Transcript University of Minnesota Office of External Sales

University of Minnesota
Office of External Sales
External Sales Process
Grants Management User Network
October 13, 2006
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External Sales’ Mission
External sales are about
the Units and people within the University.
It’s not whether you have the forms filled in
or how much the checks are written for.
It’s whether the University Community is
positioned so that they can be successful,
and helped when problems arise.
Overview
• Welcome
• Staff
LaCretia Bell – Director of External Sales & Disbursement Services
Greg Miller – [email protected] (612)624-4837
Natalie Thayer – [email protected] (612)625-2415
Daryl Hexum – [email protected] (612)625-8760
• Office of External Sales (OES) Process
– ESAF & Contracts
• Q&A
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External Sales Action Form
(ESAF)
• Used for gaining approval
to engage in specific activity
• UWide Forms Library
http://www.fpd.finop.umn.edu/
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ESAF
• Section 2 (Describe Activity in Detail)
– Who, What, Where, When, Why, How & How Much
– Business Case
* Public Relations
* Publication Rights
* Conflict of Interest
* Intellectual Property
* Appropriate activity
* Self-Insured
* Tax consequences
* Confidentiality
• Subject Matter Experts (SMEs)
– Risk Management, Taxation, Office of the General Counsel
(OGC), Sponsored Projects Administration (SPA), Patents and
Technology Marketing (PTM), Environmental Health & Safety,
Institutional Review Board (IRB), Institutional Animal Care
and Use Committee (IACUC), etc.
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ESAF Process
1. Email unsigned ESAF to OES for pre-review
2. Forward signed original ESAF to OES for
formal review
3. SME Review
4. When approved, OES will issue an ESAF
Number and send PDF copy of signed ESAF
and approval letter to the Contact Person
5. Upon approval of ESAF, unit enters into
contracts with specific customers
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Contracts
• OES reviews and approves ALL external sales
contracts, amendments and related documents
BEFORE they can be signed by your unit.
- Services Agreement
- Workshop Agreement
- Lab Use Agreement
- Memorandum of Understanding
- Purchase Order
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- Amendment
- Addendum
- Confidentiality
Agreement
- Non-Disclosure
Agreement
U of M or Non-U of M
• University contracts
– UWide Standard Contracts Library
(http://www.fpd.finop.umn.edu/)
– May or may not require additional OGC
review
• Non-University contracts
– Customer-generated document
– ALWAYS requires OGC review
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Process for U of M Contracts
1. Unit sends U of M contract to OES for review
and approval (electronic preferred)
OES does NOT sign!
2. OES builds file and creates contract tracking
number (ex. 95-3454)
3. OES verifies unit has been approved to
engage in the activity
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Process for U of M Contracts
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Process for U of M Contracts
4. Description of Services
UNACCEPTABLE DESCRIPTION OF SERVICES
X-Ray Crystalography
ACCEPTABLE DESCRIPTION OF SERVICES
The client will provide pure crystalline specimens of the substance to be analyzed to
personnel at the XCL in the Chemistry Department. XCL personnel will visually inspect
specimens microscopically to find one suitable for collecting publication-quality single
crystal diffraction data on a single-crystal diffractometer equipped with a CCD detector
and cryostat. The data collected from this specimen will ultimately provide a 3D crystal
structure determination that will meet publication criteria as defined by the
International Union of Crystallography. The results will be electronic files composed of a
RTF format report, drawings and other files as deemed necessary. Once the service is
completed XCL personnel will return unused substance to the client is so requested.
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Process for U of M Contracts
4. Description of Services Continued
– SMEs are involved for their input
EXAMPLE 1
Total and methyl mercury analyses of precipitation samples. See
Exhibit A, attached.
Sent to Environmental Health & Safety and Risk Management
EXAMPLE 2
Under this Agreement, the University shall provide the Company certain
technical, advisory consulting services in connection with the Company’s
preparation and filing with the federal Food and Drug Administration of
a Investigation New Drug (IND) Application. The services the University
will provide is described in more detail on attached Appendix A.
Sent to SPA, OGC, Tax, and Risk Management
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Process for U of M Contracts
5. Attachments
Use consistent
document titles!
6. Compensation
Is it listed as $1,300
instead of $13,000?
7. Term
Check begin and
end dates
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Process for U of M Contracts
8. Changes to terms and conditions
•
•
•
•
•
•
Automatic OGC legal review (2 weeks +)
OES facilitates legal review for Dept
Negotiations
Clean copy of contract generated by OGC or OES
after terms and conditions are agreed upon by all
parties
NOTE – OGC approval is NOT approval to
sign the contract!
OES approves the contract to be signed
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Process for U of M Contracts
9. Approval of Contract
- Formal notice from
OES via email
- Email includes .pdf copy
of approved contract
and approval letter
10. Unit sends one copy
of fully executed contract
to OES
- Reference ESAF # and
Contract Approval # on copy
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Non-U of M Contracts
• ANYTHING a customer sends containing
terms and conditions (should also include $
amount and description of services)
• Customer Generated
–
–
–
–
–
Professional Services Contract
Purchase Order
Memorandum of Understanding
Non-Disclosure Agreement
Letter of Agreement
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Process for Non-U of M Contracts
Identical to the process for
U of M Contracts EXCEPT:
OGC review is
ALWAYS required.
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DO NOT - DO NOT - DO NOT
DO NOT sign contracts
DO NOT begin work
Before you have received the
approval letter from OES
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Delegations of Authority - DOA
• Office of the General Counsel
Phone: 612-624-3591
Email: [email protected]
Web: UWide Delegations Library
(http://www.fpd.finop.umn.edu/)
• Two types of delegations
– Approval Authority
– Signature Authority
• Contracts MUST be approved BEFORE
they can be signed by your unit.
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Take Aways
• Always start your process with OES
• You MUST have the ESAF approved
BEFORE you sign contracts
• Include ESAF # when sending contracts for review
• OES facilitates OGC / SME involvement
• OES MUST approve all External Sales activities
• Clear and concise Description of Services
make a solid legal document
• OGC approval is NOT OES approval
• SPA and OES work together
• We help you avoid problems and extra ‘hassles’!!
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Exciting News!
SPA and OES are working with Hennepin
County’s Purchasing Dept to create a
multi-year, large dollar ($15M) Cooperative
Master Agreement (CMA) that removes the
need for OGC involvement in every project.
Should be in place by 1/1/07.
A REAL TIME SAVER!!
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External Sales Training Workshop
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Resources
LaCretia Bell – Director of External Sales & Disbursement Services
External Sales Questions
Credit Card Questions
DOA Questions
Affiliation Agreements
Insurance Questions
Tax Questions
Legal Questions
4100
Publishing Agreements
Real Estate Questions
Greg Miller - [email protected], 612-624-4837
Natalie Thayer - [email protected], 612-625-2415
Daryl Hexum - [email protected], 612-625-8760
Daryl Hexum - [email protected], 621-625-8760
Greg Miller - [email protected], 612-624-4837
[email protected], 612-624-3591
Keith Dunder - [email protected], 612-626-3700
Cary Jones - [email protected], 612-625-0062
Kelly Farmer - [email protected], 612-624-1053
Robert Elliott - [email protected], 612-624Saundra Martell - [email protected], 612-624-4100
Ginger DeRosier - [email protected], 612-626-2231
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