Subaward Agreement

Subaward Agreement Template for South Africa

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Key Requirements PROMPT example:

"I need a Subaward Agreement for a medical research project where my university will delegate genomics research work to a private laboratory in Cape Town, with a budget of R5 million and strict data protection requirements for patient information."

Document background

The Subaward Agreement is a crucial document used in South African research and development contexts when a primary award recipient needs to formally delegate part of their funded project to another organization. This type of agreement is particularly important in academic, scientific, and research environments where collaboration between institutions is common. The document must comply with South African legislation, including the Public Finance Management Act, Intellectual Property Rights from Publicly Financed Research and Development Act, and other relevant regulations. It typically includes detailed provisions for project scope, financial management, reporting requirements, intellectual property rights, and compliance obligations. The Subaward Agreement serves as a bridge between the primary award terms and the delegated work, ensuring that all parties understand their roles, responsibilities, and obligations under both the primary award and South African law.

Suggested Sections

1. Parties: Identification of the primary recipient (subawarder) and the subawardee, including their legal details and authorized representatives

2. Background: Context of the primary award and the reason for the subaward arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including project-specific terminology

4. Scope of Work: Detailed description of the work to be performed by the subawardee, including objectives and deliverables

5. Period of Performance: Start and end dates of the subaward, including any potential extension periods

6. Financial Provisions: Budget allocation, payment terms, allowable costs, and financial reporting requirements

7. Technical and Financial Reporting: Requirements and deadlines for technical progress reports and financial reports

8. Compliance with Laws: Obligation to comply with applicable South African laws and regulations

9. Intellectual Property Rights: Management and ownership of IP created during the project, aligned with South African IP laws

10. Confidentiality: Protection of confidential information and data privacy requirements

11. Termination: Conditions and processes for early termination of the agreement

12. Dispute Resolution: Procedures for resolving disputes, including applicable South African jurisdiction

13. General Provisions: Standard legal clauses including notices, amendments, and governing law

Optional Sections

1. Flow-down Provisions: Specific terms from the primary award that must be passed down to the subawardee, used when required by the primary funder

2. Equipment and Assets: Management and ownership of equipment purchased under the subaward, included when significant equipment purchases are anticipated

3. Employment and Labor: Terms regarding staff employed under the subaward, included when staff will be hired specifically for the project

4. Foreign Exchange Provisions: Terms dealing with currency exchange and international transfers, included for international funding

5. Data Management: Specific requirements for data collection, storage, and sharing, included when the project involves significant data collection

6. Publication Rights: Terms governing the publication of research results, included for research-focused projects

7. Environmental Compliance: Environmental protection requirements, included when project has environmental impacts

8. Ethics and Research Compliance: Special requirements for human subjects or animal research, included for research involving these elements

Suggested Schedules

1. Schedule A - Scope of Work: Detailed technical description of the work to be performed, including methodology and timelines

2. Schedule B - Budget: Detailed budget breakdown including cost categories and payment schedule

3. Schedule C - Reporting Templates: Standard templates for technical and financial reporting

4. Schedule D - Key Personnel: List of key personnel and their roles in the project

5. Schedule E - Primary Award Terms: Relevant excerpts from the primary award that apply to the subaward

6. Schedule F - Compliance Requirements: Specific compliance requirements and certifications

7. Appendix 1 - Insurance Requirements: Details of required insurance coverage

8. Appendix 2 - Project Timeline: Detailed project timeline with milestones and deliverables

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Higher Education

Scientific Research

Healthcare and Medical Research

Technology and Innovation

Environmental Sciences

Social Sciences

Agricultural Research

Engineering

Biotechnology

Public Health

Energy Research

Mining and Minerals Research

Relevant Teams

Legal

Finance

Research Administration

Grants Management

Compliance

Project Management

Contract Administration

Research Operations

Technology Transfer

Risk Management

Relevant Roles

Research Director

Grant Manager

Legal Counsel

Finance Manager

Principal Investigator

Research Administrator

Compliance Officer

Contract Manager

Project Manager

Research Officer

Financial Controller

Research Coordinator

Institutional Review Board Administrator

Technology Transfer Officer

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