COGR has drafted a position on FAR 52.203-13, but no action to the best of my knowledge has been taken to provide an alternate exemption for educational institutions.  The position paper is available at http://206.151.87.67/docs/FARComplianceProgram.doc.

It might be possible to negotiate for acknowledgement that the clause is not applicable IF the contract is under $5M as the clause does not apply to subrecipients whose funding is less than $5M.  I would want my contracting officer to provide concurrence that it is not applicable.

Alternatively get your contracto to provide an extension for the implementation of the requirement, under the clause that indicates "The Contractor shall establish within 90 days after contract award, unless the Contracting Officer establishes a longer time period- "

The comments published along with the final rule is available at http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=255487349808+0+0+0&WAISaction=retrieve.  It is interesting to note that no comments by educational institutions were published in response to the proposed rule.

There is also a fair commentary on the rule at http://www.cbh.com/govtract_CntrEthics.php.

Hope this helps -
Kris Rhodes
Wake Forest University Health Sciences

________________________________

From: Research Administration List on behalf of Sharp, William C
Sent: Tue 3/11/2008 12:10 PM
To: xxxxxx@hrinet.org
Subject: [RESADM-L] FAR 52.203-13 Contractor Code of Business Ethics and Conduct

Dear List Members,

Would any university members be willing to compare notes about how your institution is addressing (or plans to address) the Contractor Code of Business Ethics and Conduct requirement in contracts incorporating FAR 52.203-13?

Any information you can give us on this score would be much appreciated.

---------------------------------------
William Sharp, Ph.D.
Director, Research Integrity
Office of Research and Graduate Studies
The University of Kansas
(785) 864-7430
(785) 864-5272 fax
xxxxxx@ku.edu

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