オーストラリア国際農業研究所(ACIAR)共同研究標準契約

Standard Conditions for Project Agreements between the Australian Center for International Agricultural Research (ACIAR) and Commissioned Organization(s)

背景
Subject matter Plant Genetic Resources, Animal Genetic Resources, Microbial Genetic Resources and sometimes uncharacterized Genetic Material transferred inadvertently: for example, microbes or parasites present in samples of plant material.

Summary of use(s) Our standard conditions of agreement require partners to enter into formal agreements for germplasm exchange. We also maintain an intellectual property register for all relevant projects, but the information has been provided to us on the basis that it is for in-house use only.

Purpose or background ACIAR, as part of the Australian Aid program, is a facilitator and funder of collaborative projects in international agricultural research, rather than an executor of the research projects itself.

It facilitates (i.e. assists with design) and funds two types of projects:
(a) Bilateral projects, which involve collaborations between Australian research organisations (for example, CSIRO, Universities, State Government departments, sometimes the private sector) and similar organisations in one or more developing countries in the region; and
(b) Multilateral projects, led by International Agricultural Research centres (these are usually centres within the CGIAR system, but can also include some non-CGIAR centres). The CGIAR centres have their own policies for providing access to germplasm, and also maintain a publicly available database call “SINGER” (http://singer.cgiar.org).

ACIAR has entered into about 100 contracts relating to either exchange of genetic resources and/ or biotechnology applications. For further information on the current projects ACIAR supports, please see: http://www.aciar.gov.au

契約内容

PROJECT PROFORMA
This proforma should be used in conjunction with ACIAR’s Project Development Guidelines and Project Budget Proforma, available on ACIAR’s web site http://www.aciar.gov.au. The proforma contains instructions for completion of each section. The same proforma is used for small, medium, preliminary large and full large proposals. This cover page and all instructions (in blue font) should be deleted before submission of the proposal to ACIAR. Proposals exceeding 25 pages (excluding budget and appendices) will be returned for editing.
SECTION 1. Project Outline Administration

Project title:	Title should be descriptive and concise
Proposal stage:	Preliminary or Full
Proponent's name:
Phone:
Fax:
Email:
Proponent's organisation:
Commissioned organisation:	The Commissioned Organisation is the lead organisation in Australia, or for IARC (International Agricultural Research Centre) projects, lead IARC
Project type:	Bilateral or IARC; Small, Medium or Large
% funding to IARC
Focus area:	To be completed by ACIAR
ACIAR Research Program Area:
Project Number:	Assigned by ACIAR
Geographic Region/s
Country/ies:

1.1 Project title and details
1.2 Funding Investment requested from ACIAR
(Annual totals and the totals amount for each year the)

Year 1	Year 2	Year 3	Year 4	Year 5	Total

Project Duration
Proposed Start Date:	Usually 1 January or 1 July
Proposed Finish Date:

Key Contacts
All institutions involved in the project should be noted. One scientist per institution is required. These sections should be duplicated as required, e.g. for multiple collaborating organisations.

Project Leader: Australian Commissioned Organisation / Commissioned IARC
Title and Name
Position
Organisation
Phone
Fax
Email
Postal Address
Street Address

 

Administrative Contact: Australian Commissioned Organisation / Commissioned IARC
Title and Name
Position
Organisation
Phone
Fax
Email
Postal Address
Street Address

 

Collaborating Scientist: Australian Collaborating Organisation / Collaborating IARC
Title and Name
Position
Organisation
Phone
Fax
Email
Postal Address
Street Address

 

Project Leader: Partner Country
Title and Name
Position
Organisation
Phone
Fax
Email
Postal Address
Street Address

 

Collaborating Scientist: Partner Country Collaborating Organisation (if any)
Title and Name
Position
Organisation
Phone
Fax
Email
Postal Address
Street Address

Project summary
A project summary (maximum 600 words) is required for both preliminary and full proposals. The summary must be clear to general scientific readers and contain:
? Background statement (1-2 paragraphs) on the problem, the priority, the approach and objectives, and the proposed collaborators
? A fuller description of the specific objectives and expected outputs, including a realistic assessment of the likely community benefits and impacts (social, economic, environmental) of the project outputs and any significant capacity enhancement. Possible negative impacts, if likely to be significant, should also be mentioned.
? A paragraph on how the project will be undertaken, including methods, personnel and application of project outputs. Specify adoption pathways and approaches for the dissemination of research results.

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SECTION 2. Project Justification
2.1 Partner Country and Australian research and development issues and priority
For preliminary proposals, emphasise ?what and why’ in less than one page.
For full proposals, address the following in a maximum of two pages:
? origin of project idea (meeting, visit, previous project, project review, etc.)
? the agricultural or natural resource problem or opportunity targeted by the project, the proposed solution, and why research is an important approach to the problem
? occurrence of the problem (partner developing country, Australia, other developing country)
? why the project is appropriate for the country/countries nominated as opposed to other countries
? the size and value of the production system involved, and quantification of the cost of the problem
? the project’s alignment with the priorities of ACIAR, the developing country including, where possible the priority attached to the proposed research in the ACIAR country consultation process. In the case of projects involving an IARC, clarify the priority for the IARC, including fit with the IARC’s Strategic Plan. Provide other justification if the project has not been identified as a priority through an ACIAR country consultation.
? the priority of the problem for the countries and commodities involved relative to other related commodities, and to
? for the particular commodity, for example, livestock or crop breeding versus nutrition
? the potential beneficiaries of the project outputs, and whether farmers have been involved in setting the priorities
2.2 Project strategy and context (relationship to previous ACIAR research and other research)
For preliminary proposals, outline in one page maximum:
? proposed research strategy.
? whether and why this is the most appropriate approach
? how the research approach was developed
? whether the proposal builds upon previous projects
For full proposals, within a limit of three pages, outline:
? the proposed research approaches; why these approaches are preferred over other possible approaches to the chosen problem; whether these approaches have been tried before;
? the balance between research (strategic, applied, adaptive), development activities (for example, working directly with farmers) and capacity building (for example, training of researchers, enhancing building infrastructure; why this balance is appropriate to the problem and countries involved; how the research fits with existing and previous related research on the problem, including previous or current ACIAR projects; chance of research success;
? previous research underpinning the problem, and in the context of the research approach proposed. This should include relevant work not yet published, for example knowledge arising from related ACIAR projects. Up to eight literature references should be included. In certain circumstances, the ACIAR Research Program Manager may request that a fuller literature review on the subject be appended to the proposal;
? a list (agency, project number, project title) of other projects (completed, in progress or likely to commence) that are closely related to the proposed project. These could include projects supported by ACIAR, IARCs, Rural Industry Research and Development Corporations, AusAID or other agencies in Australia or overseas;
? any planned co-funding.

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SECTION 3: Project Operations
3.1 Objectives
For preliminary proposals, list planned outputs as dot-points under each Objective (half a page). For full proposals, state the objectives. Outputs are addressed more comprehensively in section 3.2.
Objectives may be grouped into subprojects. It is important the research objectives, subprojects and activities be presented in logical order, and wherever possible that that order be maintained when describing outputs, and later, methods. Sometimes a chronological order is the most logical, with one output leading or linking to the next objective or activity and, in turn, to its output. There can be an overall aim or goal of the project, being a long-term outcome at the farm or community level. Objectives should include the application of outputs. Objectives covering communication and dissemination of project results should also be included.

3.2 Outputs (full proposals only).
Specify, in one page maximum single outputs table, the project outputs, including those linked within the project, or stand-alone outputs that have potential beyond the project. Training may be listed as an objective in its own right, with its own output, if enhancement of the capacity of partner research organisations is a major component of the project.

Columns in the table should address Subprojects and/or Research Objectives, Outputs, Assumptions and Applications. Assumptions refer to conditions beyond the project’s control, which must be fulfilled for each output to be realised.

The following example describes the outputs from a project aiming to improve farmers’ incomes through reducing yield losses in wheat from yellow rust. This will be attained through a research strategy involving dissemination of varieties with better resistance to yellow rust. Outputs of the project would comprise knowledge contained in a description of the new resistance genes, and improved germplasm containing resistance genes. The outputs are targeted at wheat breeders in areas prone to yellow rust.

Subprojects and/or Objectives	Outputs	Assumptions	Applications
1. Location of apparent new yellow rust resistance genes in gene bank material	1.1 Several new sources (wheat lines) of resistance to known races of rust 1.2 Updated database on resistances	1. Resistance genes present in material tested at >1:1000	1.1 Select best two resistance sources for objectives 2 and 3 1.2 Make new sources of resistance available to other breeders
2. Rust gene incorporation into desirable plant types by backcrossing	2. Morphologically suitable germplasm containing new rust gene	2. Rust genes not closely linked to undesirable traits	2.1 Pass best lines to regular breeding stream 2.2 Test best lines for varietal release
3. Verification of gene novelty through test crossing	3. Clear evidence that new genes segregate independently of known genes	3. Absence of cross incompatibilities	3.1 Knowledge to facilitate resistance gene pyramiding 3.2 Populations appropriate for molecular mapping.

3.3 Research methodologies and project travel
The purpose of this section is to indicate the overall research and development methodology to be used, sufficient to justify the budget and time estimates, and to demonstrate the collaborative nature of the work. The major risks to successful achievement of objectives should also be considered, with attention to how they will be managed.
For preliminary proposals outline within one page the activities needed to achieve the outputs. For full proposals, in 2-3 pages, follow the order in which the objectives were introduced. Detail is required on:
? the methods to be adopted, noting that these, especially in the latter stages of the project, could be uncertain if they depend on earlier progress in the project or elsewhere; alternatives should be anticipated where possible, though without extensive detail. Sufficient detail is needed to convince expert reviewers that the proponents are adequately skilled;
? resources needed and the geographic deployment of research activities as appropriate for an international partnership. Methods relevant to capacity building should be described;
? in cases where there is co-funding, description and distinction of the components of the work to be handled within other related projects;
? the method(s) to be used to communicate project results and facilitate application and/or adoption of project outputs by other researchers, policy developers, extension groups, farmers or other stakeholders and/or intended beneficiaries as appropriate. For example, workshops or on-farm demonstrations may be planned for non-project audiences; publications or other information outputs for scientific and/or non-scientific audiences may be expected; partnerships may be developed during project life for the purpose of technology transfer; etc.
All planned project activities, including dissemination activities, are required to be covered in budget documentation.

3.3.a. Flow Chart (Methodologies)
In rows, chart the major research or development activities under each of the objectives. Indicate commencement and major, easily verifiable milestones, especially at project termination. Months or quarters at which point when particular activities are programmed should be shown. The following is an example of a compact flow chart.
(PC = partner developing country, A = Australia)

Objective	Activity	Time line (Yr and m)	Milestone
1. Resistance gene location	1.1 Field screening 2000 lines from gene bank (PC and A)	Yr 1, m1 to m8
	1.2 Glasshouse confirmation of resistance in 300 lines (PC and A)	Yr 1, m9 to Yr 2, m5	Best two resistance (R) sources in PC and in A decided Yr 2, m5
	1.3 Enter cleaned screening data into gene bank database (A)	Yr 2, m6 to m7	Database updated Yr 2, m8.
2. R gene incorporation	2.1 Cross each new R source with five elite lines (PC and A)	Yr2, m3 to m8
	2.2 Screening, selection and accelerated backcrossing, one cycle each 6 months (PC and A)	Yr 2, m9 to Yr 3 m12	BC3 F2 produced by Yr 3, m12
	2.3 BC3 selfed twice and good R plants selected (PC and A)	Yr 4	Ten near homozygous new R lines ready for crossing or distribution in PC and in A by Yr 4, m12
3. R gene verification	3.1 Cross two new R genes to all 12 known R sources (PC)	Yr 2, m3 to m8
	3.2 Rapid generation advance to produce >100 random F5 inbred lines for each cross (PC)	Yr 2,m9 to Yr 4, m1	24 F5 populations of 100 random lines each in PC by Yr 4, m1
	3.3 Seedling screening of populations and analysis of results	Yr 4, m1 to m12	Report on novelty and behaviour of two R genes by Yr 4, m12.

3.3.b. Travel table
A travel table of all planned international and domestic travel in all directions is required. The travel table forms the essential basis for calculating travel line items in budgets.
? A chronological listing of travel is preferred, and scheduled major project planning meetings and internal mid-project reviews should be included.
? Country and organisation is required to be specified for each traveller.
? The required annual reporting to ACIAR should be considered. All reporting for the project is required to be submitted through the commissioned organisation.
? Large projects may require a final external project review before termination or soon thereafter, and 5-year projects may need a mid-term external review before being approved to proceed to completion. Costs for project staff participating in these meetings or reviews will need to be included in the project budget (ACIAR only covers costs of its staff and any external reviewers). A brief statement should be included on the tentative timing and form of meetings and reviews. A review is often combined with an end-of-project workshop. An example of a travel table follows.
(PC = partner country, A = Australia)

Person(s) or position travelling	Approximate date of travel	From / to	Purpose	Duration (days Travel Allowance)
Project leader Bloggs (A)	Yr 1, m1	Horsham to PC	Project design	4
Project scientist, breeding (PC)	Yr 1, m3-6	PC to Syd, Horsham	Training, rust screening	75
Project scientist (A)	Yr 1, m3	Horsham to Syd	Accompany visiting scientist	3
Project scientist (A)	Yr 2, m8	Horsham to PC	Training, procedure verification	10
Project scientist, genetics (PC)	Yr 3, m2	PC to Horsham	Crossing, analyses and publication	14
Leader and two scientists (PC)	Yr 4, m9	PC to Horsham	Workshop	7
Collaborator (A)	Yr 4, m9	Syd to Horsham	Workshop	4

3.4 Intellectual Property and other regulatory compliance
ACIAR, the commissioned organisation, and the collaborators must fulfil all relevant obligations under international arrangements on intellectual property (IP) and biological resources (for example, the Convention on Biological Diversity) to which Australia is a signatory.
Intellectual property includes the actual or future legal ownership of techniques or information (via patent, materials transfer agreement or copyright) or living germplasm (via patent or plant variety rights or international treaty). ACIAR aims for equitable sharing of new IP between Australia and the partner countries, and between collaborators, and for the free flow of knowledge. In accordance with its mandate, ACIAR especially seeks ready access to new technologies arising from its projects for the benefit of poor farmers in partner countries. The full details of ACIAR’s policy on IP in projects it funds are at www.aciar.gov.au etc. Projects involving IARCs must also fulfil agreed IARC Intellectual Property policies, as determined in consultation with the IARC partner.

For preliminary proposals, indicate briefly whether these are likely to be significant IP issues, and how they will be addressed. For full proposals, Appendix A must be completed and accompany the proposal. In addition to IP matters, a project may have to comply with other legal requirements related to the research and technology. These include regulations for germplasm transfer, quarantine on plant, soil and animal movement, biosafety, recombinant DNA release, and animal rights. If any of these are relevant, details of compliance with applicable regulations should be outlined, and supported by a covering letter from the commissioned organisation. It should be noted that the final ACIAR project agreement requests the research organisations to warrant that in carrying out the project they will comply with any such regulations.
3.5 Project personnel
Preliminary proposals need only show the names and organisations of major project participants. Full proposalsrequire information in three areas in 1-2 pages:
(i) List of participants involved in the project (as per the tables below)
Australian Commissioned and collaborating organisations (or IARC)

Name	Sex M/F	Agency	Position	Time in project (%)	Funded by

Partner country (or country research institutions) or collaborating IARC

Name	Sex M/F	Agency	Position	Time in project (%)	Funded by

? It is usual for the commissioned organisation and overseas institution to contribute to the salary of their respective project leaders (usually at least 20% of project leader’s time).
? In the partner country, it may be necessary to distinguish between an overall project leader and a ?day-to-day’ operational leader.
(ii) Description of the comparative advantage of the institutions involved
(iii) Summary details of the research capacity, skills and role of each participant involved (one paragraph per person

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SECTION 4: Project outcomes and adoption
The purpose of this section is to identify the community benefits that might be expected from the project if its outputs are achieved, both in the partner country/ies and in Australia. Mutual benefits are an important aspect of the partnership mode by which ACIAR operates. These benefits can be classified as economic, social and environmental impacts. Consideration is required to identifying the primary beneficiaries, particularly in partner countries, but noting also whether any groups will be disadvantaged and considering also whether the expected project outcomes might have a differential gender impact.

In the subsections below, significant social effects and/or environmental impacts, positive and/or negative, should be canvassed, noting particular impacts on scientific capacity in collaborating countries. Projected application of the research outputs within the duration of the project should be outlined, particularly after the project’s termination, to achieve the benefits listed. The stakeholders in the project outcomes , and the extent to which the project will contribute to these outcomes, should be outlined. The expected time frame for adoption, possible constraints to adoption, and the expected rate of adoption, should also be covered in this section.

In preliminary proposals, combine 4.1-4.3 to provide no more than a page.
In full proposals, address 4.1-4.3 separately in appropriate detail.
4.1 Communication and dissemination strategies
Note: This subsection refers especially to pathways of application and dissemination not to the anticipated impact of project outputs, which is covered in 4.2-4.4 below.
Document the communication and dissemination strategies that will be used to promote uptake of the results of the research in order to derive economic, social and/or environmental benefits for the partner country/ies and/or Australia from the project outputs.

? The project would usually include some specific communication and dissemination activities and outputs, including publications. Clarify the types of publications envisaged.

? Explain how the chosen dissemination strategies would be expected to lead to uptake and use of the project outputs. For example, how would limited on-farm demonstrations lead to changed farmer practices?

? Clarify how presentations at scientific forums would lead to application of new knowledge, how participation in a workshop would lead to adoption of new technologies, how training activities would help to build organisational capacity or, if the output is new information to assist policy makers, how this would reach the latter.

4.2 Enhancement of research capacity
Document how the research and development capacity of the scientists in Australian and partner country institutions will be enhanced, and how increased capacity will be sustained after the project is completed.

4.3 Economic benefit
Outline the expected economic benefit for the partner country/ies, associated regions and/or Australia from the project. Include any possible negative economic outcomes. Discuss, and if possible, estimate quantitatively for the partner country, associated regions and/or Australia, the impacts of research outputs and subsequent outcomes. Consideration should also be given to economic impact from spillovers to countries not actively involved in the project. Such estimates will require assumptions about adoption patterns in time and space, and about the magnitude of resulting cost savings (or income boosting). Other assumptions regarding important enabling conditions (for example, input supplies, markets) should also be specified.

For full proposals for large projects, and selected other projects, ACIAR may request that a detailed benefit-cost analysis be appended, as follows. As an aid to economic quantification of benefits, a useful step is to make a table with at least three columns. The left hand column would be year number, commencing with the first year of the project down to, for example, 20 years. The second column would be ?project (and other) costs’, while the third column would be ?project benefits’. More columns can be added if splitting into subcomponents of benefits or costs is desired.

Costs in the second column for the first several years would usually only consist of project (and related) costs. It would be unusual for a project to result in economic benefits coincident with the conduct of the research. Figures in the benefits column should be derived from project outputs. In many cases, these benefit figures will be ?rubbery’. The justification provided in the text for choosing various numbers is often of more import than the numbers themselves. The key question is whether there is a compelling argument that significant economic benefits will arise from the project.

The annual project costs and benefits may be left in tabular form. Alternatively, some manipulation of them is justified if determining, for example, a benefit:cost ratio, a net present value, or an internal rate of return. ACIAR’s Impact Assessment Program (IAP) is able to provide advice as required.

4.4 Social benefit
Outline the expected social benefit for the partner country/ies, associated regions and/or Australia from the project. Include any possible negative social outcomes. Consider whether there will be any significant equity, cultural, gender, religious, political, ethnic or demographic impacts of the project outputs. Consider which sections of the community stand to benefit, and which may suffer negative effects.

Community needs and aspirations, and cultural practices and customs should be considered in designing the project. Canvass whether there are factors that might inhibit participation in the project or its benefits, for example insecure land tenure, insufficient training, lack of credit availability or labour at key times. If so, indicate how these could be overcome, whether there is a mechanism for feedback from targeted communities during the project, and whether target communities have registered concern about the problem to be researched, and endorsed the likely project outcomes.

4.5 Environmental benefit and possible negative environmental outcomes
For the partner country/ies, associated regions and/or Australia, describe the likely direct positive and negative effects on the physical, chemical or biological environment where the technology is adopted, or elsewhere (off-site externalities) as a result of adoption of the outputs. Effects can arise through changes such as erosion, pesticide residues, nutrient pollution or biodiversity. Clarify the regulations applying to relevant environmental matters and the likelihood of compliance or steps to ensure compliance. If environment management is the primary focus of the project, indicate whether relevant authorities been consulted, and with what reaction.

Documentation of possible negative environmental outcomes is required to assist ACIAR fulfil its obligations under section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). S160 requires ACIAR to seek the advice of the Minister for the Environment and Heritage, through initial consultation with Environment Australia, on aid projects that are likely to have a significant environmental impact anywhere in the world. Co nsideration of negative environmental impacts should be in the context of the Environment Australia document EPBC Administrative guidelines on significance, available atwww.ea.gov.au/epbc/assessapprov/referrals/significanceguide.html.

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SECTION 5: Budget
For preliminary proposals, provide an indication of the likely project duration and an indication of the average yearly budget, ie. a budget of a few lines showing expected expenditure from ACIAR funds in Australia and each overseas country in terms of salaries, supplies and services, travel and capital costs.
For full proposals, completion of the budget proforma, by reference to its accompanying budget guidelines, is required.

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SECTION 6: Additional Documentation
(This section applies to full proposals only). The following must be attached:
? Letters of support from each national research institution and/or government planning agency of the partner country/ies, IARCs (if involved in the project) and the Australian institution/s should be attached if possible, although in some cases these are not obtainable until the proposal is approved by ACIAR. Letters of support should include a statement confirming that the project leader will be available for the percentage of his/her time indicated, and will not be absent from the project for significant times (usually greater than 2 months) during the project without prior agreement with ACIAR.
? Letters of approval for use of Genetically Modified Organisms, and/or Experimental animals if appropriate. Document procedures required in all countries where such experiments will be undertaken and attach copies of approvals obtained.
? Any letters cfirmingon compliance with regulations related to germplasm transfer, quarantine on plant, soil and animal movement, biosafety, recombinant DNA release, animal rights, etc as addressed in subsection 3.4
? Short (half-page) curricula vitae (resumes, biodata) of the key project staff for the Australian commissioned organisation, collaborating organisations and the partner country/ies and IARCs (if involved in the project). CV for the leaders and one key researcher from each collaborating institution would usually be sufficient. Publication lists need not be included.
Privacy Statement
ACIAR, as a Commonwealth government agency, is required to comply with the eleven Information Privacy Principles as set out in section 14 of the Privacy Act 1988 ( www.privacy.gov.au/publications/ipps.html ). These are based on the 1980 OECD guidelines governing the protection of privacy and trans-border flows of personal data. The personal information provided in this project proposal, including CVs, is stored in hard copy and electronic format in ACIAR. The information is reproduced internally for the purpose of meetings to consider project proposals. It is reproduced for restricted external purposes as part of the contractual documentation exchanged with the commissioned organisation, collaborating institution(s) and partner country government(s). Personal information (individuals’ contact details) is also stored in ACIAR’s project information system. ACIAR endeavours to keep this information as up to date as possible, with the assistance of the individuals whose details are recorded. ACIAR does not divulge personal information to third parties for any other purpose.

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Appendix A: Intellectual Property Register
ACIAR maintains an Intellectual Property Register that contains details of actual or future legal ownership of techniques or information (via patent or copyright) or germplasm, as identified in the attached proforma.

The intent of ACIAR’s IP register, is to ensure that developing country partners have the ?Freedom to Operate’ in order to utilise the outcomes of ACIAR-funded projects. The register (i) identifies constraints that will affect the application of the results of ACIAR projects especially by developing countries; (ii) provides triggers to address these constraints in project development (or, in certain cases, at a later stage agreed between the project participants and ACIAR); and (iii) ensures that the ownership of plant germplasm exchanged in projects is identified and tracked.

In completing the IP proforma, the commissioned organisation has a responsibility to discuss its content with any Australian collaborating and overseas collaborating organisations and to provide those organisations with a copy of the appendix. ACIAR requires copies of all Materials (including germplasm) Transfer Agreements and certain other documentation (as specified in ACIAR’s Standard Conditions of Agreement, which also has important clauses relating to IP.) before the project can commence. This Appendix is intended for ACIAR internal use only, and will not be provided to reviewers of project proposals or form part of the project contractual documentation.

Any information that is classified Commercial-in-Confidence can be provided as a separately annexed document.

Where deemed necessary, a separate agreement signed between collaborators and covering their understanding of access to and the sharing of background and new IP, will need to be seen and accepted by ACIAR before final approval of the project. This agreement comes under, but is separate from, the project agreement between ACIAR and the commissioned organisation

Examples of the major types of IP in projects in each program area include:

Animal Sciences: germplasm (forages and sometimes livestock); diagnostics (target DNA/protein sequences and DNA and antibody probes and molecular markers); vaccines (methods of production, target sequences, expression systems); rumen microbes; processes used for livestock feed formulations and modifications; information systems; processing technologies.
Crop Sciences: germplasm, transgenic crops (enabling technologies and marker genes), diagnostics (antibody- and DNA-based and molecular markers), fungal and other species with bio-control properties; insect and weed control techniques; information systems.
Economics Programs: decision support systems for water allocation; CGE and other economic models; copyright in reports; confidential information on markets and marketing of particular commodities; databases (e.g. industry price and production data, GIS databases)
Fisheries: genetic resources; new technologies for hatchery, grow-out and diet formulation; new technologies for disease management and production enhancement in aquaculture; diagnostic tests
Forestry: germplasm (especially of Australian trees); nursery and propagation technologies; processing technologies for wood and non-wood forest products; bio-actives from forestry products; molecular markers; diagnostic tests for diseases; bio-control agents; models, databases and information systems.
Postharvest Technology: germplasm; decision support systems; grain storage technologies (controlled atmospheres, grain protectants, fumigants); grain drying equipment designs and protocols; analytical techniques (including antibodies); bio-control methods; natural disease protectants; disinfestation technologies; market information; product processing technologies
Land and Water Resources: equipment design for tillage and cropping beds; software for managing irrigation systems; diagnostic keys for nutrient deficiencies; engineering technology for wastewater management; decision support systems; crop simulation models; remote sensing/ GIS data sets and data sets for cropping systems simulation; germplasm/ fermentation/ application technology for rhizobial inoculants and bio-fertilisers.

ANNEXE 1
STANDARD CONDITIONS FOR PROJECT AGREEMENTS BETWEEN ACIAR AND THE COMMISSIONED ORGANISATION
as at 1 January 2000
TABLE OF CONTENTS

1. INTERPRETATION
2. SERVICES
3. SUB-CONTRACTING
4. TERM OF PROJECT AGREEMENT
5. PAYMENT
6. NEGATION OF EMPLOYMENT, PARTNERSHIP AND AGENCY
7. PERSONNEL
8. TRAVEL
9. PROJECT EQUIPMENT AND SUPPLIES
10. INTELLECTUAL PROPERTY
11. DISCLOSURE OF INFORMATION
12. COORDINATOR
13. PROJECT COMMITTEE
14. REVIEW AND EVALUATION
15. REPORT
16. TERMINATION
17. INSURANCE
18. INDEMNITY
19. WAIVER
20. APPLICABLE LAW
21. AUTHORITY
22. COOPERATION
23. VARIATION TO THE PROJECT AGREEMENT
24. DISPUTE RESOLUTION

SCHEDULES
1. ACIAR ACQUITTAL 15
2. TRAVEL NOTE 17
3. PREPARATION OF ANNUAL REPORTS 18
4. PREPARATION OF A FINAL REPORT 20
Standard Conditions for Project Agreements between ACIAR and the Commissioned Organisation
THE PARTIES AGREE AS FOLLOWS:
WHEREAS:

A. ACIAR has power to enter into the Project Agreement under sections 5 and 6 of the Act subject to approval by the Minister under paragraph 37(1) (a) of the Act where required.
B. ACIAR has requested certain research services to be carried out and the Commissioned Organisation has agreed to provide the services in order to complete the Project on the terms and conditions of the Project Agreement.

1. INTERPRETATION

1.1 In these Conditions:

“Act” means the Australian Centre for International Agricultural Research Act 1982;
“Collaborating Country” means the country with which ACIAR or the Commonwealth has entered into a Memorandum of Understanding;
“Collaborating Institution” means the organisation or institution in the Collaborating Country which is nominated by the government of the Collaborating Country to undertake any aspects of the Project which are to be conducted outside Australia in collaboration with the Commissioned Organisation;
“Commissioned Organisation” means the person named as the Commissioned Organisation in the Project Agreement Letter who by executing and returning a duplicate of the Project Agreement Letter to ACIAR has undertaken to provide the Services in accordance with the Project Agreement;
“Commonwealth” means the Commonwealth of Australia;
“Conditions” means the terms and conditions set out in this document from clauses 1 to 24;
“Confidential Information” means in relation to a party, information that:
(a) is by its nature confidential;

(b) is designated by that party as confidential; or

(c) the other party knows or ought to know is confidential; but does not include information which: (i) is or becomes public knowledge other than by breach of the Project Agreement or by any other unlawful means; or (ii) is in the possession of the other party without restriction in relation to disclosure before the date of receipt by that party; or (iii) has been independently developed or acquired by the other party;

“Exploit” means to manufacture, sell, hire or otherwise commercialise a product or process, or to provide a service, incorporating the Intellectual Property, or to licence a third party to do any of those things.
“Financial Year” means the period from 1 July to 30 June of the following year;
“Intellectual Property” includes all copyright and neighbouring rights, all rights in relation to inventions (including patent rights), plant varieties, registered and unregistered trademarks (including service marks), registered designs, Confidential Information (including trade secrets and know how) and circuit layouts, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;
“Letter of Intnt” means a letter forwarded by ACIAR to the Commissioned Organisation that states an intention to enter into a Project Agreement;
“Net Monies Received” means all monies received by the Commissioned Organisation net of any expenses that are properly paid on an arms-length basis by the Commissioned Organisation in exploiting the Intellectual Property in the Material;
“Material” includes documents, equipment, software, goods, information and data stored by any means: (a) brought into existence for the purpose of performing the Services; (b) incorporated in, supplied or required to be supplied along with the Material referred to in (a) above; or (c) copied or derived from Material referred to in (a) or (b) above for the purpose of performing or in connection with the Services;
“Memorandum of Understanding” means the memorandum of understanding or similar arrangement entered into between ACIAR or the Commonwealth, as the case may be, and the government of the Collaborating Country in regard to the Project;
“Minister” means the Minister responsible for ACIAR;
“month” means a calendar month;
“person” includes a natural person, a body corporate and an unincorporated association;
“Project” means the project described in the Project Document and referred to in the Project Agreement Letter;
“Project Agreement” means the Project Document, these Standard Conditions for Project Agreements between ACIAR and the Commissioned Organisation and the Project Agreement Letter;
“Project Agreement Letter” means the letter forwarded by ACIAR to the Commissioned Organisation offering to enter into an agreement with the Commissioned Organisation to perform the Services on the terms and conditions set out in the Project Agreement;
“Project Document” means the document which was provided to ACIAR by the Commissioned Organisation in relation to the Project and which document has been approved by the Director and Board of Management of ACIAR;
“Services” means the tasks to be performed by the Commissioned Organisation as set out in the Project Agreement;
“Specified Personnel” means professional, technical, support and administrative staff who have been nominated in the Project Document by the Commissioned Organisation to perform all or part of the Services;
“The Parties” means ACIAR and the Commissioned Organisation;
1.2 Words imputing a gender include any other gender.

1.3 Words in the singular number include the plural and words in the plural number include the singular.

1.4 The Schedules (and annexures if any) form part of this Agreement. In the event of a conflict between the terms and conditions contained in the clauses and any part of a Schedule, then the terms and conditions contained in the clauses will take precedence. In the event of a conflict between any part of a Schedule and any part of an annexure, then the Schedule will take precedence.

2. SERVICES

2.1 The Commissioned Organisation shall perform the Services in the period specified in clause 4.1. in accordance with the Project Agreement and any timetable specified therein.

2.2 When performing the Services, the Commissioned Organisation shall cooperate fully with the Collaborating Institution for the purpose of ensuring timely completion of the Project.

3. SUB-CONTRACTING

3.1 The Commissioned Organisation shall not, without the prior written approval of ACIAR, sub-contract the performance of any part of the Services. In giving written approval ACIAR may impose such terms and conditions as it thinks fit.

3.2 The Commissioned Organisation shall be fully responsible for the performance of the Services notwithstanding that the Commissioned Organisation has sub-contracted the performance of any part of those Services.

3.3 The Commissioned Organisation shall provide a copy of any such sub-contract to ACIAR within 7 days of its signature by the parties.

4. TERM OF PROJECT AGREEMENT

4.1 The Project Agreement shall commence on the date specified in the Project Agreement Letter and shall expire at the end of the period stated in the Project Agreement Letter. Any Services performed by the Commissioned Organisation prior to the date of commencement of the Project Agreement may be treated as Services under the Project Agreement if so specified by ACIAR in a Letter of Intent.

4.2 A Project Agreement may be extended where ACIAR determines that sufficient reason exists to do this and the Parties so agree in writing.

5. PAYMENT

5.1 The total amount of funds payable by ACIAR to the Commissioned Organisation for the Services is the “financial limitation” specified in the Project Agreement Letter.

5.2 In performing the Services the Commissioned Organisation shall not incur expenditure in any period in excess of the funds payable for that period in accordance with clause 5.4 without the written approval of ACIAR.

5.3 Unless otherwise agreed by the Parties in writing, ACIAR shall in no way be liable for any additional costs incurred for services performed by the Commissioned Organisation outside the scope of the Services.

5.4 Subject to clause 5.1, in consideration of the performance of the Services by the Commissioned Organisation, ACIAR agrees, subject to appropriation being made by the Parliament of the Commonwealth, to pay from the Australian Centre for International Agricultural Research Official Departmental Account to the Commissioned Organisation:

(a) the funds specified in the Project Document; and

(b) any other costs or funds as may from time to time be agreed in writing between the Parties.

5.5 ACIAR shall pay the Commissioned Organisation six monthly in advance during the term of the Project Agreement the funds referred to in clause 5.4 in accordance with the budget for the Project set out in the Project Document with the following conditions:

(a) each payment shall only be made following ACIAR’s receipt of:

(i) a satisfactory written report as detailed in clause 5.10, for the previous six month period; and

(ii) a satisfactory Annual Report as detailed in clause 15.1.

(b) any funds that are unexpended by the Commissioned Organisation at the expiration of the six month period for which they were allocated shall be carried over for expenditure in the following six month period and the advance made for the following six month period by ACIAR to the Commissioned Organisation shall be reduced accordingly, unless ACIAR approves otherwise in writing.

5.6 The Commissioned Organisation may, without reference to ACIAR, transfer funds payable in respect of a particular item in the budget for the Project to another item. The amount transferred may be 10% or $10,000 of the total of the particular item in the budget from which the funds are being transferred, whichever is the lesser. Transfers involving larger amounts must be referred to ACIAR for written approval.

5.7 Notwithstanding clause 5.6, the Commissioned Organisation shall not transfer funds payable in respect of a particular item in the budget payable outside Australia to another item in the budget payable outside Australia. However, the Collaborating Institution will be able to vary its component of the budget in the same way described in the preceding clause 5.6.

5.8 Transfer of funds between items in excess of the amount referred to in clause 5.6 shall not be made without the prior written approval of ACIAR.

5.9 Where the budget for the Project set out in the Project Document provides for the payment of any funds by the Commissioned Organisation to a Collaborating Institution, the Commissioned Organisation shall pay those funds six monthly in advance within seven days after receipt of payment from ACIAR under clause 5.5 during the term of the Project Agreement. Any funds that are unexpended by the Collaborating Institution at the expiration of the six month period for which they were allocated shall be carried over for expenditure in the following six month period and the advance made for the following six month period by the Commissioned Organisation to the Collaborating Institution shall be reduced proportionately, unless ACIAR approves otherwise in writing.

5.10 No later than 30 days after the expiration of each six month period for which the funds were allocated (“acquittal period”), the Commissioned Organisation shall provide to ACIAR a written report that includes the following details:

(a) the amount received from ACIAR for that acquittal period and the amounts expended against each item of the budget in the Project Document;

(b) the amount, if any, advanced by the Commissioned Organisation to the Collaborating Institution;

(c) certification by an officer duly authorised by the Commissioned Organisation that the details set out pursuant to paragraph (a) above accurately reflect expenditure which has been incurred against each item for the purposes of the Project.

5.11 The report to be provided pursuant to clause 5.10 must be substantially in the form set out at Schedule 1.

5.12 The Commissioned Organisation acknowledges it is totally responsible for payment of and accounting to ACIAR for all expenses incurred in performing the Services. ACIAR is entitled to audit independently the accounts of the Commissioned Organisation in regard to the Project at any reasonable time upon notice to the Commissioned Organisation.

5.13 Goods and Services Tax

i. Subject to subclause 5.13.ii, where ACIAR is required to reimburse the Commissioned Organisation for an amount the Commissioned Organisation pays to a third party, the amount payable by ACIAR will be a GST exclusive amount (ie. The amount paid by the Commissioned Organisation less any amounts in respect of GST included in the consideration provided to the third party), whether or not amounts for GST are separately identified by the third party supplier to the Commissioned Organisation.

ii. Amounts that ACIAR is required to pay under the other terms of this Agreement are calculated on a GST-exclusive basis. Where the Commissioned Organisation becomes liable to remit any amount of GST in respect of any Supply the Commissioned Organisation makes to ACIAR in accordance with this Agreement (“GST liability”), the amount otherwise payable by ACIAR under this Agreement will be increased by the amount of the GST liability, or any lesser amount required by law. The increased amount will be payable by ACIAR in the same manner and at the same time as other amounts payable under this Agreement.

iii. Where required, the Commissioned Organisation will provide a tax invoice that may enable ACIAR, if permitted by the GST legislation, to claim a credit or refund, a notional credit or refund, of GST.

iv. There are some circumstances in which supplies relating to this Agreement are not taxable Supplies under the GST legislation, for example certain Supplies may be “exempt” (input taxed) or GST-free (subject to a zero rate). The Commissioned Organisation will not charge for GST in those circumstances.

v. As required by any applicable legislation, where identifiable cost savings are realised by virtue of the enactment of the GST legislation and related New Tax System changes, those cost savings will be reflected in the calculations of the charges under this Agreement.

vi. In this clause:

“GST Legislation” means any goods and services tax implemented in Australia pursuant to the A New Tax System (Goods and Services Tax) Act 1999 introduced by the Federal Government and includes all Acts relating to that Act, together with all amendments made to it, and any subsequent Act of Parliament enacting such Acts, whether or not subject to any amendment, and “GST” means the goods and services tax payable pursuant to such GST Legislation.
“New Tax System changes” has the meaning given by section 75AT of the A New Tax System (Trade Practices Amendment) Act 1999.
“Supplies” and other terms used in this annexure which have meanings under the GST Legislation have the meanings implemented pursuant to the GST Legislation.
6. NEGATION OF EMPLOYMENT, PARTNERSHIP AND AGENCY

6.1 The Commissioned Organisation shall not by virtue of this Project Agreement be or for any purpose be deemed to be an officer, employee, partner or agent of ACIAR, or as having power or authority to bind or represent ACIAR, and shall not represent itself, and shall ensure that its officers, employees, agents and sub-contractors do not represent themselves, as such.

7. PERSONNEL

7.1 The Commissioned Organisation shall provide adequate and competent personnel to perform the Services and shall ensure that they undertake the Services in accordance with the terms and conditions of the Project Agreement.

7.2 Subject to clause 7.6 the Commissioned Organisation shall ensure that the Specified Personnel undertake work in respect of the Services in accordance with the terms of this Agreement. Where Specified Personnel are unable to undertake work in respect of the Services, the Commissioned Organisation shall notify ACIAR immediately. The Commissioned Organisation shall, if so requested by ACIAR, provide replacement personnel acceptable to ACIAR at no additional charge and at the earliest opportunity.

7.3 Personnel of the Commissioned Organisation, including Specified Personnel, who are undertaking Services in the Collaborating Country and who are not citizens of that country shall in no way become involved in the political affairs of the Collaborating Country. If, in the opinion of ACIAR such personnel have become involved in the political affairs of the Collaborating Country, ACIAR may require the Commissioned Organisation, at its own cost, to promptly remove the personnel involved from work in respect of the Services and for their replacement with personnel of equal competence approved in writing by ACIAR prior to their appointment.

7.4 ACIAR may, on reasonable grounds, give notice requiring the Commissioned Organisation to remove personnel (including Specified Personnel) from work in respect of the Services. The Commissioned Organisation shall at its own cost, promptly arrange for the removal of such personnel from work in respect of the Services and their replacement with personnel acceptable to ACIAR. If the Commissioned Organisation is unable to provide acceptable replacement personnel under this clause 7.4, clause 7.3 or clause 7.2, ACIAR may terminate this Agreement in accordance with the provisions of clause 16.

7.5 The Commissioned Organisation is responsible for arranging travel for and payment of salaries and allowances to its personnel including Specified Personnel from the budget provided for in the Project Document.

7.6 The Commissioned Organisation shall obtain the prior written approval of ACIAR to the appointment of the Specified Personnel or any specialist or scientist to perform the Services, which approval shall not be unreasonably withheld. If ACIAR requests the Commissioned Organisation to provide any of the following information, the Commissioned Organisation shall forthwith provide that information to ACIAR including:

(a) the full names and date of birth of the proposed person(s);

(b) a statement which describes the position to be held, the position selection criteria and details of the duration of the proposed appointment; and

(c) a copy of the curriculum vitae of each of the proposed persons which details relevant employment experience and educational qualifications;

(d) any other information relating to the proposed appointment necessary for or directly related to the Services.

8. TRAVEL

8.1 The Commissioned Organisation shall provide written notice to ACIAR substantially in the form at Schedule 2 detailing all visits scheduled to a Collaborating Country by its personnel including Specified Personnel. Details of any dependants accompanying the personnel shall also be provided in the notice.

8.2 In the event it is advised that officials from the Collaborating Country involved in the Project intend to visit Australia, the Commissioned Organisation shall use its best endeavours to ensure that as much notice as possible is provided to the Australian Embassy, the Australian High Commission or the Australian Consulate, as appropriate, in the Collaborating Country so that it may commence visa and other formalities.

8.3 The Commissioned Organisation shall provide promptly to ACIAR a copy of any such notices to the Australian Embassy, the Australia High Commission or the Australian Consulate.

8.4 At the completion of the travel referred to in clause 8.1, the Commissioned Organisation shall provide to ACIAR a travel report that shall include the travel itinerary and information relevant to the monitoring of the Project.

9. PROJECT EQUIPMENT AND SUPPLIES

9.1 The Commissioned Organisation shall arrange, from the funds payable by ACIAR to the Commissioned Organisation for the Services, the procurement and delivery of all equipment and supplies that are specified in the Project Document.

9.2 The Commissioned Organisation shall exercise administrative control of and maintain and keep equipment and supplies referred to in clause 9.1 in good repair.

9.3 The Parties agree that the ownership of equipment and supplies that are procured for the Project for the performance of the Services in Australia shall vest in the Commissioned Organisation from the date of purchase.

9.4 The Parties agree that the ownership of equipment and supplies procured by the Commissioned Organisation for the purposes of the Project in the Collaborating Country shall vest in the government of the Collaborating Country at the completion of the project.

9.5 Unless otherwise agreed in writing, the Commissioned Organisation shall effect with reputable and substantial underwriters and maintain insurance against all loss or damage to the Project equipment referred to in clause 9.1 until the Services are completed.

9.6 Notwithstanding the above, the Commissioned Organisation may undertake self insurance arrangements where ACIAR agrees in writing to such arrangements.

10. INTELLECTUAL PROPERTY

10.1 ACIAR and the Commissioned Organisation shall have regard to the provisions of and fulfil all relevant obligations under international arrangements to which Australia is a signatory relating to intellectual property and biological resources including but not limited to:

? the International Undertaking on Plant Genetic Resources;

? the FAO trustee arrangements with international agricultural research centres;

? the Convention on Biological Diversity;

? the Agreement on Trade Related Aspects of Intellectual Property rights;

? and the provisions of the International Union for the Protection of New Varieties of Plant.

Transfer and exchange of germplasm between the Commissioned Organisation and the Collaborating Institution shall be subject to Materials Transfer and Acquisition Agreements and in accordance with the Convention on Biological Diversity. This subclause shall be interpreted such that the relevant obligation is that which was in effect at the time of the action in question.

10.2 The Commissioned Organisation shall, no later than the commencement of the Services under this Agreement, inform ACIAR in writing of all pre-existing Intellectual Property owned by itself or third parties that is proposed to be used in the Services and of any limitation on its use under this Agreement. Unless otherwise agreed in writing by the Parties, the Project Agreement does not affect the ownership of pre-existing Intellectual Property identified pursuant to this clause.

10.3 The Commissioned Organisation warrants that to the best of its knowledge information and belief intellectual property provided by the Commissioned Organisation pursuant to the Services does not infringe any Intellectual Property rights of any third party in Australia or the rest of the world.

10.4 The Warranty referred to in clause 10.3 shall survive the expiration or termination of the Agreement.

10.5 The Commissioned Organisation shall notify ACIAR of the details of any Intellectual Property created as a result of the performance of the Services. Any notification shall be treated as Confidential Information by ACIAR.

10.6 Recognising that it will be desirable to use or exploit advances or discoveries that may be made in the course of the Project, the Parties agree that ownership of all Intellectual Property in the Material will in Australia, vest in the Commissioned Organisation, and will in the Collaborating Country, vest either in the Collaborating Institution or an authority designated by the Collaborating Institution.

10.7 The Commissioned Organisation agrees that it will enter into equitable arrangements with the Collaborating Institution in relation to the following matters:

(a) the allocation of ownership of Intellectual Property in the Material between the Commissioned Organisation and the Collaborating Institution in countries other than Australia and the Collaborating Country;

(b) the terms of any licences between the Commissioned Organisation and the Collaborating Institution to use or exploit the Intellectual Property referred to in clause 10.3 and paragraph (a);

(c) the terms of any licences of other Intellectual Property owned or licensed by either the Commissioned Organisation or the Collaborating Institution which are necessary for the utilisation of the Material; and

(d) the allocation of costs relating to the application for and maintenance of the Intellectual Property rights between the Commissioned Organisation and the Collaborating Institution.

10.8 The Commissioned Organisation agrees that the arrangements referred to in clause 10.7 will be made taking into account the following factors:

(a) the intellectual contributions of the Commissioned Organisation and the Collaborating Institution;

(b) the financial contributions of the Commissioned Organisation and the Collaborating Institution;

(c) the contribution of pre-existing Intellectual Property, materials, research effort and preparatory work of the Commissioned Organisation and the Collaborating Institution;

(d) the facilities provided by the Commissioned Organisation and the Collaborating Institution; and

(e) such other relevant considerations as the Commissioned Organisation and the Collaborating Institution may mutually determine.

10.9 Where ownership of Intellectual Property in the Material vests in the Commissioned Organisation, the Commissioned Organisation shall grant to ACIAR a permanent, irrevocable royalty-free, non-exclusive licence (including a right of sub-licence) to use, reproduce, adapt and exploit that Intellectual Property in all countries in which it is vested in the Commissioned Organisation.

10.10 Where ownership of Intellectual Property in the Material vests in the Commissioned Organisation, the Commissioned Organisation agrees that it shall pay to ACIAR within 30 days of the expiration of 30 June and 31 December 25%, or such percentage as is otherwise agreed, of Net Monies Received by the Commissioned Organisation by way of licence fees, sale price or royalties in relation to such Intellectual Property, and this obligation of the Commissioned Organisation shall continue for a period of twenty (20) years from the commencement of the Project Agreement.

10.11 The Commissioned Organisation agrees it shall not sub-licence or assign its Intellectual Property in the Material without first obtaining the prior written consent of ACIAR, and in giving any such consent ACIAR may impose any conditions it sees fit.

10.12 The Commissioned Organisation shall maintain proper books of account which evidence receipt of any licence fees, sale price or royalties payable to it in respect of Intellectual Property in the Material and any expenses properly paid in relation thereto and ACIAR shall be granted access to those records at any time upon request. This obligation shall continue for a period of twenty (20) years from the commencement of the Project Agreement.

10.13 Where the Commissioned Organisation intends to publish any article or paper of an academic, scientific or technical nature in regard to the Services or the Project, or to place any advertisement requesting applications from persons to perform any part of the Services, any such publication or advertisement must acknowledge the funding and other support provided by ACIAR in regard to the Project.

10.14 The Commissioned Organisation may report details of the Project in the non-specialist media provided however:

(a) it acknowledges the funding and support provided to the Project by ACIAR; and

(b) in the event that the subject of the proposed media report is potentially controversial the Commissioned Organisation will, prior to publication, request the written consent of ACIAR to the publication of any such report, and ACIAR may in its discretion consent or refuse consent to any such publication.

11. DISCLOSURE OF INFORMATION

11.1 The Commissioned Organisation shall not, without prior written approval of ACIAR, disclose to any person other than ACIAR, any Confidential Information of ACIAR. In giving written approval, ACIAR may impose such terms and conditions as it thinks fit.

11.2 ACIAR shall not, without prior written approval of the Commissioned Organisation, disclose to any person other than the Commissioned Organisation, any Confidential Information of the Commissioned Organisation. In giving written approval, the Commissioned Organisation may impose such terms and conditions as it sees fit.

11.3 Either Party may at any time require the other Party to give and arrange for its employees, officers, agents and subcontractors to give written undertakings relating to the non-disclosure of its Confidential Information. The other Party shall promptly arrange for all such undertakings to be given.

11.4 The obligations under this clause shall not be taken to have been breached where the information referred to is legally required to be disclosed.

11.5 This clause shall survive the expiration or termination of the Project Agreement.

12. COORDINATOR

12.1 The person designated in the Project Document as the Project Leader, or any person agreed in writing by the Parties to replace that person, shall be responsible for coordinating all the Services to be provided by the Commissioned Organisation and this person shall liaise with ACIAR regularly in regard to the progress of the Project.

13. PROJECT COMMITTEE

13.1 ACIAR may establish a Project Committee that shall include a representative of each of the Parties and, where appropriate, Collaborating Institution.

13.2 The Project Committee shall advise the Parties in relation to Project matters, and may call for specialised advice on any matter related to the Project.

14. REVIEW AND EVALUATION

14.1 ACIAR may at any time undertake to review and evaluate the Project.

14.2 To facilitate any review pursuant to clause 14.1 the Commissioned Organisation shall provide any financial, technical or such other information as is required by ACIAR and shall at all reasonable times permit persons authorised by ACIAR to have access to the premises upon which the Services are being performed.

15. REPORT

15.1 The Commissioned Organisation shall provide ACIAR with Annual Reports on the anniversary date of commencement of the Project until the final year. These reports must include the information referred to in Schedule 3. The Annual Report for the final year of the Project should be subsumed into the Final Report.

15.2 Upon the completion of the Project in accordance with the Project Agreement, the Commissioned Organisation shall provide ACIAR with a Final Report that must be prepared in accordance with the guidelines at Schedule 4. The Final Report is due within 6 months of the completion of the Project.

16. TERMINATION

16.1 In the event of acts of God, fire, storm, flood, earthquake, explosion, accident, acts of a public enemy or terrorism, war, rebellion, insurrection, sabotage, epidemic, quarantine restrictions, industrial dispute, transportation embargo or failure or delay in transportation that render the performance of the Services impracticable or impossible either Party may, upon providing a minimum of three (3) calendar months written notice to the other, terminate the Project Agreement.

16.2 In addition to clause 16.1, ACIAR may at any time by written notice, terminate the Project Agreement, in whole or in part. If the Project Agreement is terminated under clause 16.1 or 16.2, ACIAR shall be liable only for:

(a) payments under the payment provisions of the Project Agreement for Services rendered before the effective date of termination; and

(b) subject to clauses 16.3, 16.4 and 16.5 any reasonable costs incurred by the Commissioned Organisation and directly attributable to the termination or partial termination of the Project Agreement.

16.3 Upon receipt of a notice of termination the Commissioned Organisation shall:

(a) stop work as specified in the notice;

(b) take all available steps to minimise loss resulting from that termination and protect the Material; and

(c) continue work on any part of the Services not affected by the notice.

16.4 In the event of a partial termination, ACIAR’s liability to provide funds under the Project Agreement shall, in the absence of agreement to the contrary, abate proportionately to the reduction in the Services.

16.5 ACIAR shall not be liable to pay compensation in an amount that would, in addition to any amounts paid or due, or becoming due, to the Commissioned Organisation under the Project Agreement, together exceed the funds set out in the Project Agreement. The Commissioned Organisation shall not be entitled to compensation for loss of prospective profits.

17. INSURANCE

17.1 The Commissioned Organisation shall, for so long as any obligations remain in connection with the Project Agreement, effect and maintain with reputable and substantial underwriters the following insurance:

(a) workers’ compensation for an amount required by any relevant legislation;

(b) in relation to Services performed in Australia, public liability insurance for an amount of not less than $5,000,000; and

(c) in relation to work performed outside Australia, adequate insurance against claims by third parties resulting from negligent acts performed by the Commissioned Organisation in carrying out the Services;

(d) adequate travel and medical insurance for any domestic and international travel undertaken on behalf of the Project by its personnel including Specified Personnel.

17.2 Within 14 days of a written request from ACIAR, the Commissioned Organisation must provide ACIAR with a copy of any insurance policy effected in accordance with this requirement and of all receipts for payments of premiums.

17.3 The requirement of clause 17.1(c) does not apply in relation to work performed in a particular country if ACIAR agrees in writing that such insurance is not available in relation to the performance of the Services in that country.

17.4 Notwithstanding the above, the Commissioned Organisation may undertake self insurance arrangements where ACIAR agrees in writing to such arrangements.

17.5 ACIAR undertakes no responsibility in respect of loss or damage to Project equipment or supplies or in respect of any life, accident, travel or any other insurance coverage that may be necessary or desirable for the personnel or sub-contractors of the Commissioned Organisation or for the dependants of any such persons as may travel for the purposes of the Services.

18. INDEMNITY

18.1 The Commissioned Organisation shall indemnify and hold harmless ACIAR, its officers, employees and agents from and against any loss (including legal costs and expenses on a solicitor/own client basis), or liability, incurred or suffered by any of those indemnified arising from any claim, suit, demand, action or proceeding by any person:

(a) where such loss or liability was caused by any unlawful or negligent act or omission of the Commissioned Organisation, its officers, employees, agents or sub-contractors in connection with the Services; or

(b) in respect of any infringement of Intellectual Property by the Commissioned Organisation, its officers, employees, agents or sub-contractors in connection with the performance of the Services or the use by ACIAR of the Services Material.

18.2 The Commissioned Organisation’s liability to indemnify ACIAR under clause 18.1 shall be reduced proportionally to the extent that any act or omission of ACIAR or its officers, employees or agents contributed to the loss or liability.

18.3 The indemnities referred to in clause 18.1 shall survive the expiration or termination of the Services.

19. WAIVER

19.1 A waiver by either party in respect of any breach of a condition or provision of the Project Agreement shall not be deemed to be a waiver in respect of any continuing or subsequent breach of that provision, or breach of any other provision. The failure of either party to enforce any of the provisions of this Project Agreement at any time shall in no way be interpreted as a waiver of such provisions.

20. APPLICABLE LAW

20.1 The Project Agreement shall be governed by and construed in accordance with the law for the time being in force in the Australian Capital Territory.

20.2 The Commissioned Organisation shall ensure that in carrying out the Services it complies with the laws from time to time in force in the Australian State or Territory or in the country in which the Services, or any part thereof, are to be carried out.

21. AUTHORITY

21.1 Any and all rights, powers, authorities and discretions expressed in the Project Agreement or in the specifications to be conferred upon or vested in ACIAR may be exercised by any person designated for that purpose by the Minister.

22. COOPERATION

22.1 ACIAR shall provide necessary representation with appropriate officials of the Government of the Collaborating Country to assist in securing cooperation reasonably required for the successful completion of the Project.

23. VARIATION TO THE PROJECT AGREEMENT

23.1 Variations to the Project Agreement shall be made by means of a Letter of Variation signed for and on behalf of the Parties to the Project Agreement.

24. DISPUTE RESOLUTION

24.1 Subject to clause 24.4, before resorting to external dispute resolution mechanisms, the Parties shall attempt to settle by negotiation any dispute in relation to the Project Agreement including by referring the matter to personnel who may have authority to intervene and direct some form of resolution.

24.2 If a dispute is not settled by the Parties within 10 working days of one Party first sending to the other Party written notice that they are in dispute, the dispute may be the subject of court proceedings or may be submitted to some alternative dispute resolution mechanism as may be agreed in writing between the Parties.

24.3 Notwithstanding the existence of a dispute, each Party shall continue to perform its obligations under the Project Agreement.

24.4 A Party may commence court proceedings relating to any dispute arising from this Project Agreement at any time where that Party seeks urgent interlocutory relief.

24.5 This clause shall survive the expiration or termination of the Project Agreement.

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ACIAR Acquittal
Schedule 1

Commissioned Organisation:	………………………………………………………………………………….
Project Number:	…………………
Title:	………………………………………………………………………………….
Period: Half year ending –	………………………………………………………………………………….

Set out below is a statement of receipts and expenditures.

Receipts:

Funds brought forward from previous period (uncommitted carryover)	$………………………
Funds brought forward from previous period (committed carryover)	$………………………
Total advance received this period	$………………………
TOTAL	(a)$………………………

less Expenditures:

	AUSTRALIA	COUNTRY *	COUNTRY *	TOTAL
Personnel	…………………..	…………………..	…………………..	…………………..
Supplies & Services	…………………..	…………………..	…………………..	…………………..
Travel	…………………..	…………………..	…………………..	…………………..
Infrastructure Costs	…………………..	…………………..	…………………..	…………………..
Capital Items
Totals				(b)……………….

Progress variation (Carryover) carried over $……………………………… (a – b): of which $……………………….. is uncommitted and $………………………….. is committed (attach details).
OR if the project is overspent
Progress variation (Carryover) carried over $……………………………… (a – b).
Plus …………………….. is committed (attach details). (Please delete which is not applicable)

Comments………………………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………………………………..

I certify that the expenditure shown above has taken place and is correct.

Signed and dated:	…………………………………………………………………………………………..
	(Authorised Officer)

Post to: Budget Officer, ACIAR, GPO Box 1571 Canberra ACT 2601
Acquittals due: 31st July and 31st January
Please provide information explaining any variations of expenditure from budget allocations.
Example:

Travel of 1 January to Los Banos by project leader undertaken in economy class instead of business class – surplus funds spent on extra conference facilities required during the trip.

Signed …………………………………………………………

Project Leader

Dated …………………………………………………………

Travel Advice Note
Schedule 2

Commissioned Organisation:
Person Travelling:			Position:

Proposed Travel:

Date	From	To

Reasons for Travel:

Program:

Project:

Describe purpose of visit(s) and officials and institutions being visited.

Describe assistance required of Australian Embassy/High Commission (e.g. appointments, accommodation, bookings, etc.)

Note: This form is used to provide advice to Australian diplomatic missions of a visit by Project personnel. Its completion is essential to the maintenance of harmonious relations between missions and ACIAR and commissioned organisations. Curriculum Vitae must accompany Note on first visit to Indonesia and Thailand. Forward completed form at least six weeks ahead of travel to the relevant Research Program Coordinator at the following address:
Australian Centre for International Agricultural Research, GPO Box 1571, Canberra ACT 2601, Australia

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Guide to ACIAR Research Project Leaders on the Preparation of Annual Reports
Schedule 3

Annual reports assist research collaborators and ACIAR in project monitoring and research feedback. As a communication device between the research collaborators and ACIAR, they are an opportunity to highlight research results and flag matters such as impending problems and potential opportunities for project supplementation and follow-up activity.

All annual reports must represent the effort of the Australian and the overseas research collaborators. The leader of each research team must sign and take equal responsibility for the preparation and submission of the reports.

Commissioned organisations are asked to follow the format described below for these reports. They have been drafted for ease of monitoring and consistency in data presentation.

1. Cover Page
The annual report should contain a cover page with the following identifying details:

(i) heading, that indicates the period it spans;

(ii) project number and title; and

(iii) names of authors of the report.

The due date for annual reports is measured from the agreed project starting date.

2. Executive Summary
This should be a separate page suitable for presentation to ACIAR’s Board of Management.

Prepare a precis of not more than 600 words that briefly states:

(i) purpose and context of the project;

(ii) names of collaborating research and institutions;

(iii) results or expected results and why these are believed to be important/valuable; and

(iv) likely direction of future research activities.

3. Progress of Research Work
3.1. Project Objectives

Recount main objectives as per approved project and note any revisions to the aim of the project and reasons for these changes.

3.2. Research

The following points should be included under the sub-heading “Research”:

(i) adherence to timetable/staff engaged (append copies of advertisements);

(ii) description of methodology and principal experiments or analysis conducted. Summary of research results. Where necessary, detailed results or data should be included as an appendix;

(iii) statement of the importance of results (including implications) to date for:

(a) future research plans;

(b) future project budget;

(c) conduct of other research projects (if relevant);

(d) related research grants received or applied for;

(e) development of linkages with collaborating-country organisations;

(f) optimal methods/channels of extension/outreach of results to end-users;

(g) environmental impact (collaborating country/Australia, direct and indirect implications); and

(h) any differential impact on men, women and children in the collaborating country.

(iv) discussion of research problems encountered/overcome/chronic and their importance and implications for future research/extension;

(v) brief overview of principal publications, research reports and other communications activities undertaken (detailed lists of papers in progress, completed, and published, to be appended); and

(vi) assessment by the research leaders of the value (social, economic, fundamental or potential) of the research undertaken and principal beneficiaries.

3.3. Travel and Meetings

Summary of visits/study tours undertaken by Australian and overseas scientists in association with the project – who, where, when, how long, purpose, significant findings, etc. Copies of trip reports should be appended.

3.4. Budget Discussion

Overview and discussion, especially of any proposed variations from approved budget. Detailed statements should be provided where significant over-expenditure or under-expenditure has occurred.

3.5. Conclusions

Overall assessment of progress in context of original objectives.

Future research, including current commitments and any modifications to previous plans.

4. Appendices

In the index to the Appendices (or in the index for the Report as a whole), indicate for each attachment whether it is provided electronically or only in hard copy.

List research results of note.

Research reports, papers and publications list including those:

(i) in progress – author/title citation;

(ii) completed – author/title citation; and

(iii) published – full citation needed.

Attach copies of items listed under (ii) and (iii) above.

Trip reports of Australian and overseas scientists funded under the project, including documentation on professional meetings attended and workshops or seminars held.

Budget expenditure details, including details of advances received and acquitted.

Details of any project publicity undertaken and not covered under 2 or 3 above; include relevant photographs, press releases, advertisements, etc.

5. Submission
Submit two copies of the report and appendices (one electronic and one bound) to the relevant Research Program Manager. When part of the material cannot be provided electronically, provide an unbound copy of that material as well as including it in the bound copy.
Address:

ACIAR
GPO Box 1571
Canberra ACT 2601

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Guidelines for the Preparation of a Final Report
Schedule 4

Final reports are an essential part of ACIAR’s accountability and forward planning process. They:

? highlight operational difficulties and solutions;
? flag possibilities for future directions of the work; and
? provide ACIAR with an initial assessment of project impact
ACIAR sees the final report as a key source document for project evaluation and to provide feedback into the planning of new projects.

A final report for a project should comprise an executive summary and a detailed report, to which should be appended ancillary documentation such as copies of all publications to date produced during the life of the project. Final reports should be submitted jointly by the Australian and collaborating country project leaders. The format of a final report should follow these guidelines.

Suggested Executive Summary Format:

Final Report on ACIAR Project No. (project number)
Project:		(Project title)
Commissioned organisation:		(Name of commissioned organisation)
Collaborating institutions:		(Name of collaborating institutions)
Project leaders: (i) Australia: (ii) Partner country		(Name/s) (Name/s)
Date of commencement:		(Date in project document or alternative agreed date)
Date of completion:		(Agreed date of completion)
Aims of project:		Outline briefly (changes to the original objectives should be noted)
Description of work:		Brief description of the work that has been undertaken over the life of the project to achieve its stated aims (flow-charts and outputs tables should be used)
Results, conclusions and assessments:		Summarise the results of the research work undertaken through this project and the conclusions. Preliminary evaluation: Address the issues of operational effectiveness, project impact and possible future directions of the work; a comprehensive treatment is necessary.
Publications:		List all publications resulting from the project
Follow-up:		Summarise proposed follow-up to the project, including further research planned on the same or similar theme, patents, copyright or other property rights proposed etc.

 

Suggested Format for Main Body of Final Report: (15-20 pages max) Final Report on ACIAR Project No (project number)
Background:	Provide the background to the project (one or two paragraphs only).
Objectives:	Recount the main objectives as per approved project document. Revisions to the aim of the project and reasons for changes should be noted.
Description of project:	Describe the lines of inquiry, methods etc. (i.e. how did the research team go about achieving the objectives of the project). Timetables/staff engaged, conduct of other research projects (if relevant), related research grants received or applied for, development of linkages with collaborating-country organisations, conduct of other research projects (if relevant), related research grants received or applied for, development of linkages with collaborating-country organisations, etc., should be noted.
Project activities – final year	1. Progress of research work for the final year The following points should be included: (i) adherence to timetable/staff engaged (append copies of advertisements); (ii) description of methodology and principal experiments or analysis conducted. Summary of research results. Where necessary, detailed results or data should be included as an appendix; (iii) statement of the importance of results (including implications) to date for: (a) future research plans; (b) future project budget; (c) conduct of other research projects (if relevant); (d) related research grants received or applied for; (e) development of linkages with collaborating-country organisations;
	2. Travel and meetings during the final year Summary of visits/study tours undertaken by Australian and overseas scientists in association with the project – who, where, when, how long, purpose, significant findings, etc. Copies of trip reports should be appended.
	3. Budget Discussion Attach budget expenditure details, including advances received and acquittals for the final year. Overview and discussion, especially of any actual variations from approved budget. Detailed statements should be provided where significant over-expenditure or under-expenditure has occurred
	4. Conclusions Overall assessment of progress during the final year, in context of original objectives.
Research results and outcomes:	1. Progress of research work for the project's lifetime (i) statement of the importance of results (including implications) for: (a) optimal methods/channels of extension/outreach of results to end-users; (b) environmental impact (collaborating country/Australia, direct and indirect implications); and (c) any differential socio-economic impact on men, women and children in the collaborating country. (ii) discussion of research problems encountered/overcome/chronic and their importance and implications for future research/extension; (iii) brief overview of principal publications, research reports and other communications activities undertaken (detailed lists of papers in progress, completed and published to be appended); and (iv) assessment by the research leaders of the value (social, economic, fundamental or potential) of the research undertaken and principal beneficiaries.
	2. Impact and future directions of the project Detail the results achieved by the research project in its lifetime with specific mention of any outstanding results or benefits achieved that were/are relevant to all collaborating countries; contributions made by all research groups participating in the project should be noted. Graphic and tabular information may serve to highlight important aspects of the results. Increases in the cost/benefits of this project should be briefly discussed. Any problems should also be highlighted.
Use of results:	A brief summary on the value of the results achieved by the project to such target groups as were identified in the original project proposal, the value to other potential users, to the industry, to extension workers, etc. Note any intellectual property (new technology or net new scientific knowledge) that was generated by the project and how this has helped to achieve the aims of the project. Copyright, patents or other property rights that have been or will be sought for innovations/insights arising from the project should be specified. Results that will be used to solve the agricultural problems originally identified in the relevant collaborating country (or countries) and their use in Australia should be stated. Implications (both direct and indirect) for the environment, impacts on a collaborating country or Australia, and any differential impact on men, women and children in the collaborating country, etc., should be discussed.
Publications/reports:	List all publications (including 'extension type' pamphlets) resulting from the research work undertaken under the project and provide as annexes one copy of each publication listed. Publications that have been translated into the language of the partner country should also be noted. List also all reports generated over the life of the project including external reviews, trip reports of Australian and overseas scientists funded under the project and documentation on professional meetings attended and workshops or seminars held. Also include details of any project publicity undertaken and not covered above; append relevant photographs, press releases, advertisements, etc.
Follow-up:	Detail proposed action to ensure results are conveyed to research, policy and extension audiences as appropriate to the project. Include details of further research and analysis of the data that are proposed beyond the formal life of the ACIAR project.
Training and capacity building:	Training and capacity-building resulting from the project should be detailed. Job skills developed through the project and training programs introduced to enhance these skills should be listed (include awards offered under the John Allwright Fellowship Program for Agricultural Research). Provide statistics on gender, cost and method of training.
Other activities:	List outcomes of any other activities resulting from the project.
Submission:	Submit two copies of the report and appendices (one electronic and one bound) to the relevant Research Program Manager. When part of the material cannot be provided electronically, provide an unbound copy of that material as well as including it in the bound copy.

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