Subaward Agreement Template for Netherlands

A Subaward Agreement under Dutch law is a legally binding document that facilitates the transfer of a portion of a awarded project's rights and obligations from a primary recipient to a secondary recipient (subawardee). This agreement, governed by Dutch civil law and relevant European Union regulations, establishes the terms and conditions under which the subawardee will perform a portion of the scope of work associated with the primary award. It includes detailed provisions for project execution, financial management, reporting requirements, compliance obligations, and intellectual property rights, while ensuring adherence to both Dutch legal requirements and any flow-down provisions from the primary award.

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What is a Subaward Agreement?

The Subaward Agreement is a critical instrument in collaborative research and project management, particularly when operating under Dutch jurisdiction. It is used when a primary award recipient needs to delegate a portion of their awarded project to another organization while maintaining overall responsibility for the project's execution. This document type is essential for research institutions, universities, and organizations receiving grants or primary awards who need to engage other entities to perform specific components of the work. The agreement must comply with Dutch civil law, relevant EU regulations, and often includes specific requirements flowing down from the primary award. It typically contains detailed provisions regarding financial arrangements, technical specifications, reporting requirements, intellectual property rights, and compliance obligations. The Subaward Agreement is particularly important in ensuring clear accountability, maintaining compliance with primary award terms, and protecting all parties' interests while facilitating effective collaboration.

What sections should be included in a Subaward Agreement?

1. Parties: Identification of the primary awardee (subaward grantor) and the subawardee, including full legal names, addresses, and registration details

2. Background: Context of the primary award and the purpose of the subaward, including reference to the main award

3. Definitions: Key terms used throughout the agreement, including project-specific terminology and relevant legal definitions

4. Scope of Work: Detailed description of the work to be performed under the subaward, including objectives, deliverables, and timeline

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

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

7. Reporting Requirements: Technical and financial reporting obligations, including frequency and format of reports

8. Compliance Requirements: Flow-down provisions from primary award and applicable regulations

9. Monitoring and Oversight: Rights and obligations regarding project monitoring, audits, and site visits

10. Intellectual Property Rights: Ownership and rights to intellectual property created during the project

11. Confidentiality: Protection of confidential information and trade secrets

12. Publication and Publicity: Requirements for acknowledgment of funding and publication rights

13. Termination: Conditions and procedures for early termination of the agreement

14. Dispute Resolution: Procedures for handling disputes, including applicable law and jurisdiction

15. General Provisions: Standard legal clauses including notices, amendments, and assignment

What sections are optional to include in a Subaward Agreement?

1. Data Protection: Required when personal data processing is involved, detailing GDPR compliance requirements

2. Equipment: Include when the subaward involves purchase or use of significant equipment

3. Background IP: Needed when parties bring existing IP to the project that needs protection

4. Export Control: Required for international collaborations or when dealing with controlled technologies

5. Human Subjects Research: Include when the research involves human subjects, detailing ethical requirements

6. Environmental Health and Safety: Required when work involves laboratory or hazardous materials

7. Cost Sharing: Include when the subawardee is required to contribute own resources

8. Program Income: Needed when the project may generate income during its execution

What schedules should be included in a Subaward Agreement?

1. Schedule 1: Statement of Work: Detailed technical description of the work to be performed

2. Schedule 2: Budget and Payment Schedule: Detailed budget breakdown and payment milestones

3. Schedule 3: Key Personnel: List of key personnel and their roles in the project

4. Schedule 4: Reporting Templates: Standard forms and formats for technical and financial reporting

5. Schedule 5: Flow-down Provisions: Specific provisions from the primary award that must be passed down

6. Schedule 6: Timeline and Deliverables: Detailed project timeline and deliverable specifications

7. Appendix A: Primary Award Terms: Relevant excerpts from the primary award agreement

8. Appendix B: Compliance Requirements: Detailed regulatory and compliance requirements

9. Appendix C: Data Management Plan: Procedures for data collection, storage, and sharing

Authors

Alex Denne

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

Cost

Free to use

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