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Home » Newsroom » Blog
Blog
October 1, 2024

The Art of Negotiations – Part 1: Developing a Contracting Playbook for Research Administration

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The Research Administration Playbook Defined

Like a sports team’s playbook full of strategies to win a game, a contracting playbook serves as a collection of shared tactics and information that can improve your team’s standardization and efficiency in contract reviews. A contracting playbook will outline standard terms, fallback positions, and the rationale behind the preferred language. It may also contain helpful documents such as instructions, checklists, approval charts, or even organization-approved contract templates.

A research administration contracting playbook is designed to be a living document that grows—and changes—as different issues are encountered in contract negotiations. The playbook should have input and buy-in from general counsel and other compliance-related departments, including the target audience. Ideally, it will be in a searchable format and contain the organization’s standard terms as well as language that cannot be agreed to. A searchable playbook will increase staff efficiency in reviewing contracts and decrease the burden on general counsel by providing pre-approved language and explanations. The playbook will also contain standard explanations and language that can be copied directly into agreement redlines for efficiency and standardization.

Determining Playbook Content

The intent of the document influences the types of content that go into a Research Administration playbook. At Attain Partners, we take our clients through a strategic planning process that involves identifying needs and necessary information for the institution’s personalized playbook.

For the most functional playbook possible, it is important to obtain buy-in from related departments at the organization, especially when the majority of contract review and negotiation activities are delegated to research administration. General counsel buy-in will ensure that approved generally applicable and alternative language is available for use which decreases the number of and extent of general counsel reviews. Buy-in from compliance offices will determine what is acceptable and what needs secondary review by applicable compliance personnel.

Client Contracting Playbook Success

When working with one R1 university, Attain Partners developed a playbook combining existing training materials with process flow documentation and general counsel-approved language. This living playbook was updated each time new explanation language was developed and when general counsel provided guidance on new issues. This playbook resulted in significantly decreased contract review time, increased uniformity between agreements, and decreased errors and omissions.

Research Administration Playbook Sections

After working with an expert to define the goals of the document, Research Administration playbook sections may include the following:

  • Generally applicable and approved language that can be copied directly into an agreement where needed
  • Sample alternative language for common situations
    • Useful when generally applicable language will not work or adjustments to generally applicable language are needed
  • Language that your organization cannot agree to and explanations for the organization’s position that can be copied into agreement redlines
  • Instructions concerning issues or organizational triggers that frequently arise or specific contractual matters to be aware of
  • Statements of rationale providing the organization’s stance on common issues and language that can also be copied and pasted directly into agreement redlines
  • Inputs and/or approvals for issues that require other departments’ feedback or issues that necessitate escalation for higher-level review or approval
  • Conceptual or contextual explanations to augment training on general concepts or organization-specific matters
  • Organizational policies or other resources related to contract review
  • Checklists for contract reviews and negotiation

Attain Partners – Contracting Playbook Experts

Developing a contracting playbook can save valuable time and resources for your organization’s research administration. Attain Partners’ research professionals can assist your organization in creating a contracting playbook to improve your organization’s efficiency. Contact us today to learn more and get connected directly with one of our experts.

Read part two of the series, The Art of Negotiations – Part 2: Developing a Contracting Review Checklist.

Read more

About the Author

Ms. Emily Njus, JD is a Senior Consultant with Attain Partners’ Research Enterprise practice, specializing in research contract review and negotiation, and is based out of Kailua, Hawai’i. Ms. Njus has over 15 years of compliance and research administration experience in both higher education and non-profit hospital system settings. Prior to consulting, she was the manager of pre-award research administration at a mid-sized state institute of higher education overseeing a central office team of pre-award professionals and students in submitting the University’s sponsored funding requests. Her experience also includes the facilitation of contract negotiations with outside entities and University general counsel for all research related contractual matters. At the university, she developed a pre-award training program and served as the University’s Alternative Facility Security Officer. Ms. Njus has taught contracts courses to first year law students through the University’s Academic Success Program.

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    • Attain Digital
      • Executive in Residence Program
    • Attain Research
      • NIH’s Flat Rate for Research Overhead
      • Uniform Guidance
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        • Salesforce Innovation
          • Managed Services for CRM
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