NIH Final Updated Policy Guidance for Subaward/Consortium Written Agreements (NOT-OD-23-182)

November 08, 2023

In response to government audits, NIH has issued NOT-OD-23-182, which clarifies prime recipients' responsibilities related to subrecipients at the application stage and foreign subrecipients after award.

The requirements will affect applications and RPPRs submitted for due dates on or after January 1, 2024, new foreign subawards initiated December 1, 2023, and active foreign subawards on or after January 1, 2024. 

Below are NIH expectations:  

  • NIH expects recipients to ask potential subrecipients, at the application stage, to submit language in their letters of support indicating their awareness of these requirements and the subrecipient’s willingness to abide by all requirements should an award be issued. (NIH GPS 15.2)
  • For foreign subrecipients, a provision requiring the foreign subrecipient to provide access to copies of all lab notebooks, all data, and all documentation that supports the research outcomes as described in the progress report, to the primary recipient with a frequency of no less than once per year, in alignment with the timing requirements for Research Performance Progress Report submission. Such access may be entirely electronic. (NIH GPS 15.2.1)

The Office of Sponsored Research (OSR) has updated the Subaward Toolkit on its public-facing website to include the NIH requirements and template language for subrecipient Letters of Support. For assistance please go to Find My Support.

The OSR Subcontracts Team will amend existing foreign subawards to incorporate the required terms within 60 days of the effective date to address the requirements outlined in NOT-OD-23-182. Any new subawards issued on or after December 1, 2023 will include the required provision.

It is our understanding that in the next year, NIH will begin auditing prime recipients to ensure Principal Investigators are accessing subrecipient data.

The Research Security Program is available to assist Principal Investigators in accessing subrecipient data repositories and providing alternative options, such as UCSF Research Analysis Environment (RAE) for subrecipients who are unable to comply. Please reach out to [email protected] early in the proposal process in case costs need to be included in your proposal budget.

OSR appreciates the opportunity to collaborate with you in ensuring that UCSF achieves full compliance with these enhanced requirements.

Please direct inquiries to [email protected].