I'd be looking at whether this was an option or straight 3 years contract,
and what their terms allowed for in way of unilateral changes. Per our
Counsel, we would not be able to comply with those terms.

Margarita M. Cardona, CRA
Senior Grants & Contracts Manager
Office of Sponsored Programs
University of Maryland Baltimore County
1000 Hilltop Circle, ECS 329
Baltimore, MD 21250
Ph: 410-455-8635
Fax: 410-455-1876

-----Original Message-----
From: Research Administration List [mailto:xxxxxx@hrinet.org] On Behalf Of
Lauren Oshana
Sent: Wednesday, November 15, 2006 1:09 PM
To: xxxxxx@hrinet.org
Subject: [RESADM-L] University of Puerto Rico

We are in the third year of an NSF funded subcontract from the University of
Puerto Rico.

UPR has just added additional clauses incorporating a variety of applicable
Commonwealth of PR laws (Code of Ethics, Financial Disclosures, and what
reads as non-compete language).

Although the contract notes these are incorporated "as applicable", one
requirement is that we agree to fulfill all dispositions of Law 84
"Contractor Suppliers and Grants Solicitors Code of Ethics" which includes a
Sanctions section, whereby, if we fail to comply the Commonwealth "can claim
damages up to 3 times the damage caused to the public treasury".

They are unwilling to remove this language stating it was incorporated
according to applicable laws in PR.

Has anyone seen this language, and if, so, had any luck in getting them to
remove or modify?

Lauren G. Oshana
Associate Director
Research Services
University of Pennsylvania
P-221 Franklin Building
3451 Walnut Street
Philadelphia, PA 19104-6205
xxxxxx@pobox.upenn.edu
(215) 573-6710 (ph)
(215) 898-9708 (fx)
URL: http://www.upenn.edu/researchservices

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