Contract administration includes the oversight of the relationship between FVSU and the commitment from the other party. Generally, all contracts of which Fort Valley is a party must be reviewed and approved by the director of contracts and compliance prior to signing as executing/signing a contract on behalf of Fort Valley may have legal implications for the University.
Effective August 15, 2018, the director of contracts and compliance will review goods and services contracts that are in excess of $2500. Contract Routing Form must be completed.
Contracts under $2500 must be in accordance with the State of Georgia contracting guidelines; therefore it is the responsibility of the contracting employee and VP to review the contract. The absence of a review, the contracting employee and designated VP chooses to accept liability and approval without the director of contract and compliance review.
In accordance with the Procurement/Purchasing guidelines, goods and services under $2500 can be processed by attaching the quote to the requisition prior to services rendered. You may not split reasonably foreseeable purchases into two or more transactions for the purpose of circumventing the review process.
Contracts must satisfy the three basic criteria listed below:
- Support the University mission and business operations
- Necessary funds and other resources must be available
- Terms of the contract must comply with BOR and FVSU regulations and applicable local, state and federal laws
State of Georgia Contracting Guidelines
Prohibited Contract Language: If Legal Affairs do not review, you are responsible for viewing the language in the contract.
*Attorney Fees/or court/litigation expenses
*Contract being governed by the law of another state
*Finance charges or payment penalties
*Term of the agreement exceeds the current fiscal year, June 30 termination date.Below you will find th standard T&C for Georgia. Please feel free to provide to your vendors.
Standard Terms Conditions of the State of GA
Contracts will NOT be approved if submitted after the day of the event or after the effective date listed on the contract. We cannot guarantee that contracts submitted the day or week of the event will be approved. All contracts should be submitted as soon as possible, but no later than two weeks before the performance of the contract is scheduled. Failure to adhere to the guidelines, will result in disciplinary action, up to and including termination of employment.
Exemptions to the Legal Review
Please note, exemption from legal review and approval does not exempt contracts from contract routing to obtain other necessary approvals, depending on the nature of the contract. When able, departments should always use contract templates that are pre-approved by Legal Affairs. The following types of contracts are currently exempt from legal review:
- A state-wide contract for the specific services
- Routine purchase orders, bills of sale, invoices, if they do not contain any terms and conditions; or
- Renewals of existing contracts approved within the previous (2) years, unless the terms and conditions of the renewal are different than those previously approved or one year plus two (2) renewals ;
- Pre-approved and unmodified standard university contract templates, such as the Standard Service Agreement or Entertainment Agreements, unless modifications to the terms and conditions are needed and if the contract is under $2500. However, these contracts may not be inappropriately used.
- Contracts for the purchase of software, statistical data, online products and services, and lab and research materials, if both of the following conditions apply:
a. Value of the contract is $4,999.99 or less.
b. The product is for use within the department making the purchase, and not for campus-wide use.
Contract Initiation Process:
Contract Process Workflow
Examples of Contracts:
- Agreements to buy, sell or rent goods or to provide, obtain or rent services;
- Memorandum of Understanding or Cooperation with government agencies, universities, and other organizations for the accomplishment of particular purposes;
- Grants and sub-awards provided (funded) by government agencies and private organizations;
- Affiliation/clinical agreements;
- Leases of movable property, such as tools, equipment, vehicles, etc.
- Leases, deeds, and other conveyances affecting interests in real property;
- Employment contracts, volunteer and consulting agreements;
- Waivers and releases, and nondisclosure agreements;
- Material transfer agreements, intellectual property and software license agreements;
- Student or faculty exchange and joint staffing agreements.
After a contract is approved, the director of contracts and compliance will route the contract for approval by the authorized university official. If a vendor is requiring a contract for purchases under $2500, the department is responsible for submitting the contract to the authorized university official. The final contract will be submitted via email to contracting employee from the authorized University Official.
For more information:
Director of Contracts and Compliance