Legal Affairs

Frequently Asked Questions on Contracts and Agreements

Prime Agreements

• Once my proposal has been accepted, what should I do?
  The federal or local agency that accepted the proposal has to send the prime agreement to UPRM.

• Where should the agency send the prime agreement?
  To the Research and Development Center (R&DC)’s Office of the Director.

• What happens once the prime agreement is in R&DC Director’s Office?
  It is revised by the Legal Advisor, and if approved, then passed to the Director for his signature.

• What happens once the Director signs the prime agreement?
  The Principal Investigator (PI) must request the Budget Office to create an account for the project. He/she will receive a copy of the agreement at that moment.

Subawards awarded by the UPRM-R&D Center

• What is the first step in the process of granting a subaward to another institution or university?
  The PI must be sure that the prime agreement allows the subaward with other institutions or universities.

• If I’m allowed to engage in a subaward agreement, what’s next?
  The PI should contact the R&DC Legal Advisor to start the process and get a copy of the subaward agreement template. The PI, with the advice of the legal unit, submits the subagreement document to the other party for comments and subsequent approval.

•  If the other university or institution is okay with the subaward template, what should they do?
  They should fill in the necessary information and submit the completed subaward document via email to the PI with copy to the R&DC Legal Advisor at asesorialegalcid@uprm.edu.

• If the other party has any objections or comments, what should they do?
  They should contact the R&DC Legal Advisor via email with their comments or objections, for their consideration.  No contract can be signed unless both parties agree on the terms.

• What happens once the subaward is ready to sign?
  The PI should send the statement of work and budget, as well as any other attachments, to the R&DC Legal Advisor. This accompanies the document. The PI will then sign the subaward in the R&DC Office of the Director.

• Once the subaward is signed by the R&DC Director and the PI, who sends the subaward to the other university or institution?
  The subaward is sent to the other party from the R&DC Office of the Director. Once signed, a fully executed copy of the subaward should be returned to the Director’s Office.

 Subawards granted to UPRM by other universities or institutions

• What happens when UPRM is granted a subaward?
  The PI has to make sure that the subaward draft is received by the R&DC Legal Advisor for her revision.  Once revised, if changes are necessary, the Legal Advisor will contact the PI with the corresponding suggestions. She will contact the appropriate contact person in the other university/institution to discuss the suggestions.

• Once the subaward is ready to sign, what happens?
  The subaward has to be sent to the Directors Office for the Legal Advisor final approval and the Directors signature.

• Once the Director signs the subaward, what should the PI do?
  The PI must signed and initiate the subaward at the Director Office.
  Copy of the signed subaward will be provided to the PI.

Professional Service Contracts

• When can a professional service contract be granted?
  It can be granted to a person that will be hired for a specific task, such as conference speakers, technical services, etc.
  It is important to know that professional service contracts can only be granted when the task or job to be performed does not qualify as a position or job under the university specifications.

• Once the PI determines that he needs a professional service contract, what proceeds?
  The contract template and the addenda are available at the R&DC web page. There he/she will also find the check list of the documents needed as well as instructions to fill out the contract. The PI will complete the required information and gather the corresponding signatures.

• Once the other party signs the contract, what happens?
  The PI has to send the contract to the Director’s Office for obligation of funds.  The R&DCenter will verify the availability of funds for such expense and obligate the funds, prior to the final approval by the Legal Advisor, and the subsequent R&DC Director’s signature. See Attachment A (below) to determine if your contract needs the certification.

• Who sends the contract to the Chancellor’s Office for the Chancellor’s signature?
  The contract will be send from the R&DC Director’s Office directly to the Chancellor’s Office, for the his signature.

ATTACHMENT A 

• What type of contracts need the Certification from the Comptroller Office?
  All professional service contracts that are granted in Puerto Rico and that have the following terms:

• Contracts of amounts higher than $5,000.00.
• Contracts with corporations that have a social security number (doesn’t matter the amount).

• Which contracts DON’T need the certification?
  • Contracts of amounts less than $5,000.00 for a period of one year.
  • Contracts whose effective period is less than a year.