Step By Step Contracting Process
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Contracting Guide for UHD Academic and Administrative Departments

		Step 1: Gather the Needed Information
		Step 2: Complete and Submit the Contract Cover Sheet
		Step 3: Select the Proper Contract
		Step 4: Select an Authorized Representative to Sign the Contracts
		Step 5: Complete the Contract Package
		Step 6: Be Aware of the Processing Time Frame
		Step 7: Process the Contracts Through the Director of Contracts

Step 1:  Gather the Needed Information

Contract Cover Sheet   (See link below)

For each contract your department originates, you will need to submit a Contract Cover Sheet. 

• For departments that report to the Office of Academic Affairs & Provost, a hard copy of the Contract Cover Sheet with signatures from the Provost's Office, the College Dean and the Department Chair is required to receive a contract number.

• For departments that report to the Office of Student Services & Enrollment Management, a hard copy of the Contract Cover Sheet with signature form the Vice President is required to receive a contract number. [Note: This excludes contracts that are authorized to be signed by the Sports and Fitness Director.]

• All other departments may forward or e-mail the Contract Cover Sheet to the Director of Contracts to receive a contract number.

The Contract Cover Sheet is for internal use only. The vendor is not required to sign the Contract Cover Sheet and it should not be forwarded to the vendor.

If your contract involves the expenditure of funds received from a grant, you will need to forward the Contract Cover Sheet to the Director of Sponsored Programs, [Note: Position currently vacant.  Contact Elaine Pearson (pearsone@uhd.edu) for review and availability of funds.

In order to complete the Contract Cover Sheet, you will need to provide of the following:

• A print-shot of the "Vendor Identifying Information" page to verify the "Vendor Classification" is "Open for Ordering".  You can determine the vendor's hold status by running the UHS_AP_SEARCH_FOR_VENDORS query in PeopleSoft Financial.

• Purchase Requisition or voucher number (if available) and project code number (if applicable)

• The UHD "Individual Responsible for Preparing the Contract"

Department, name, phone number and room number

• The UHD "Individual Responsible for Ensuring the Terms of the Contract" 

Name, title and date.  [Note: A hard copy signed by the individual is required for the administrative file; however, an unsigned completed document can be e-mailed to the Director of Contracts to receive a contract number.]

• Contractor/Vendor Information 

Contractor/vendor company name, street address, city, state, zip code, company contact, contract signatory and title, phone number, fax number and tax identification or social security number

• Contract Information 

Purpose of contract/scope of work and contract start and expiration date

• Financial Information

PeopleSoft cost center number, account number, dollar value of contract, whether or not the contract will generate revenue and if the contract will be paid from funds of an existing grant

• Contract Form 

Identification of the contracting document and who will sign the contract

• Contract Checklist

  Determines additional contracting requirements which include vendor hold status verification, employment by the University of Houston System during the past 12 months restriction, timely contract submission, Office of General Counsel contract approval, availability of the service through the Building and Procurement Commission, purchase requisition, competitive bidding, Legislative Board notification, Texas Register publication, Texas Market place publication, performance bond and additional clauses.

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Step 2:  Complete and Submit the Contract Cover Sheet

Contract Cover Sheet

You must complete a Contract Cover Sheet for each contract. 

Contract Number  

Forward or e-mail the contract cover sheet to the Coordinator of Contracts (Lashonda White, whitela@dt.uh.edu or Mary Cook, cookm@dt.uh.edu) to receive a contract number.

Amendments

If you are submitting an amendment to a contract, you will need to prepare an Amendment to Purchasing Agreement for Goods and Services.  In addition to the amendment you are submitting for processing, you will need to attach a copy of:

1. The original contract; and

2. Prior amendments, if any,

with the Amendment to Purchasing Agreement for Goods and Services.

Amendment -Authorized Signatories

 The authorized representatives of the University and the contractor who signed the original contract must sign the amendment.  Amendments must be processed in the same manner as the original contract as required by appropriate University policy.

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Step 3:  Select the Proper Contract

Standard Forms of Agreement 

Select the proper agreement form that is suitable for the transaction. 

The Office of General Counsel has certified certain agreements as "standard contracts."  One of these, Purchasing Agreement for Goods and Services OGC-S-1998-05-UHD (revised 03.04.08) is useful for most transactions that involve services rendered to UHD departments by a non-UHD party.

Additional contracts are summarized in:

• “FAQ” under “Which Contract Should I Use?”, and

• “Quick Reference Defining Contracting Documents" under “OGC (Office of General Counsel) Approved Contracts” and “Supplemental OGC Approved Contracting Documents”  

Go to “Contracting Forms” or “Purchasing and Contract Related Forms” for electronic copies of these documents.

Contact the Coordinator of Contracts on (712) 223-7928 or at whitela@uhd.edu if you have additional questions.

Other Contracts

Some non-UHD parties want to use their own contract for a transaction.  If you use a non-UHD contract or any agreement that has not been certified as an OGC Standard Form of Agreement, the Office of General Counsel will have to review and approve the contract. (Go to "FAQ", "What If The Vendor Wants Us To Sign His Contract?")

You will need to forward four sets of the contracts to the Director of Contracts for submission to the OGC.

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Step 4:  Select an Authorized Representative to Sign the Contracts

Signatures

No person has the authority to bind the University contractually except in the accordance with Board of Regent, UHS and UHD policies.

Contracts are legally binding on the University only upon execution of a contract by the University official with delegated contractual signatory authority.  Contract signature authority is delegated in writing by the President of the University.  See the section “Who Can Sign the Contract?” to determine the University official with delegated contractual signatory authority. 

In general, all UHD contracts and clauses are signed by the vendor prior to obtaining the UHD signature.

Revenue Generating Contracts 

Because of the potential tax liability, contracts generating revenue to the University will need to be approved and signed by the appropriate University officials in accordance with UHS contracting policy.   Contact the Director of Contracts for all revenue generating contracts.

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Step 5:  Complete the Contract Package

Contract Package

Fill in the contract by typing information necessary to complete the contract.  The Alternative Dispute Resolution form and Child Support Clause must be added to vendor contracts that are paid with University resources.

•  Alternative Dispute Resolution (OGC-S-1999-24 Revised 09.01.06)

•  Child Support Certification  (OGC-S-1999-25 Revised 09.01.06)

  The Texas Family Code requires on all state ledger 1 contracts contain a certification that the contractor is either (i) not in arrears in paying child support, or (ii) the contractor is in compliance with a written repayment agreement as to any written debt.   Code Section 231.006(d) applies to all individuals and business entities who enter into contracts to provide property, materials, or services paid from state funds. 

Alternative Dispute Resolution and Child Support certification language is included in the following contracts:

•   Purchasing Agreement for Gods and Services (S-1998-05-UHD Revised 03.04.08)
•   Performer Agreement (S-1998-08-UHD Revised 03.04.08)
•   Independent Contractor Agreement (S-1998-07-UHD Revised 03.04.08)
•   Consulting Agreement (OGC-S-1998-06 Revised 09.01.06)
•   Letter of Contract (OGC-S-1999-22-UHD Revised 10.24.07)
•   Contractor By Operations Job Order Contract (S-2004-1 9/10/03)
•   Sponsored Project Contractual Agreement (S-99-13 Revised 03.04.08) Contact Elaine Pearson(pearsone@uhd.edu or (713) 221-88273) for review and availability of funds.
•  O'Kane Gallery Loan Agreement (OGC-S-2006-13-UHD Revised 11.15.06)
•  Educational Counseling Agreement (OGC-S-2000-12-UHD Revised 05.29.06)

The UHD individual authorized to sign the contract is also authorized to sign all clauses needed to complete the contracting package.

Handwritten Information

Do not submit contracts or forms that contain handwritten information.  A contract is a legal document; therefore, only the parties' signatures and the date of the signatures should be handwritten. Type in all other information including: the names of the parties, statement of services, compensation, days for giving notice of termination, and start and completion dates for services.

Statement of Services

The statement of services should be detailed enough so that all parties to the contract know exactly what is expected. If necessary, an "APPENDIX A" can be referenced along with a brief description in the body of the contact and attached to the contract to detail the "scope of work".

Start Date for Services

All contracts must have applicable legal reviews and be fully executed by both the non-UHD party and the appropriate UHD signatory prior to commencement of and duties of/actions by the parties as set for within the contract.

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Step 6:  Be Aware of the Processing Time Frame

Standard vs. Non-Standard Contracts

Although the Director of Contracts can on occasion expedite the processing of a contract package, departments should have all standard contract documents in order and submitted for UHD authorized signature at least 5 business days prior to the start date for services if using an OGC standard form of agreement. 

Non-standard contracts that must be reviewed by OGC prior to forwarding the package to the vendor should have all documents in order and submitted at least 20 business days prior to the start date for services. 

Please indicate if you can expedite the signature of the vendor or if the vendor will be able to come to the University to sign the contract.

Allow additional time for out-of-state contracts.

Facsimile Contracts and Hard Copy Follow Up

The UH System Administrative Memorandum 03.A.05 Contract Administration - Paragraph 3.1 allows the execution of a facsimile contract on the limited occasions where the contracting party is overseas or due to extenuating circumstances the window for full execution of the contract is a short period of time . 

In these rare and limited situations, three sets of original signature hard copy agreement must be received and processed within 10 business days from the date the contract facsimile is received. The hardcopy agreements must :

• Be signed by same signatories that appear on the executed facsimile agreement, and
• Use the same signature dates that appear on the executed facsimile agreement .

Facsimile contracts should be the exception as opposed to the rule .

Contracts for $25,000 or More

Contracts for goods or services, from which payment of $25,000 or more will be made from any funding source, must be submitted to the Purchasing Department before the contract can be signed by the authorized party.  Notification of the procurement will be posted on the Texas Electronic Marketplace for at least 14 calendar days prior to execution of the contract by the University official with delegated signatory authority, if bid specifications are included, and at least 21 calendar days prior to execution by the University official with delegated signatory authority, if bid specifications can not be electronically uploaded. 

Contracts for Consulting Services

Contracts for consulting services[5], for which payment of more than $25,000 will be made, must be submitted to the University System Office of Contracts Administration at least six (6) weeks prior to the start date for services.  The additional time is needed to request approvals from the Governor's Budget and Planning Office and the Legislative Budget Board (LBB) and to publish a request for proposals for the consulting services in the Texas Register.

Contracts valued at more than $14,000 must be reported to the LBB no later than 10 days after entering into the contract, renewal, amendment or extension.

Contracts Requiring Board of Regents Approval

Contact the Director of Contracts for guidance with protocols for contracts that must be approved by the Board of Regents.  Refer to Board of Regents Policy 47.01.1, which can be accessed at http://www.uhsa.uh.edu/regents/board_meetings/.  The Board of Regents approval process usually takes a minimum of two (2) months.

Late Submittal Form 

If you are not able to submit a contract for processing within the time frames specified above, then you must complete and submit a Justification for Untimely Contract Submittal with the contract.  [Note: This requirement is waived for Facilities Management contracts that are routinely prepared in response to needed building repairs.]

_____________________

[5]  "Consulting Services" are defined by state law as "the service of studying and/or advising a state agency under a contract that does not involve the traditional relationship of employer-employee."

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Step 7:  Process the Contracts Through the Director of Contracts

Documents for the Complete Contracting Package

The complete contracting package will include:

1. One (1) copy of the completed Contract Cover Sheet (for internal UHD use only);

2. Three (3) originals of the contract;

3. Three (3) originals of OGC S-99-24 - Alternative Dispute Resolution form, unless the contract itself includes the ADR provision; and

4. Three (3) originals of all other certifications and contract addenda that are required for processing the contract as discussed in this web site.

Routine vs. Infrequent or First Time Contracts

If you:

1. Have completed the Contract Cover Sheet;

2. Have obtained a contract number from the Director of Contracts;

3. Require no bid, posting or authorization for the contract;

4. Know and have a copy of the appropriate contract to be used;

5. Are familiar with the contracting process;

6. Routinely complete the same contract for similar services with various vendors; and

7. Can obtain the non-UHD signature promptly as a result of interactions with the vendor;

feel free to obtain the non-UHD signatures on the three contracts and forward the package to the Director of Contracts for review and execution by the appropriate UHD signatory.

If you prepare contracts infrequently, this is the first time you have prepared a contract, or you have questions regarding any portion of the contracting process, contact the Coordinator of Contracts on (713) 223-7928.  You will need to:

1. Complete the Contract Cover Sheet;

2. Contact the Coordinator of Contracts to obtain a contract number and assistance with preparing the appropriate contract;

3. Complete the balance of the contracting package referenced in "Step 5: Complete the Contract Package"; and

4. Forward the complete package to the Coordinator of Contracts for review, approval and execution.

The Coordinator of Contracts will be happy to review your contract package before it is forwarded to the vendor or address any questions you may have at any time.

Interoffice Mail and Office Location

If you would like to deliver the documents or forward them through interoffice mail, the Coordinator of Contracts' office is located in the One Main Street Building, room 910-S.

Coordinator of Contracts

Upon receipt of your contracting package by the Coordinator of Contracts will:

1. Review the Contract Cover Sheet and the contracting package for compliance and completion;

2. Obtain the necessary approvals and signatures to fully execute the contract; and

3. Keep one fully executed original for the administrative file and forward two to your department, one for the vendor and one for your departmental files.

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