FastPASS

This subcontract agreement should be used where UNSW wishes to subcontract all or part of its obligations under a grant or funding agreement (Head Agreement) between the university and a sponsor. The Subcontract Agreement allows for obligations under the Head Agreement to flow through to the subcontractor by incorporating the terms of the Head Agreement along with other provisions dealing with the relationship between UNSW and the subcontractor.

In addition to outlining the research activities to be performed by the subcontractor on behalf of UNSW (which often includes a list of clear deliverables and milestones), the Subcontract Agreement sets out the rights and responsibilities of each party, including:

• Terms governing payment by UNSW;
• Any key personnel required to perform the services;
• The rights of each party with regard to confidentiality and the publication of results;
• Ownership of background intellectual property used and project intellectual property created;
• Mandatory right of access to information clauses that UNSW as a ‘government agency' must include in certain services contracts with external parties where they are providing services to UNSW or on behalf of UNSW;
• A right to terminate the agreement if the head agreement ends.

The Research Grants and Contracts (RGC) office can assist with preparing a subcontract agreement, which would be executed by the Director of Research Grants and Contracts.