NSF Memorandum of Understanding (MOU) Training - YouTube

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>> Jean Feldman: Hello, my name is Jean Feldman.
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I'm head of the Policy Office in the Division of
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Institution and Award Support at NSF, and as
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part of this role I also serve as the foundation's
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clearance officer, which includes signing off on
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all memorandum of understanding.
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And as part of this discussion, we'll now be
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referring to memorandum of understanding as MOUs.
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The number of MOUs at NSF has grown dramatically
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over the past few years, as well as the types of
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funding partners with whom we are entering such arrangements.
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The purpose of this training session is to
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provide you with very basic information on what
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an MOU is, as well as when such an agreement
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is likely needed.
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It should be noted that while we use the term MOU
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throughout this presentation, these same
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concepts also apply to memorandum of agreement,
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letter agreements, and other comparable arrangements.
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Before negotiating committing NSF to a course
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of action under an MOU, NSF programs should
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carefully consider the need and desirability of
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an MOU, including staff time, budgetary resources,
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impact, and opportunity costs of the engagement
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with the other counter-parting organization.
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Examples of previously cleared MOUs can be found
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on the MOU database, which I will show you how to
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access later in this presentation.
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An MOU should be considered only if the
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results in an activity are consistent with the NSF
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Act, policies and procedures, and
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contributes to the achievement of NSF's
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mission and strategic goals.
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In order to assist programs in making such an
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assessment, a list of questions to consider can
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be found on the MOU page, again, which will be
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referenced later.
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So, now let's talk a bit about what is an MOU?
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Well, an MOU is an agreement to cooperate in
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areas where the scientific, technical, or
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other interests of the parties coincide.
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Decisions to pursue such agreements should be
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considered, again as I mentioned, in the context
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of NSF's strategic plan.
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These agreements typically cover a statement of
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intent between the parties, the authority of
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the organizations to enter into an MOU.
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In the case of NSF, it's the NSF Act of 1950, the
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scope of work, and how responsibilities will be
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shared between the organizations, a title and
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synopsis of the program, the duration of the
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agreement, termination provisions, reporting
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provisions, funding and resource commitments, and
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those will likely be detailed later through an
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inter-agency agreement or some other vehicle of
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delivery, and resolution of disagreements.
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The administrative details to be specified are
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dependent on whether or not the MOU will involve
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proposal generation, as well as any form of
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collaborative review.
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MOUs are generally between NSF and another federal agency.
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However, this has greatly expanded over the last few
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years, and MOUs now are between NSF and one or
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more entities including private nonprofit
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organizations, industrial entities, foreign
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governments and organizations, industry
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consortium, for-profits and other private organizations.
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Now let's talk about when you might not need an MOU.
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You might not need an MOU if you are contemplating
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some form of very high-level agreement that
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states a willingness to collaborate.
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These are very much -- this is what we're
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interested in, this is what you're interested in,
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and we plan on jointly collaborating on those.
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So while NSF does not typically need an organ --
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an MOU in that type of situation, sometimes you
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will find that the other organization that you are
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planning to collaborate with does.
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And if that is the case, you need to discuss this
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with the MOU team and we will discuss how to best
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proceed in those types of situations.
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You also might not need an MOU when NSF is not
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sharing anything beyond the types of science that
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NSF is funding or that we plan to fund.
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There is no specific information being released
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and, therefore, an MOU is not likely to be needed.
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Another case where we might not need an MOU is
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where NSF intends to provide funds for a single
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award to another federal agency, or another federal
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agency intends to provide funding through an
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inter-agency agreement.
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One important note to remember here though is
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that if an organization plans to provide funding
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to support NSF through an interagency agreement we
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will not allow the other agency to add special
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terms and conditions to our award, and that's
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something important to keep in note when you're
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discussing that with the other federal agency.
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Now a much longer list is when we may need to have an MOU.
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So when and why do you need that MOU?
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And even though MOUs are nonbinding arrangements
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we've found that documenting the details of
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the relationship in advance greatly assists in
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ensuring a successful collaboration.
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Some of the indicators that we'd like to point
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out to you are you plan to contribute resources, and
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this includes any kind of resources from money,
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staff, equipment, whatever it may be to the
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collaborating activity.
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Another indicator is when you plan to issue
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a joint solicitation.
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We would like to indicate in the MOU, for example,
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who will be issuing that joint solicitation, the
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involvement of the other party in developing and
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drafting that joint solicitation.
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Another example or indicator is when we plan
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to share review or proposal information.
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Another example is when staff from the other
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collaborating organization plans to actually
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participate as an observer in a panel that NSF is running.
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You also may need an MOU if you plan to issue joint
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awards, and we would talk a lot about that in
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specific detail in any resulting MOU.
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You plan to share project reports with the other
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organization, or the actual award that you or
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the other funding partner will make actually talks
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about the collaboration.
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NSF is engaging in a collaborative arrangement
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with X entity, and that is included in any resulting
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award that's part of that agreement.
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So how are MOUs cleared?
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This is a very important concept and one that we
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hope that we can help you walk through.
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The easiest and most straightforward way to
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accomplish this is to contact the Policy Office.
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Okay, something also that it is important for you to
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understand is how MOUs are cleared at the National
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Science Foundation, and we hope we have greatly
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streamlined that process in the last four years by
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creation of what we call the MOU team.
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The MOU team consists of representatives from the
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Policy Office, the Office of the General Counsel,
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and the Office of the Director, and to reach the
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MOU team you will simply send an e-mail to
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[email protected], and we can start that clearance
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process with you.
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The MOU team will ensure that the programmatic
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approvals have been obtained and secured, that
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all legal, policy, financial, or management
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issues have been resolved in the agreement that is
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proposed for use, that the commitment of NSF funds or
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other resources is appropriate and, finally,
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the other party's policies and procedures do not
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conflict with NSF under any resulting agreements
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or actions.
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Again, the concept is though that you are
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contacting the MOU team as this document is being cleared.
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Some even go so far as to contact us before they
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actually engage in discussions with the other
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funding partner, and that works really well because
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we can ensure that whatever we share,
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whatever draft we share with the other partner
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have actually -- meet NSF policies and procedures.
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Definitely you do not want to fall into a situation
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where you get so far down the process that you've
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actually got both parties to sign, NSF and the other
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partner, and then come to the MOU team.
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That's a bit late in the process, and we'd like to
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help you well before that actually occurs.
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Now there are, as I've already mentioned through
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this presentation, a number of other resources
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that have been developed for NSF staff.
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There is a sample MOU template that actually
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makes it easy for you to literally fill in the
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blanks, if you will, to cover those items that are
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appropriate to that collaborating relationship.
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We also have a repository of cleared MOUs.
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You can find out what we've done in the past
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with a particular organization, and that
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greatly facilitates our being able to negotiate a
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successful MOU with them in the future.
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We also have a series of questions that we've put
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together that you should consider when preparing or
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planning for that MOU.
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There is also significant coverage in the proposal
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in an award manual, chapter 9B1.
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There is a screenshot though on this slide that
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actually provides information and direct
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links to all the documents that I've mentioned, and
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it is available on the Inside NSF website.
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I hope this information has been useful, and
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throughout any of these discussions within your
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organization you are certainly free to reach
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out to [email protected], and we are certainly happy to
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help you throughout this process.
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Thank you very much.