Private Industry Partners With Higher Education

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Private Industry Partners With Higher Education
Acquisition Services
Governors Grants Office Higher Education
Conference Lisa Williamson and Sara
Burkhart May 22, 2012
This document is confidential and is intended
solely for the use and information of the client
to whom it is addressed.
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Overview

• Challenges frequently encountered
• Preparing for future federal and commercial
  partnership opportunities by increasing outreach

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Common Challenges

• Prime contracts often do not contemplate the use
  of an educational institution (EI) and therefore
  do not include relevant terms
• Obtaining revised clauses is not always possible,
  and prime contractors do not want to assume risk
• Frequently encountered conflicts include the
  following
• Indemnity EIs typically have limitations about
  accepting terms that have undetermined and
  unlimited future obligations, and the nature of
  the work could be deemed too risky for the prime
  contractor to assume
• Publication Rights EIs can often accept the
  right for the client to review and comment on
  publications, but government terms usually
  require prior approval
• Termination EIs want rights to terminate in the
  event PIs are unable to perform, which may leave
  the prime contractor unable to perform and
  subject to termination
• Warranty EIs unable to provide warranty that may
  be required by government

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Common Challenges, contd

• Restrictions on foreign nationals/export control
  Labs are not set up to restrict access, contracts
  frequently prohibit foreign nationals
• Insurance Most EIs are self-insured need review
  based on nature of work and contracts insurance
  requirements
• ODCs EIs may not perform competition or perform
  price analyses but prime contractor will be
  audited for these FAR requirements

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Increasing Outreach to Foster Collaboration

• Booz Allen has seen an increase in subcontracting
  to EIs and is motivated to facilitate the process
• Opportunities should be identified for private
  industry and EIs to discuss contracting
  challenges and prepare for them
• Quarterly roundtables
• Outreach events
• EIs and private industry should provide internal
  education to facilitate future opportunities

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Contact Information
Sara Burkhart Senior Subcontracts Manager,
Security Market (o) 703/984-2321 Email
burkhart_sara_at_bah.com
Lisa Williamson Senior Subcontracts Manager,
Civil Market (o) 301/825-7647 Email
williamson_lisa_at_bah.com