Section 6: Subcontracts
Anchor: #i1002556Definition of a Subcontract for a University
Any contract or procurement of engineering or other professional services arranged between a university contracting with TxDOT and an entity not a part of that university is considered a subcontract. This definition is not intended to cover routine service purchases such as copier or automotive repair, printing, use of storage facilities, or similar services that administratively support research work.
The basic provisions dealing with subcontracts are contained in Article 6 – Subcontracts, of the CRIA. This article provides that the university must have written concurrence from RTI for any subcontract with a Texas state university, and for subcontracts in excess of $4,000 with other entities.
Other articles of the CRIA that deal with issues that may relate to subcontracts include:
- Article 12 – Indirect Cost Charges
- Article 14 – Records and Audits
- Article 18 – Patents
- Article 24 – Civil Rights
- Article 25 – Debarment Certification
- Article 27 – Lobbying Certification
- Article 29 – Termination of Program or Project
Submitting Subcontracts for Review and Concurrence
Purpose of Review — RTI reviews university contracts with entities outside of the university to ensure the subcontracts are necessary and justified. This review is necessary because the Cooperative Research Program supports projects to be conducted chiefly by Texas state-supported universities.
The review is not intended to determine the adequacy of the contract provisions. TxDOT is not a party to the contract and RTI’s concurrence does not reflect approval of the contract provisions.
Evidence of RTI Concurrence — RTI’s concurrence in a subcontract may be evidenced either by execution of a Project Agreement that adequately discloses the subcontract, or by a written statement from RTI identifying the subcontract and explicitly concurring in it.
See RTI’s University Handbook for more details on what constitutes adequate disclosure of a subcontract in a Project Agreement and RTI’s written statement of concurrence for other subcontracts.