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Exemption Clause in a Contract document sample
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UNIVERSITY OF WEST FLORIDA
RESEARCH & SPONSORED PROGRAMS (RSP)
SPONSORED RESEARCH PURCHASING EXEMPTION
The Request for Sponsored Research Purchasing Exemption form provides the details on the rationale and
for approval of an exemption to the University’s usual purchasing policy for goods and services dictated by the
requirements of a sponsored research project. The University Policy for Sponsored Research Purchasing
Exemption is available on the President’s webpage under special announcements and University communications
(http://nautical.uwf.edu/data/menu.cfm?menuID=1063). The exemption is authorized by the Chancellor's
Memorandum (CM-D-15.01-02/99; http://www.borfl.org/chn/cmnumber.asp). Please review both of these
documents prior to completing your request.
In Section 2, Project Information, provide the following:
1. Abbreviated Name: Name of the Sponsored Research Project (Grant Account Title).
2. Dates: The beginning and ending dates of the contract or the currently authorized budget period.
3. Account Number: The sponsored research account number.
4. Requisition Amount: The amount of the requested purchase exemption covered by this request. (Please
complete a separate request for each vendor or purchase requisition.)
5. Vendor: Name of the vendor (enter detailed information on the attached purchase requisition).
6. Product/Service: Provide a brief description of the product or service covered by this request (enter
detailed information on the attached purchase requisition).
7. Primary Condition for Exemption: Holding the mouse pointer over the indicated cell with the red flag will
cause a pop-up menu to appear that provides brief descriptions of accepted conditions for exemption. A
supporting worksheet in this workbook, titled “Conditions,” lists, by reference number, the specific wording
used in the Chancellor's Memorandum for exemption under this policy. Enter the reference number of the
condition which most appropriately describes the rationale for your request and the text of this item will appear
in the window below.
8. Secondary Condition(s) for Exemption: Identify any other existing conditions by number only (as many as
apply). List them in priority order relative to the request in this section.
Attach a completed purchase requisition and a narrative justification in support of your request. If the request is
based on identification of a vendor or product in the grant proposal or approved budget, attach the appropriate page
from this document with the information highlighted for reference. If the request is based on analysis of product,
below norms, availability in required time frame, etc. provide sufficient documentation her to support your request.
Print the form and forward to RSP through the usual signature authority (principal investigator, chair or director of
unit, dean of college (if applicable). At least one level higher than individual initiating request is required. Save a copy
of the document and e-mail as an attachment to the appropriate RSP Grants Specialist to provide notice of the
pending receipt of a request.
Upon approval of the exemption by the Associate Vice President for Research, a memo supporting the request will
sent to the University President for final approval and submission to Procurement & Contracts. The request must be
completely approved at all levels prior to submission of the requisition. A copy of the approved request will be
returned for your records.
University of West Florida
Request for Sponsored Research Purchasing Exemption
Date:
To: Richard S. Podemski, Associate Vice President for Research
Research and Sponsored Programs
From:
Principal Investigator Title
Department/Center/Institute E-Mail Phone
PROJECT INFORMATION
Abbreviated Name:
Dates: Begin: End:
Requisition
Account Number: Amount:
Vendor:
Product/Service:
Primary Condition
for Exemption: 10
The subcontractor or vendor requests an advance payment and it can be demonstrated that the advance payment is necessary to
fund extensive start-up costs, realize discounts or cost savings, or create adequate cash flow in order to provide required goods
or services. The university shall retain the documentation justifying advance payments in the Division of Sponsored Research
Office contract file and implement appropriate procedures to ensure that goods and services are received as required.
Secondary Condition(s)
for Exemption:
Principal Investigator
NOTE: Please attach details and a narrative justification on a separate page. Include appropriate documentation from
the grant proposal or budget to support this request. This form must be accompanied by a completed purchase
requisition.
APPROVAL SIGNATURES
____Approved ___Disapproved ____Approved ___Disapproved
Chair/Director Date Dean Date
____Approved ___Disapproved
Richard S. Podemski, Ph.D. Date
Associate Vice President for Research
Approval Date:
SR-EXEMPT FORM 7/7/2003
MEMORANDUM
Date: February 1, 2011
TO: Dr. Judy Bense, Interim President Approved:
University of West Florida Date:
Pat Lott, General Counsel Approved:
University Counsel Office Date:
FROM: Richard S. Podemski, Associate Vice President Approved:
Research and Sponsored Programs Date:
SUBJECT: SPONSORED RESEARCH EXEMPTION CERTIFICATION
REF: A. UNIVERSITY POLICY PR 6/29/01
B. Subsection 1004.22(7), Florida Statutes
1. Pursuant to references A and B, the following sponsored research project is certified to meet or
exceed all requirements for exemption from the State of Florida's general purchasing requirements for
the specified product or service:
Principal Investigator: 0
Project Name: 0
Project Dates: From: 1/0/1900 To: 1/0/1900
Account Number: 0 Amount: $0.00
Vendor: 0
Product or Service:
0
2. Condition(s) that support this exemption:
a. The subcontractor or vendor requests an advance payment and it can be demonstrated that the advance
payment is necessary to fund extensive start-up costs, realize discounts or cost savings, or create
adequate cash flow in order to provide required goods or services. The university shall retain the
documentation justifying advance payments in the Division of Sponsored Research Office contract file
and implement appropriate procedures to ensure that goods and services are received as required.
b. A certain vendor is specified in writing by the prime contractor or granting agency in accordance with
the provisions of the prime contract or grant award.
Conditions that Support a Purchasing Exemption
1. A certain vendor is specified as a prime contract or grant award.
2. A certain vendor is specified in writing by the prime contractor or granting agency in accordance with
the provisions of the prime contract or grant award.
3. The purchase of specific goods or services from a certain vendor can be demonstrated to be more
efficient or expeditious based on compatibility, availability, or the current capabilities of the principal
investigator and staff.
4. The purchase of specific goods or services from a certain vendor can be demonstrated to be
necessary to meet time requirements of the prime contract or grant award.
5. The purchase of specific goods or services from a certain vendor can be demonstrated to be
mandated by scientific or technical requirements.
6. The purchase of specific goods or services from a certain vendor can be demonstrated to be at a
cost below industry norms.
7. The prime contract, grant award, or subcontract contains a confidentiality clause requiring the
research materials to be exempt from public scrutiny, or if it is determined that, pursuant to
Subsection 1004.22(2), Florida Statutes, the research activity necessitates an exemption from
public scrutiny.
8. For non-state of Florida personnel, the allowances for travel expenses in accordance with the
provisions of the prime contract or grant award and the allowances for travel expenses established
by the subcontractor's written policy are greater than the allowances provided by the State of
Florida. (A copy of the subcontractor's written travel procedures shall be made a permanent part of
the documentation contained in each university's Division of Sponsored Research Office contract
file.)
9. The level of detail and documentation for reporting and payment required by the prime contractor or
granting agency in the provisions of the prime contract or grant award (or approved in writing by the
sponsor) is less than that required by the State of Florida.
10. The subcontractor or vendor requests an advance payment and it can be demonstrated that the
advance payment is necessary to fund extensive start-up costs, realize discounts or cost savings, or
create adequate cash flow in order to provide required goods or services. The university shall retain
the documentation justifying advance payments in the Division of Sponsored Research Office
contract file and implement appropriate procedures to ensure that goods and services are received
as required.
11. Other conditions which can be demonstrated to meet the statutory criteria necessary for the efficient
or expeditious prosecution of a research project. The specific condition must be fully explained in
the exemption certification.
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