED and should always be referenced. The Principal Investigator (PI) has ultimate responsibility for the management of the award and should work with their DRA or OCG if there are any questions on the award terms and conditions. In addition to the terms and conditions of an award, the University must also follow public laws, agency and program regulations, and CU policies according to the order of precedence or as described in the award. General Award Information: (1) For all NIH Awards the NIH Public Access policy applies. PI and Department are required to make publications available in accordance with https://publicaccess.nih.gov/policy.htm. (2) For all Federal, non-commercial awards, the Fly American Act Applies.
General Award Mgmt: Clinical Trials Definition: This award provides support for one or more clinical trials. By law (Title VIII, Section 801 of Public Law 110-85), the “responsible party” must register “applicable clinical trials” on the ClinicalTrials.gov Protocol Registration System Information Website. NIH encourages registration of all trials whether required under the law or not. For more information, see NIH Clinical Trials.
General Award Mgmt: FFATA Definition: The FFATA Subaward Reporting System (FSRS) is the reporting tool Federal prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation data regarding their first-tier subawards to meet the FFATA reporting requirements.
General Award Mgmt.: No Govt. Titled Property Definition: NASA Grants have a term that requires indemnification when Government Titled Property is in our possession or used during the performance of this award. Government titled property is highly unlikely on a NASA Grant but further action would be required by OCG if that situation were to occur. It would require an Indemnification Waiver. By this term being selected, due diligence has been performed by the CO/GO prior to allocation of funding.
General Award Mgmt. Travel Report Definition: Travel report must be submitted within a certain number of days within travel completion. See Award terms for details.
General Award Mgmt.: - 75% Spend Notice Definition: Your award is incrementally funded. Under (Limitation of Funds), CU is required to notify the Contracting Officer/Sponsor whenever it has reason to believe that the costs it expects to incur in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of the total amount so far allotted to the contract by the Government. The prescription of this clause allows CU to potentially increase this up to 85%. Any time this clause is included in the award, the Department and PI have the responsibility to ask their Contract Officer in OCG to request the next increment of funding when needed. If incremental funding is contemplated at the time of initial award, this is often also included by the sponsor. 48 CFR 52.232-20 - Limitation of Cost is not the same thing. That means your award is fully funded. Your award should only contain one or the other.)
Prior Approvals: NCEs Require Prior Approval Definition: Extensions of this type of award require sponsor written approval within x days (see award document for exact number of days).
Prior Approvals: Carryforward Approval Required Definition: Any funds remaining after a project period has ended cannot be spent without prior approval of sponsoring agency from one project period to the next.
Prior Approvals: Required for Foreign Travel Definition: Any foreign travel on this type of award requires sponsor written approval, even when budgeted.
Prior Approvals: Required for Domestic Travel Definition: Travel on this type of award requires sponsor written approval, even when budgeted.
Prior Approvals: Required for Equipment Purchases Definition: Pre-approval for equipment purchases over $5,000 is required.
Prior Approvals: Required for Foreign Nationals Definition: Award terms require any foreign person to be disclosed, prior to beginning work on the project. This is not a restriction but a prior notification requirement of the award.
Financial: 90 Day Spending Allowed Definition: 90 day preaward spending is allowed in the terms of the award.
Financial: Unrestricted Funds Definition: Unrestricted funds or various companies. No sponsor recourse is required for this award. Funds can be moved at discretion of department or OCG as requested. New projects can be created without OCG approval. (Examples, Sr./Grad Design, MAST Center, etc.)
Financial: No Budget Deviation Allowed Definition: No deviation from budget is allowed without sponsor pre-approval. Check award and work with OCG Officer before charging budget deviations to award speedtype.
Financial: Interest Bearing Account Definition: Interest bearing accounts are often required if Program Income is contemplated. Include if award specifies an interest bearing account is necessary.
Financial: No Comingling of Funds b/w Periods Definition: Carryforward restrictions from one Budget Period to the Next are included within the award. Please read award for details.
Financial: Invoicing Risks/Details/Separate CLINs Definition: This sponsor is known to have high risk invoicing issues (fast turnaround requirements), needs special invoicing instructions, and requires original receipts. One such example: ARPA-E Awards. Departments should be extra vigilant in working with SPA to make sure individual projects are set up correctly for separate CLINs, invoices are sent timely, awards are charged according to the level of detail sponsors require, and to be sure cash is received and with due diligence.
Financial: (Service Agreement Related) Sales Tax Definition: Sales tax is dependent upon what type of good or service we are selling, where the recipient is taking possession. This agreement is either 1.) Sponsor is with a taxable entity and may be taking possession of a good or service created by CU in Colorado. Or 2.) Sponsor is using CU’s labs or equipment via a Site Usage Agreement. Sales tax is applicable to this agreement. It must be tracked and booked.
Contract Clause: FAR 52.204-21 – Information Systems Security Definition: Basic Safeguarding of Covered Contractor Information Systems. Adequate IT Security and Cyber incident reporting requirements and procedures apply. OCG must notify OIT of this award. In order for Dan to perform the review, the PI should complete the form at https://cuboulder.qualtrics.com/jfe/form/SV_b3prJ9K0S0RM70F. If you have questions about the form please contact Dan via email (email@example.com) or phone (303.735.6637). The form should be sent should be sent to the PI, with a copy to the DRA anytime your agreement includes 52.204-21 and/or 252.204-7012. These clauses require that the University provide specific cyber security safeguards. OIT uses the information populated on the web based form to determine if the information needs to be safeguarded, and also to set up safeguards if needed, and do not exist. Once all concerns regarding the Cyber Security clauses have been addressed, Dan will provide communication to move forward with the agreement. This is a required Flowdown on all subcontracts under awards containing this clause, if their project contains covered information as defined in the clause(s).
Contract Clause: 252.204-7012 – CUI Information Definition: Safeguarding Covered Defense Information and Cyber Incident Reporting. Safeguarding requirements and procedures apply. OCG must notify OIT of this award. In order for Dan to perform the review, the PI should complete the form at https://cuboulder.qualtrics.com/jfe/form/SV_b3prJ9K0S0RM70F. If you have questions about the form please contact Dan via email (firstname.lastname@example.org) or phone (303.735.6637). The form should be sent should be sent to the PI, with a copy to the DRA anytime your agreement includes 52.204-21 and/or 252.204-7012. These clauses require that the University provide specific cyber security safeguards. OIT uses the information populated on the web based form to determine if the information needs to be safeguarded, and also to set up safeguards if needed, and do not exist. Once all concerns regarding the Cyber Security clauses have been addressed, Dan will provide communication to move forward with the agreement. This is a required Flowdown on all subcontracts under awards containing this clause, if their project contains covered information as defined in the clause(s).
Contract Clause: 52.237-9001 Manpower Reporting Definition: FAR effecting Army, Air Force, Navy and All Other Defense Components entitled 52.237-9001 Enterprise-wide Contractor Manpower Reporting Application (eCMRA) Reporting. The contractor shall ensure ALL contractor labor hours including subcontractor, at all levels/tiers, labor hours required for the performance of services provided under this contract are reported via a secure data collection site. Please contact OCG, Reporting Specialist and Compliance Team for questions. Additional Reporting is required to as labor hours are not calculated the same as Effort Reporting and the way CU otherwise handles certification of Time and Effort. Contract Officers try and negotiate this clause out if possible. This is a required Flowdown on all subcontracts under awards containing this clause.
Contract Clause: 252.204-7000 Restricts Publishing Definition: DFAR Clause is basically a requirement for prepublication review by Government, with right to withhold permission for publication. All publications require sponsor approval. This is restricted research. Restricted Research Committee Approval Letter is required in this file, see Approvals Folder in PT and Attachments. Issues and implications with students on these awards as it may create graduation delays. Proceed staffing projects with caution. This is a required Flowdown on all subcontracts under awards containing this clause.
Contract Clause: Foreign National Restrictions Definition: Restricted Research. Sponsor requires that no non U.S. Citizens work on the project. Foreign Nationals are not allowed to be assigned to work on this project. Send requests through your Contract Officer. Office of Export Control to be actively involved in award.
Contracts Related: Visiting Scientist Definition: Training agreements for visiting scientists, visiting professorships with funds tied to them that come through OCG should have this box checked. Notification is required to be sent to Export Control, IP and possibly TTO, as well as the ISSS office regarding this type of agreement before it can be signed.
Contracts Related: Visual Compliance Definition: A Post- Award Officer or Compliance Officer has checked Visual Compliance Restricted Party (Dynamic) Screening for this Sponsor and any easily identified named individuals at the sponsor before signing the award.
Contracts Related: Licensing Agreement Definition: OCG is aware of a known Licensing agreement between PI/CU and this Sponsor as it pertains to Intellectual Property. Ask TTO case manager for details.
Contracts Related: Task Order Definition: This agreement is a specific task or project under an existing Master Agreement, APUP, or BOA which governs this Task via separate terms and conditions. Please check the Related Proposals and/or Agreements folders.
Contracts Related: Student Design Agreements Definition: This Various Agencies Proposal has multiple Student Projects funded by multiple sponsors under one proposal/project/award. All funds remaining at end of period may be rolled off into Fund 26 of Department’s choosing. Department to work with Grant Accountant to close out and roll funds out of Student Design Projects. Bailments, Modifications, NDAs and other agreements may also be related to this award.
Service Agreement Related: Additional Insured Definition: Service contract includes the requirement to additionally insure CU on their own policy. A copy of their Certificate of Insurance is required to be attached to this proposal and the officer is responsible for providing it to URM.
Property and Equipment: Gov’t Furnished Property: (To be entered by Compliance Team staff not GO/CO.) Definition: Government Furnished Property (GFP) is listed in the award as being provided to CU.
Property and Equipment: Govt. Restriction (To be entered by Compliance Team staff not GO/CO.) Definition: Government Owned Property is listed in the award as being given to CU or Bailed property is included in award.
Property and Equipment: Titled Conditionally (To be entered by Compliance Team staff not GO/CO.) Definition: Under the Uniform Guidance, unless stated otherwise, Title to property acquired with award funds vests conditionally with CU; when property is no longer needed for a project or any other federally funded research, CU must request disposition instructions from the sponsor.
Property and Equipment: 52.245-1 Govt. Property (To be entered by Compliance Team staff not GO/CO.) Definition: FAR Clause 52.245-1 is included in the award received by CU. Government Owned Property FAR clause is applicable on this award. If ALT is applicable, Compliance Team will add that info here as well.