Chapter 19-500: Awards From Foreign Organizations

Most aspects of agreements with foreign sponsors tend to be unique to the particular sponsor, and sometimes even unique to the particular agreement. A few general principles, however, applicable primarily to agreements that support activities in developing countries, are set forth below.

19-510 Scope of Work

The statement of work should describe in unambiguous language exactly what the University is obligated to do under the agreement in order to avoid any future disagreements between the University and the sponsor on project objectives and the means for achieving those objectives. Such concerns could perhaps be mitigated by clear descriptions of the work to be done.

19-520 Payment

It is the University's established practice to receive payment in advance of work performed. This is particularly important in connection with foreign-funded projects because of uncertainties that may exist with regard to the stability of the sponsoring country's economy, government or exchange rate. The agreement should make clear when, how, and in what form payment is to be made, so that losses due simply to changes in the exchange rate are minimized. The total estimated cost should be stated in U.S. dollars.

19-530 Foreign Language Version of the Agreement

Except under extenuating circumstances and only when certain conditions (noted below) are met, Contract and Grant Officers should avoid having the agreement written both in English and in a foreign language. If the parties agree that a foreign language version in addition to the English version is needed, a clause should be inserted in both agreements to the effect that, in case of doubt or conflict, the language in the English version will govern. Furthermore, the Contract and Grant Officer should sign the foreign language copy only after obtaining, if it is financially feasible to obtain, a certified legal translation by a qualified translator (i.e., a translator who is well-versed in technical and legal terminology in both languages). Contract and Grant Officers should consult as needed with campus counsel or UC Legal regarding non-English agreements.