Intelli-Products Inc. Rick Clemenzi, PE
July 22, 2019
11:26 a.m. PDT

Peer Ranking "required", but NDA cannot be signed with clear conflict of interest

We went to the "Peer Ranking" section as directed (e-mail 7/18/19), but the NDA contains the clause "(b) I represent that the following statement is true: I do not have personal or financial interests in, nor am I an employee, officer, director, or agent of any entity that is a registered participant in this prize competition". As a participant in the competition, this is clearly not a statement that we can sign. Thus we don't see how this can possibly be a requirement as the e-mail says: "This is mandatory and failure to complete this portion of the Ready! Contest will result in disqualification."

We don't understand what is being asked of us. Please clarify ... we would suggest for all participants.
3 Replies

Intelli-Products Inc. Rick Clemenzi, PE
July 22, 2019
3:41 p.m. PDT
Given the above NDA matter and without apparent instruction to the contrary, I selected "Decline" on the NDA and the system surprisingly still proceeded to list 6 entries for me to, I presume, review. I would note that in the NDA preamble it says "Individuals with a conflict of interest as described in this agreement may not participate in the review or judging process." There seem to be multiple inconsistencies with this process, and I again ask that you please confirm what exactly is being asked of us and, importantly, how we are to resolve the several conflicting matters. As a professional engineer, I find it concerning that I am in what appears to be a conflicted situation, albeit not of my creation as best I know. Please note this is a time critical question! Thank you.

Tiffany Winsor
July 23, 2019
9:12 a.m. PDT
Rick, they specified in another post that we are only bound by the one section of the NDA that applies to entrants. It's tiny and in the middle, and easy to miss when you read the thing. So the official word is that you should accept the NDA and rank the entries. Hopefully next time they will have a separate NDA for peer ranking.

Intelli-Products Inc. Rick Clemenzi, PE
July 23, 2019
9:31 a.m. PDT
@Tiffany Winsor
Thank you Tiffany for responding, but the NDA is very clear in this. I will add from the NDA:
"(d) I further acknowledge that have a continuing obligation to disclose any circumstance that may create an actual or apparent conflict of interest. If I learn of any such conflict, I will report it immediately to the prize administrator. I will not perform any duties related to my review or judging of this prize program until I receive instructions on the matter."
"(i) I agree to comply with all applicable laws, rules and regulations and will not take any action in violation of
any applicable law, rule, or regulation. I acknowledge that a breach of this agreement may subject me to criminal liability, civil liability and or suspension and debarment."

The clause in sub-part (d) "I will not perform any duties related to my review or judging of this prize program until I receive instructions on the matter" REQUIRES instructions from the administrator regarding the conflict before applicants can legally do reviews as best I can tell. Sorry to take this so seriously, but this is a contract and I am unwilling to breach a contract. We still have a couple of days, and I am hoping the administrator will provide clarification as specified.
Tagged: Tiffany Winsor
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