INDUSTRYLINK WorkshopPoznan, 23 May 2005
Ingrid Ciabatti
TECNOTESSILE
EXPERIENCE OF
PROJECT REALISATION
INDUSTRYLINK WorkshopPoznan, 23 May 2005
TECNOTESSILE - Ingrid Ciabatti ([email protected])
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Content of presentation
• Documents needed for the implementation of the project
• Payment and financial statements
• Control of the project budget
• Project meetings
• Project reports
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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Documents needed for the implementation of the project
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The documents you need• A copy of the Contract and its annexes:
– Annex I - Description of Work (DoW)– Annex II – General conditions– Annex IV – Form A – consent of contractors to accede to
the contract– (Annex V – Form B – accession of new legal entities to
the contract)– Annex VI – Form C – financial statement
• A Consortium Agreement (CA)!• Project reporting in FP6 - Guidance notes• FP6 Financial Guidelines
www.cordis.lu(“Find a document”)
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The Contract• It includes:
– Identities of all contractors– Scope– Duration– Maximum Community financial contribution– Reports– Payment modalities– Special clauses– Amendments– Applicable law and jurisdiction
• To be signed by Coordinator and EC – partners sign Form A!
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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Annex I to the contract – the DoW• Technical specification of work to be performed• Contents:
– Project summary– Project objectives– Participant list– Relevance to the objectives of the NMP priority– Potential impact– Project management and exploitation/dissemination plan– Workplan for whole duration of the project – Project resources and budget overview– Ethical issues– Other issues– Appendix A – Consortium description
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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Annex II to the contract – General conditions
• Definitions (art. II.1)
• Part A: implementation of the project (artt. II.2-II.18)
– Section 1 - implementation and deliverables
– Section 2 - termination of the contract and responsibility
• Part B: financial provisions (artt. II.19-II.31)
– Section 1: general financial provisions
– Section 2: controls, recoveries and sanctions
• Part C: Intellectual Property Rights (artt. II.32-II.36)
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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Annex II to the contract Part A, Section 1
• Activities (RTD and innovation, demonstration, management)
• Performance obligations of consortium, contractors, coordinator, and EC
• Force majeure
• Suspension and prolongation of the project
• Subcontracting
• Reports and deliverables
• Evaluation and approval of reports and deliverables
• Confidentiality
• Publicity
• …
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Annex II to the contractPart A, Section 2
Termination of the contract and participation of contractors
• A Contractor X or the consortium may request the termination of the participation of X in the contract to the EC.
• The consortium may request the termination of the contract to the EC.
• The EC may terminate the contract or the participation of a contractor, e.g. for non performance by one or more contractors.
silence implies agreement by the EC
silence implies rejection by the EC
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Annex II to the contract Part A, Section 2
Technical and financial collective responsibility• The technical implementation of the project is the
collective responsibility of the participants.• Each participant is liable for the use of the Community
financial contribution in proportion to his share of the project up to a maximum of the total payments he has received.– Should a participant breach the contract and should the
consortium not make good this breach, the Commission may, as a last resort and if all other approaches have been explored, hold the participants liable under certain conditions.
– A public body is solely responsible for its own debt.
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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Annex II to the contract Part C
Ownership and protection of knowledge
• Knowledge shall be the property of the contractor carrying out the work leading to that knowledge.
• Where knowledge is capable of industrial or commercial application, its owner shall provide for its adequate and effective protection.
• A contractor may publish or allow the publication of data, on whatever medium, concerning knowledge it owns provided that this does not affect the protection of that knowledge. The Commission and the other contractors shall be given 30 days prior written notice of any planned publication.
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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Annex II to the contract Part C
Access rights
To be specified by the CA!
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Amendment to the contract• Reference articles in the contract: artt.10 and 11• Reasons for a contract amendment:
– Change in the name or legal status of a contractor– Important changes to the budget distribution between contractors– Changes to the composition of the consortium
• Documents needed for a contract amendment– Formal letter sent to the EC by the coordinator on behalf of the
consortium– Amendment to the DoW or entirely revised version– New Contract Preparation Forms plus annexes– Formal letter of explanation and financial statements for last period if a
partner has to withdraw• It may need 4 months!
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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The Consortium Agreement (CA)• Aim:
– Specifying the organisation of the work between the Contractors
– Organising the management of the Project
– Defining the rights and obligations of the Contractors
– Supplementing the provisions of the Contract concerning Access Rights
• It may not be requested by the EC, but it is very useful
• Models from some organisations available on www.ipr-helpdesk.org (no official documents from the EC)
• TO BE SIGNED BEFORE PROJECT START!!!
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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The CA – Outline of the content (1)• General Information (Identify each party to the agreement – Contractors to the EC
contract).• Preamble (Subject of the Consortium Agreement, including definitions based on the
contract, Rules and any additional definitions as needed by the consortium).• Subject of the contract (Title of project).• Technical provisions: (A) Technical contribution of each party (as set out in Annex I to
the EC contract); (B) Technical resources made available; (C) Production schedule for inter-related tasks and for planning purposes; (D) Expected contribution, maximum effort expected; (E) Modification procedure; (F) Provisions for dealing with non-performing contractor(s).
• Commercial provisions: (A) Confidentiality; (B) Ownership of results / joint ownership of results / difficult cases (i.e. pre-existing know-how that is very closely linked to the result, making it difficult to distinguish the pre-existing know-how from the result); (C) Legal protection of results (patent rights); (D) Commercial exploitation of results and any necessary access rights; (E) Commercial obligations; (F) Relevant patents, know-how, and information; (G) Sub-licensing; (H) Pre-existing know-how excluded from use in the project.
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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The CA – Outline of the content (2)• Organisational provisions: (A) Committees – establishment, composition,
procedures, role and nature (Steering, management, technical, IPR, financial etc); (B) Co-ordination of committees; (C) Amendment / revision of the agreement.
• Financial provisions: (A) Financing plan; (B) Modification procedure; (C) Mutual payments, common costs; (D) Distribution of management costs; (E) Auditing of costs; (F) Audit certificates; (G) How to deal with financial collective responsibility; (H) Provisions for dealing with non-performing contractor(s); (I) Third party resources - identifying parties and resources.
• Legal provisions: (A) Legal form of the co-operation; (B) Duration of the agreement versus duration of the EC contract (i.e. 6 months one year longer, etc); (C) Penalties for non-compliance with obligations under the agreement; (D) Applicable law and the settlement of disputes; (E) Secondment of personnel; (F) What to do if all the contractors do not sign the EC contract.
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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Payment and financial statements
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Payments• Payment modalities (advance payment, periodic payments, final
payment) are set-out in art. 8 of the core contract• Some partners may not get any advance unlike providing a
financial guarantee as decided by the EC (Special clauses of the contract)
• Distribution of the grant between participants is not set in the contract (a common liability reserve can be defined by the CA)
• The coordinator should keep advance payments on a bank account separated from its normal business account ( CA)
TO BE REVIEWED AT INDUSTRYLINK WORKSHOP, DAY 2!
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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Financial statements• Annex VI to the Contract: Form C – Financial statements (available as .xls
file on www.cordis.lu)• References in the Contract: Annex II, Part B, Section 1• Check “FP6 Financial rules”!!!• All Forms C will be revised by an auditor audit certificates• Find an auditor, check his costs and arrange your audit in due time!!!
• Actions by the coordinator:– Notification of due dates to partners (due dates not shortly before deadline
with the EC!!!)– Follow up to ensure timely receipt of contributions– Check the documents of all contractors before submission to the EU– Preparation of the management report– Submission to Commission
TO BE REVIEWED AT INDUSTRYLINK WORKSHOP, DAY 2!
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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Control of the project budget• The coordinator must report to the EC on the resources deployed
by each contractor at the end of each reporting period (annual) management report
• The coordinator should check the financial and manpower situation budget situation of the partners on more frequent basis
• The coordinator must mantain careful records of project financial aspects
• Internal forms of the consortium with cost details may be asked to partners by the coordinator to verify that cost claims are correct and in track with the planning
• Significant deviations from project budget: to be discussed at project meetings and in the management reports – take remedial actions if needed
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Project meetings
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The kick-off meeting• Kick-off meeting to be planned shortly after the start date of the
project (the kick-off phase may determine the fate of the project!)
• All partners get to know
• Agreement on the people who will sit on the Steering Committee and who will be responsible for the day-to-day management of each aspect of the project (Exploitation Manager, Knowledge Manager, WP Leaders, Task Leaders…)
• Working relationships must be established
• Personal commitment to the project must be encouraged
• Resolution of first disagreements…
• ALL PARTNERS HAVE TO PARTICIPATE (THERE IS THE PROJECT OFFICER)!!!
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The kick-off meeting agendaAgenda Item Remark Typical Time
PART 1 ADMINISTRATIVE SESSION
Welcome Introductions
Presentation of host organisation.
10 mins
Review History of the proposal; presentation by Co-ordinator
10 mins
Presentations Presentation of each partner organisation 10 minutes per partner
Commission requirements
Review / explanation of Commission requirements
30 minutes
Management Review of management structure and decision making mechanisms
15 minutes
Procedures Review of project administrative and financial procedures
30 minutes
Lunch
PART 2 TECHNICAL SESSION
Project overview Presentation of the Project Programme. Review of technical objectives, deliverables and timescales
60 minutes
Resources Review of finances and manpower situation, with appropriate charts.
10 minutes
Exploitation Review of exploitation potential.
Dissemination of results including plans for future publications.
40 minutes
Future plans Agree project calendar.
Actions for the coming period.
30 minutes
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Technical and management meetings• They are needed to:
– maintain relationships
– promote information exchange
– make agreements and major decisions
• To be organised periodically at project, WP or task level
• Project meetings:
– Date (and location) to be agreed by all partners at the previous meeting
– A partner that cannot attend a meeting should make a proxy to another one that does to act on his behalf
– Participation of all partners needed at the mid-term meeting and the final meeting
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Actions by the coordinator
– Reminder on the meeting date and location must be given to partners at least one month before the meeting with the agenda and info on accomodation, travel, meeting venue (to be agreed with the host organisation!)
– Agenda should also be agreed with the partners that will make a presentation
– Preparation and distribution of minutes to partners and, following their approval, to the PO
– Follow up of actions
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Project management meetingsAgenda for Project Management Meeting
Agenda Item Remark Typical Time
Minutes Approve minutes of previous meeting.
Verify action items.
20 minutes
Management overview
Review of resources used, Co-ordination requirements, outstanding issues and their resolution
30 minutes
Work review Presentation of work to date on a task by task or partner by partner basis.
Identification of issues and their resolution.
Summarise achievements
30 - 45 mins per Workpackage
Resources Review of progress, finances and manpower situation, with appropriate charts.
30 mins
Exploitation and Dissemination issues
Review of status of each partners exploitation and dissemination activities and initiatives; suggestions for new initiatives.
60 mins
Future plans Summary of plans for remainder of project.
Requirements for update to the Description of Work
45 minutes
Action List Itemise actions and get person/time commitment
30 minutes
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Mid-term meetingAgenda of Mid-Term Project Review
Agenda Item Remark Typical Time
Welcome Introduction of participants. Presentation of the day's agenda. Presentation of host organisation.
15 mins
Project overview Review project objectives, management, partner roles, interaction, plans for coming period.
10 mins
Response to previous actions
Present any response and actions you have taken in light of the reviewers' suggestions and recommendations made at the previous review.
20 minutes
Management report Presentation of progress status, finances and manpower situation, with appropriate charts. Presentation of any critical issues.
20 minutes
Detailed review Presentation of work to date on a task by task or partner by partner basis.
30 mins per partner
Achievements Summary of main achievements to date. Can follow structure of technical report.
10 mins
Exploitation and Dissemination
Review of items in report; suggestions for new initiatives.
60 mins
Administrative issues
Comments from the Project Officer 30 mins
Future plans Summary of plans for remainder of project.
20 mins
Discussion Can take the form of a question and answer session
20 mins
Demonstration Tour of plant and demonstration of results.
Typically at a convenient time during the day.
As required
A decision whether or not to continue the contract will be taken!!!
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Agenda of a Final Project Review
Agenda Item Remark Typical Time
Introduction Welcome of participants
Presentation of host organisation
Review of overall objectives.
15 mins
Technical review Review of results
Conformity with Project
15 minutes per partner
Achievements Summary of main achievements 15 minutes
Exploitation and other follow-up following Final Plan for Using and Disseminating the Knowledge
Industrial applications
Market analysis
Exploitation and Marketing Plan
Intellectual Property Rights
Other follow-up of the project.
30 to 60 minutes
Management aspects
Review of administrative and financial situation with appropriate charts
Collaboration and interactions
Final Reporting
15 minutes
Address of PO Comments by the PO 30 mins
Conclusions Summary of the project by the coordinator
30 mins
Demonstration Tour of plant and demonstration of results.
Typically at a convenient time during the day.
60 minutes
Final meeting
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Project reports
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Basic info
• Reporting (project reports, WP reports, Task reports, partner reports) to be described in DoW, Chapter 6 (Project management)
• References in the Contract: Annex II, art.II.7
• Check “Project reporting in FP6 - Guidance notes”!!!
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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Actions by the coordinator
• Send templates for WP, Task and partner reports (in agreement with WP and Task Leaders)
• Notification of due dates to partners (due dates not shortly before deadline with the EC!!!)
• Follow up to ensure timely receipt of contributions• Preparation of consolidated document from task leader inputs• Preparation of distribution lists (according to the dissemination level
of reports and deliverables)• Photocopying and timely distribution of documents to the EC • Distribution of documents submitted to the EC to the partners
TO BE REVIEWED ATINDUSTRYLINK WORKSHOP, DAY 2!
INDUSTRYLINK WorkshopPoznan, 23 May 2005
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Thank you for your attention!
Ing. Ingrid Ciabatti
TECNOTESSILE
Via del Gelso, 13 – 59100 Prato (Italy)
Tel. +39-0574-634040; Fax: +39-0574-634045
E-mail: [email protected] (For the attention of Ingrid Ciabatti)