[Cytometry] FW: new s10 FAQ

Auger, Julie Julie.Auger at ucsf.edu
Wed Feb 19 15:43:23 EST 2014

Hi -
After many requests for clarification, the language on the ORIP website
has been changed to clarify if S10 purchased instruments can be used by
for-profit users. The answer is yes.
The FAQ now reads:

Q. Can the instrument be used by a biomedical researcher employed by a
for-profit organization?
A: Yes. Note that for-profit organizations are eligible to apply for
research awards such as R01 or R21; hence, for example, a PI who is
employed by a for-profit organization and is a recipient of an R01 can be
a Major User of an S10 instrument. Also, a biomedical researcher employed
by a for-profit organization who does not have NIH funding, can have
access to an instrument funded by an S10 award. However, the priority is
given to NIH-funded researchers. According to the FOA, the eligibility
requirements to apply for a SIG award are: ³To demonstrate the clear need
for the requested instrumentation, the projects supported by NIH research
grants should together require at least 75 percent of the instrument time.
The Major User group should require at least 35 percent of the total usage
In addition, the FOA states: ³Access to the instrument may be made
available to other users upon the advice of the Advisory Committee. These
other users need not be NIH awardees, but priority should be given to
NIH-supported scientists engaged in biomedical/behavioral research.³

All the best,

On 2/12/14 9:10 AM, "Lopez, Peter" <Peter.Lopez at med.nyu.edu> wrote:

>The following is important for those of us in the US who utilize the S10
>funding mechanism for obtaining instrumentation in cores. There has been
>a lot of discussion on the ABRF CAN-CC regarding this recent  NIH S10 FAQ:
>Q: In order to reduce user costs for the shared equipment, can an awardee
>allow a for-profit company or billable clinical arrangement have any use
>of the instrument?
>A: No. The instrument is awarded exclusively for use in biomedical
>research by NIH-supported investigators and cannot be used at any time by
>any profit-making arrangement even if such funds would reduce costs to
>NIH investigators. The institution is required to commit to the
>functioning of the instrument for several years and is responsible for
>the financial plan described in the application.
>ABRF raised concerns about this restriction to the NIH, and here is the
>response from  Abraham Levy at NIH:
>1)      The policy remains the same, the FOA allow up to 25% use of the
>instrument for non-NIH supported like NSF and other research entities.
>We will work on clarifying this point in the FAQ.
>2)      Yes, there is an exclusion of the for profit and use  for
>clinical (billable) care
>3)      NIH SBIR is allowed and can be counted as part of the required
>75% use of the instrument by  NIH supported research activity.
>Peter Lopez
>Research Assistant Professor of Pathology
>Director, NYULMC Core Cytometry Facility, Office of Collaborative Science
>212.263.0635 (office)
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