How to distinguish subrecipients from contractors
The Uniform Guidance, 2 CFR Part 200.330 sets forth the criteria to determine whether a collaborator is a subrecipient or a vendor/contractor.
Subrecipients will fit many of these factors:
• The entity will be engaged to perform substantive, programmatic work (e.g. an important or significant portion of the research program or project.)
• The entity is granted some element of programmatic control and discretion over how the work is carried out.
• The entity’s personnel are identified as having a key role in JHU’s proposal.
• The entity participates in designing and/or conducting the work.
• The entity may seek to publish or co-author the results.
• The entity may provide cost-sharing and may sub out some of its work.
• May require prior sponsor approval
• Cannot charge a profit fee
• Non-profits can include appropriate F & A costs
• Terms and condition from the prime award are flowed down
• Subject to Uniform Guidance audit requirements
• University collects its F&A on the 1st $25,000 of a subaward
• Subawards are handled through JHURA
Contractors will fit many of these factors:
• The entity is providing specified services in support of or ancillary to the research program/project
• The entity is not directly responsible for determining research or project results.
• The entity has not significantly participated in the design of the work itself.
• The entity provides these goods and services in its normal business operations and markets its services to a range of customers; creates procurement relationship.
• The entity has little or no independent decision-making in the design and conduct of the work being completed
• The entity would not be author or co-author, but may receive attribution.
• The entity will perform work that involves the performance of routine or repetitive tests or activities. Normally operates in a competitive environment.
• Typically does not require sponsor approval.
• For-profits can charge a fee.
• Generally, terms and conditions of the prime award are not flowed down to a vendor (except for a few federal regulations (e.g. debarment, fraud, etc.). However, the contract is subject to procurement regulations.
• Not subject to Uniform Guidance audit requirements.
• University collects its F&A on the entire amount of contract.
• Contractor agreements are handled through Purchasing.