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New Data Requirements for ALL Foreign Subrecipients

The National Institutes of Health (NIH) issued Notice NOT-OD-23-182 and NOT-OD-23-133, updating requirements for consortium/subaward agreements to ensure that pass-through entities and auditors have access to a foreign subrecipient's data and records at an agreed upon frequency, but no less than once every three months. 

The University of Utah is adopting this new requirement for all foreign subrecipients effective January 1, 2024. 

Subawards with foreign subrecipients must include the following:

  • A provision requiring the foreign subrecipient to provide copies of all lab notebooks, all data, and all documentation that supports the research outcomes as described in the progress report. These supporting materials must be provided at an agreed upon frequency (no less than once a year) and in line with reporting timelines outlined in the agreement. Such access may be entirely electronic.
  • This new requirement is effective on January 1, 2024, for all new and continuation awards. 

Key Changes to Comply with New Requirements:

  • PIs are required to obtain a letter of intent (LOI) and W-8 from foreign subrecipients and attach in eProposal. Review the Foreign Subawards - Data Access Procedure
  • OSP will add new certification language to each new outgoing subaward when subrecipient is a foreign entity. 
  • OSP will modify existing foreign subawards by March 1, 2024.  This action will not require a department inititated eAward request. 

Other administrative requirements:

  • The NIH will not support any agreement that does not meet these minimum requirements.
  • PIs should coordinate with their foreign subrecipients for when and how this information is delivered.
  • PIs should review this information to confirm that the performance outcomes that are reported in the progress reports are accurate, complete, and properly reflect programmatic goals as part of subrecipient monitoring.
  • This information should be retained by the PI for at least three years following the end of the award.
  • NIH reserves the right to request copies of the written agreement and relevant supporting documentation as needed, as part of its oversight responsibilities.

Questions should be sent to your Sponsored Projects Officer.

Last Updated: 12/7/23