Re: Materiality Clause in Contracts Herbert B. Chermside 18 Feb 1999 17:31 EST
Lee, we had that problem a long time ago. We solved it for many situations by moving to fixed price or fixed unit price agreements. We use them quite extensively when dealing with for-profit sponsors, and often when dealing with state agencies (we're state, and in the capital, so there are a lot of intertactions -- you have your own set of closely connected sponsors!). For profits always like to know the cost up front. If you can't price by the "product", provide a fixed amount of effort for a fixed price. But for cost reimbursement contracts, a materiality clause would be a benefit, so I, too, would like to see one if anyone has one that sells well. Chuck At 01:29 PM 2/18/99 -0800, you wrote: >Colleagues, > >Our Grant & Contract Accounting shop here at Stanford University is >bedevilled by the necessity of refunding to sponsors trivial balances of >funds remaining after the completion of contracts and some grants. Because >our contracts very seldom contain a materiality clause, we are bound to >send a refund check for even a few cents if that's what remains when we >close the books. On the other hand, we'll absorb a small overdraft just to >avoid the paperwork of fixing it "the hard way". I'm sure our sponsors' >accountants feel the same way. > >Let's face it -- the "deal makers" (PIs and sponsors) don't even have that >sort of thing on their radar screen when contracts are solicited and >offered. Contracting officers don't consider it, either, when negotiating >the contracts. Not until 'way down the line does the question come up in >the accounting shop -- and then it's too late. But it can cost both the >paying organization and the collecting organization hundreds of dollars all >together just to process a check for a few dollars or cents. > >I want to prepare a suggestion to our Sponsored Projects Office that they >include in our contract negotiations a materiality clause which would agree >that negative or positive balances within some agreed-upon range would be >acknowledged as immaterial and neither billed nor reimbursed. But not being >a trained contract officer, I don't know how that could be best phrased. > >Would readers who have such materiality clauses in their standard contract >language (or have seen good examples in other organizations' contracts) >please share with me the language they use? > >I'll be eternally grateful if we can find a way to shake off some of this >inconsequential "busy work". > >Lee > > >***************************************** >R. Lee Wood >Team Lead, Medical School Team >Grant and Contract Accounting >Stanford University >651 Serra Street, Room 110 >Stanford, CA 94305-6215 >Phone: (650)723-5681 >Fax: (650)725-4598 >Email: xxxxxx@stanford.edu >***************************************** > > >====================================================================== > Instructions on how to use the RESADM-L Mailing List, including > subscription information and a web-searchable archive, are available > via our web site at http://www.hrinet.org (click on "Listserv Lists") >====================================================================== > Herbert B. Chermside, CRA Director, Sponsored Programs Administration Virginia Commonwealth University PO BOX 980568 Richmond, VA 23298-0568 Express Delivery Only: Sanger Hall, Rm. 1-073 11th & Marshall Streets Richmond, VA 23219 Voice: 804-828-6772 Fax 804-828-2521 OFFICE e-mail xxxxxx@VCU.EDU Personal e-mail xxxxxx@vcu.edu http://views.vcu.edu/views/ospa/ ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================