Contract Review
Overview
The Office of the Vice President of Business & Operations is responsible for advising appropriate University officials on matters relating to Federal and State laws, as well as University rules, regulations, policies and procedures pertaining to the fiscal management of contracts, grants, or other agreements.
The Office is responsible for ensuring that the business interests of the University are protected in the terms and operations of proposed agreements. The Office is also responsible for determining that the University complies with all provisions of contracts, grants, or agreements with individuals, companies or agencies external to the University.
In the Office of the Vice President of Business & Operations, a contract reviewer may be designated to assist with the review and administration of institutional contracts.
Definition
A contract is any document that creates an obligation, right, or liability for Clayton State University. All contracts entered into in the name of Clayton State University are subject to the Policies and Procedures of the State Board of Regents.
In addition, many of the University’s contracts are subject to State purchasing regulations and to the statutory constraints on contracts entered into by State agencies. Very few individuals within Clayton State University community are authorized to sign contracts on behalf of the University.
No member of the College, faculty, or staff may sign a contract without specific authorization from the President.
State law provides that persons entering into contracts without complying with all applicable State laws and regulations become personally liable for any amounts due under those contracts.
General Guidelines
These guidelines are designed to ensure that applicable contracts, agreements, and memorandums of understandings are entered into a standard fashion and reviewed for legal compliance. The Office of the Vice President of Business and Operations is responsible for approving and signing all contracts, agreements, and memorandums of understanding for over $2,500.00.
Applicable contracts, agreements, and memorandums of understanding must be accompanied by a completed Clayton State University Contract/Agreement/MOU Review Process and Routing form.
I. Unless exempt by law, policy, procedure or practice, forward the following types of contracts, agreements and memorandums of understanding for review:
- Appearances and Special Events
- Applied Learning Experiences
- Auxiliary Services Agreements
- Benefit Agreements
- Business Associate Agreements
- Confidentiality Agreements
- Grants
- Hardware/Software/End User Licenses
- Intellectual Property Agreements
- Internships
- IT Subscription Agreements
- Licensing Agreements
- Location Agreements
- Maintenance/Service Agreements
- Property Rental/Leasing Agreements
- Professional Services
- Service Agreements
The above list of contracts, agreements and MOU’s does not include the name of every type of contract that may require review.
II. Contracts that may be exempt from review if executed on pre-approved standard forms without any additions or changes:
- Agency Agreements
- Alcohol Beverage Service Agreement
- Catering Agreements
- Continuing Education
- Construction/Renovation
- Faculty Contracts
- Joint Staffing Agreements
- Professional Service Agreements
- Property/Leasing/Rentals Agreements
- Service Agreements
- Spivey Agreements
If changes are made the documents in Section II. must be reviewed.