Guidelines for Contract Management, Review, and Approval

All Contracts (any legally executed University agreement or document that binds the University and another party to obligations), regardless of financial commitment, must be reviewed in accordance with University Contracts Policy 7.7 prior to being signed by an Authorized Signatory.

The Contracting Unit is responsible for understanding and approving the terms and conditions of the Contract and is responsible for seeing that University Contracts Policy 7.7 and all other applicable University policies and procedures are followed in the execution and administration of the Contract, including the required Contract Review Process set out below.

The Contract Administrator and the Office of Legal Affairs is responsible for assisting Contracting Units with contract management, review, and approval.

Definitions

An individual designated to act on an Authorized Signatory’s behalf in matters requiring signatures on Contracts as outlined in Policy 7.7. (This policy has been approved internally, and is waiting for approval from the Board of Trustees). An Authorized Alternate may exercise such authority in the planned or occasional absence of an Authorized Signatory.

University administrators expressly authorized to sign University contracts to bind the University.

Any legally executed University agreement for Goods or Services or document that otherwise binds the University and another party to obligations, regardless of any monetary amount or the name of the document. The following are two main types of contracts and their respective examples: 

Zero-dollar (nonprocurement) Contracts are agreements and contracts between two parties that do not include the expenditure of funds or are revenue-generating, except grants managed by the SPARC Office. Examples include: Memorandums of Understanding, Affiliation Agreements, Rental Agreements (parties renting space from SUU), Revenue Agreements, etc. 

Procurement Contracts are contracts that include an expenditure of funds, regardless of amount. Examples include: independent contractor, speaker/entertainers, software, consultants, rental agreements (SUU renting space from an external party), maintenance agreements, etc.

The SUU office that is responsible for and needs the contract at issue to carry out their University duties.

Technology hardware, software, cloud services or computing, or collection or transfer of personal data or other sensitive information by technological means; or as applicable, the Information Technology function at the University.

Any activity conducted abroad, or which otherwise involves an international collaboration, funding or other component, that is sponsored by the University, including for example:

  • Conducting research through a university grant or contract, or otherwise at the direction of the university, in a foreign country or otherwise involving persons, materials, or natural resources in a foreign country.
  • Traveling with students in a foreign country within the scope of an SUU employee’s job responsibilities.
  • Setting up an office or leasing space in a foreign country.
  • Contracting or otherwise collaborating with a foreign government or private entity.
  • Making or receiving payments from a foreign entity.
  • Training persons in foreign countries.

The furnishing of labor, time, effort, or expertise by a third party that does not involve the delivery of a specific end product, other than reports. Excluded from this for purposes of this policy are employment agreements with University employees.

Employees who make decisions on behalf of the University.

Interim Contract Review Request and Signature Process:

All contracts must be submitted for review.

The contract review and signature request process can take up to 6-8 weeks. Please be sure to plan requests accordingly.

Follow all procurement policies and procedures, as outlined by the SUU Purchasing Thresholds. See all SUU Policy 5.24, Purchasing. For those using purchasing contract forms, please be advised that the forms have been updated. Do not use old downloads.

Get a writable contract (Word.docx or Google Docs) that can be revised and includes your proposed edits. If you do no have a writable contract ready for review, please request one form whomever drafted the contract or convert it within your department.

Review the business obligations listed in the contract and edit it in redline form so that those obligations are accurate and complete for your business deal. If any of the terms are not in the University's best interests or are not clear or not feasible for your department, include your edits to those parts of the contract prior tosubmitting it for review. Please note that often, contracts given to you by third parties are not entirely favorable to the University as initially drafted.

Add (i.e., copy and paste) the "SUU Government Entity Required Contractual Provisions Attachment," (GEA) at the end of your writable contract. Review the GEA Document.

Add the following clause above the signature line of the writable contract you are submitting for review:

"The Provisions found in the Government Entity Required Contractual Provisions Attachment, which is attached hereto, are hereby incorporated in this contract and made a part hereof."

Ensure the person listed to sign for SUU is an authorized contract signature authority-and edit as necessary. Currently, there are only a few on campus. You can find that list on this page. Please note, this signatories may not be the same as those you have used in the past.

Once you complete the above steps, submit your contract for review to: contracts@suu.eduPlease be sure the body of the email contains a few sentences describing what the contract is about, providing background information and context for your review request. Please also include any external deadlines. Do not send an attachment and a blank email.

Contract Review Process

Which University offices need to review a Contract depends on the nature of the subject matter in the Contract. A list of University resource offices is below, along with a description of the types of agreements and/or terms each needs to review. The responsible Contracting Unit, in conjunction with the Contract Administrator, must seek and obtain approval from all applicable offices. Generally, the reviews from these various business units shall precede the legal review by the Office of Legal Affairs.

Contract Terms/Type Office(s) to Review Contract (other than Office of Legal Affairs) Relevant Policies Additional Relevant Information
Affiliation Agreements Consult with the Office of Enterprise Risk Management, and process through the Purchasing Department Review SUU Policy 5.13

Athletics

 

 

 

Game Contracts

Consult with the Athletic Director, and process through the Purchasing Department, as applicable

Game Contracts: Process through Athletics

Review SUU Policy 12.1
Credit Card Information - Payment Card Industry (PCI) Consult SUU Bursar or the PCI Committee Review SUU Policy 5.22
Donations and Gifts Institutional Advancement Office Review SUU Policy 5.24 and Policy 5.46 Review the SUU Advancement Website
Employment Agreements Consult with the Vice President of Finance and Administrative Services, and process through the Office of Human Resources Review SUU Policy 5.21 and 6.24
External Sales Consult with the Vice President of Finance and Administrative Services
Protected Health Information Consult with the Benefits Manager in Human Resources when related to employees; Consults  Review SUU Policy 8.2, 9.7, and 13.17 Review the SUU Human Resources Benefits Website
Purchase of Goods or Services Purchasing

Review SUU Policy 5.24 and 5.7

Review Utah State Board of Higher Education Policy R571
Independent Contractors Office of Human Resources; then through Purchasing Review SUU Policy 8.3.7 Review the SUU HR Site as needed, consult with Accounting Services for payment-related provisions
Insurance Terms, Liability Limits, Indemnification, or Significant Risks Office of Enterprise Risk Management Review Enterprise Risk Management's Site
Intellectual Property (including Licenses) Consult with the Marketing Department if using University Trademarks or Logos; otherwise through the Provost/Vice President for Academic Affairs, process through the Purchasing Department Review SUU Policy 5.52
International Terms Consult with International Affairs, Human Resources and process through the Purchasing Department Review SUU Policy 5.30
IT, Data Security, Software and Software as a Service Terms or Agreements Consult with the Information Technology Department and the Office of Enterprise Risk Management, and process through the Purchasing Department Review SUU Policy 5.22 and 5.51 Review the SUU Information Technology Website
Real Property  Vice President of Finance and Administrative Services Office and the Facilities Management Review SUU Policy 5.24 and 10.12 Review Utah Code 63G-6a-101 et seq. and USHE Policy R571
Sponsored Projects, Research Consult with the Office of Sponsored Research and Grants (contractual) and Accounting Services (fiscal) Review SUU Policy 5.46 Review the SUU SPARC Website
Use of University Trademarks, Logos, Images of Buildings or otherwise Filming or Photographing on Campus Consult with the Office of Marketing Communication Review SUU Policy 5.43 and 12.2  Review the SUU Marketing Communication Brand Guide
Zero Dollar Collaborations Consult with the Office of Enterprise Risk Management; for academic collaborations, then through the Provost; for non-academic collaborations, then through Vice President for Finance and Administrative Services

Required Contract Terms

Required terms for all University Contracts, which are in the “SUU Government Entity Required Contractual Provisions Attachment,” shall be incorporated in every University Contract and can be found outlined in this document.

The following language should be used in the body of the Contract, above the signature line, to incorporate the Government Entity Required Contractual Provisions Attachment:

“The Provisions found in the Government Entity Required Contractual Provisions Attachment, which is attached hereto, are hereby incorporated in this contract and made a part hereof.”

Other language may be needed for other attachment(s), if any, as described within those documents at the above link. Business Units should consult with the Contract Administrator.

Contract Signature Authority/Delegations

University employees are not authorized to sign Contracts on behalf of the University, except as expressly delegated by the University President. The following is a current delegation list of Authorized Signatories and Authorized Alternates approved by the University President on 7/18/2022:

For any University Contracts:

President

Vice President for Finance and Administrative Services

Director of Purchasing

Authorized Alternate: Assistant Vice President of Finance

For Zero Dollar Collaborative Academic-Related Agreements:

Provost & Vice President of Academic Affairs

Authorized Alternate: Associate Provost, James Sage

For Contracts for Purchase of Goods or Services:

Director of Purchasing

Authorized Alternate: Senior Director of Purchasing

For Sponsored Project Agreements:

Director, SPARC up to their delegated financial threshold of $50,000. Agreements above the threshold must be signed by the Vice President for Finance and Administrative Services. See SUU Policy 5.24.

For Aviation:

Deputy Executive Director of SUU Aviation for procurement activities up to their delegated financial threshold of $30,000. Agreements above the threshold must be signed by the Vice President for Finance and Administrative Services.

For Athletics:

Director of Athletics for Game Contracts.

For SUMA:

Executive Director for SUMA for non-procurement Art Loan Agreements with current faculty and students who display their artwork at SUMA or under the direction of SUMA's programming.