This summer, NIH announced planned changes to its policy on subawards—arrangements in which a grant recipient has another organization perform grant-supported research activities as part of the federal award. We previewed those plans in our June 21, 2023 article “Prepare for October Policy Changes on Subawards, Foreign Subrecipients.”
As explained in a September 15, 2023 Guide notice, NIH has since altered certain aspects of the planned policy changes and their implementation.
First, the policy changes will now go into effect on January 1, 2024, instead of October 1, 2023.
Second, NIH adjusted the stipulation enhancing grant recipient oversight of foreign subrecipients. Rather than a foreign subrecipient being required to provide copies of research materials at least every 3 months, foreign subrecipients will be required to provide access to copies of research materials no less than once per year.
Recipients should update existing foreign subaward agreements to address this requirement within 60 days of the January 1, 2024 effective date.
All other aspects of the planned policy remain in place, i.e., subawards must be established through a written agreement, potential subrecipients should affirm compliance with NIH policy in an application’s letter of support, and NIH may request copies of written agreements and relevant supporting documentation. To be clear, those requirements apply to domestic and foreign subrecipients alike.
Helpful Resources
NIH’s newly updated Subawards page provides sample language for grant recipients to include within a written agreement establishing a foreign subrecipient’s subaward.
By signing this subrecipient agreement, [Subrecipient name] agrees to provide access to copies of all lab notebooks, all data, and all documentation that supports the research outcomes as described in the progress report, to [primary recipient] with a frequency of no less than once per year, in alignment with the timing requirements for Research Performance Progress Report described in [reference section of contract that provides timing of report submission]. [Subrecipient name] will make such data available via [insert recipient’s preferred method here (e.g., SharePoint, Teams, Box, etc.)].
NIH also published Subawards—Frequently Asked Questions. We direct your attention to the following:
What does NIH’s Policy Guidance for Subaward/Consortium Written Agreements mean for foreign subawards established before the January 1, 2024 implementation date?
NIH expects recipients to update existing foreign subaward agreements within 60 days of the effective date to address the new requirements, i.e., by March 1, 2024.
If a recipient organization has a large number of foreign subaward agreements to update to comply with NIH’s Policy Guidance for Subaward/Consortium Written Agreements, can they request an extension?
Yes. NIH recognizes that recipients may need additional time depending on the number of agreements an institution has in place for each project. Therefore, extensions may be requested, if needed, by contacting the Office of Policy for Extramural Research Administration.
For further explanation of NIH’s thinking on these matters, watch the video presentation NIH Update Regarding Oversight of Foreign Subawards on YouTube.