Re: Materiality Clause in Contracts Herbert B. Chermside 15 Mar 1999 15:59 EST
Lee, you proposal has great merit. The cost-benefit is obvious. Our most cantankerous "customer" is the U.S.Gvt. I cannot think they would agree to something so practical, because somewhere, somewhen, some poor schmuck who signs such a clause will be castigated for waste fraud or abuse for "giving" away Uncle's money. Industrial sponsors might be a good market fot this approach. We have not considered it at VCU because almost every project we do for industry is fixed price or fixed unit price (based on, essentially, a time-and-effort model for reaching our estimate). Chuck At 12:42 PM 3/15/99 -0800, you wrote: >Colleagues, > >[I sent this out to the list about a month ago and didn't get any replies, >except for a couple of other list members who wanted me to share my results >with them. If your organization has a materiality clause in their >contracts, please take a moment and share your information with us. >-- Thanks, Lee] > >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") ======================================================================