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Contract Issues

A. Deliverable

  1. What is the specific scope of the project deliverables, including:
  • A draft table of contents of the interim report and final reports
  • List of key tables to be created

B. Consultant Responsibilities

  1. Will the Consultant provide one or more of the following to CANEUS?
  • A list of people to be interviewed from outside of the CANEUS organizations (e.g. media, private sector, non-aerospace)
  • A draft interview guide outlining the types of questions to be asked by the consultant in the interviews
  • A revised schedule illustrating when the key activities will take place (notably in the first six week period of the project and in the September period which are undefined in the concept paper development process)

C. CANEUS Responsibilities

  1. Will the CANEUS coordinator provide one or more of the following to the consultant?
  • The total number of interviews expected to be conducted by the consultant along with the coordinates of people to be interviewed from the CANEUS network
  • A collection of available reports on the subject that can bring the consultant up to speed
  • A synopsis of IP and projects already undertaken by CANEUS organizations members that can improve the consultant effectiveness

D. Objectivity

  1. What will prevent consultant from overly promoting a third party’s IP that s/he is affiliated with?
  2. What will prevent consultant from withholding or under-promoting a third party IP that s/he has an interest in?
  3. In what manner will all potential affiliations and conflicts be declared upfront?
  4. How will consultant deal with real and perceived conflicts of interest?

E.      Confidentiality

  1. What constitutes confidential information with regards to this study? (e.g. interview notes, personal opinions of a CANEUS advisor, etc)
  2. In what ways is the consultant prevented from disclosing and using the confidential information?
  3. How will information from third parties be protected by the consultant including information from organizations that have existing non-disclosure agreements with CANEUS members such as AFRL and assume that the NDA applies to the CANEUS consultant?
  4. What information must be turned over to CANEUS at the end of the study?
  5. What other information is consultant supposed to destroy at the end of the contract?

F. Derivative Works

  1. What constitutes a derivative work? (e.g.  Market study)
  2. What declarations are needed to ensure that the consultant will not undertake unacceptable derivative works after the end of the contract?

G.   Non-circumvent

  1. What will prevent the consultant from going directly to a potential prototype source and make a deal that excludes CANEUS?

H. Warranty

  1. Will the consultant warrant that all work will be original and not a rehash of other works?
  2. Will the consultant agree to not knowingly violate any IP or rights of a third party? 

I. Principal Investigator

  1. Who is the principal investigator responsible for the study?
  2. What assurance is provided that the PI won’t be substituted without the permission of CANEUS?
  3. What other personnel must be assigned by consultant to strengthen the team?
  4. How will the consultant complete the work if the PI leaves the company or study team?

J. Compensation

  1. What are the payment terms?
  2. How many payments will be made?
  3. What milestones and compliance factors will trigger the release of funds?
  4. What specific expenses are included in the price and must be borne by the consultant? (e.g. communications, photocopies, travel, employee benefits, computer, overheads, etc)
  5. What assurance is there that the consultant will pay its project staff and not withhold salaries when payment is made from CANEUS?
  6. What is the rate schedule to be charged for follow-on work outside of the scope of this agreement?

K. Cause for Early Termination

  1. What reasons will allow CANEUS to terminate the contact without further cost or liabilities?
  2. How can the termination take place?
  3. What contractual obligations will survive after termination?

L. Notices

  1. How are official notices conveyed and to who on behalf of each party?
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