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CONTRACTING GUIDE
for
UHCL Contracts Administration Office
The Contracting Guide was developed by the University of Houston System / University of Houston Office of Contracts Administration, modified for/by UHCL, for use by University of Houston-Clear Lake and University of Houston System business and administrative personnel in providing guidance in preparing and processing contracts. The Guide is applicable to (a) contracts executed by an individual on behalf of the University or (b) contracts to which the University is a party or signatory in any capacity, regardless of funding source or amount of funds expended or generated. The Guide is intended to supplement Contracting SAM 03.A.05. You can obtain electronic or hard copies of all forms mentioned in this Guide from the Contracts Administration Office or from the Contracts Forms page.
GENERAL INFORMATION
All contracts, regardless of the source of funding, must be administered in accordance with Board of Regents Policy 47.01 and University of Houston System Administrative Memorandum 03.A.05 and UHCL Contracting Policies and UHCL Contracting Procedures.
The originating department is responsible for monitoring and assuring performance in accordance with provisions of the contract and for reporting non-compliance to the School/Division Business Administrator and, as appropriate, to the appropriate Vice President. The Contracts Administration office will provide needed assistance as requested. The individual(s) responsible for ensuring that the terms and conditions of the contract are met shall sign an appropriate statement acknowledging that the Contractor has met the terms and conditions of the contract (receiving report).
Purchase Requisition or Contract. Use a purchase requisition to obtain commonly available goods such as office supplies. If the subject matter of the transaction involves human performance such as rendition of services, then you should use a contract.
Competitive Bidding Requirements -- Contracts. If the amount paid for the goods or services will be more than $10,000 of state or local funds, then bids must be obtained prior to execution of the contract by the authorized UH signatory – and a Recommendation for Award form completed and submitted evidencing the competitive bidding process. You are not required to obtain bids if (a) the contract is for professional services , as defined by Texas law; (b) the goods or services can only be obtained from only one vendor (a "sole source"); or (c) the goods or services are unique ("proprietary") or "one-of-a-kind." If bids will not be obtained, then you must submit a Proprietary/Sole Source Justification form for processing with the contractual documents.
Link to Purchasing Guidelines Ledgers 1-4 and Ledger 5
Link to Centralized Master Bidders List (CMBL)
Purchasing Department Assistance. For assistance with the bidding process, contact the UHCL Purchasing Department at (281) 283-2150.
Note: Transactions involving Ledger 5 funds in furthering research projects must be processed through the Office of Sponsored Programs.
Necessary Information: In order to complete the contract, you will need to obtain all of the following information from the person or department requesting your assistance with the contract:
(a) the name, street address, city, state, telephone and fax numbers and e-mail address of the Contractor;
(b) the name and title of the person who will sign on behalf of the Contractor, if the Contractor is a corporation
(c) the social security number or the tax identification number for the Contractor;
(d) the amount that will be paid or received (if a revenue-generating contract);
(e) the UHCL PeopleSoft cost centers from which payments will be made or into which revenues will be deposited;
(f) the PeopleSoft vendor number for the Contractor. If vendor is not established in PeopleSoft, enclose vendor set-up form (available on Contract Forms page) and forward to Contractor for signature and information.
(g) a detailed description of goods or services or space (if a lease) that UHCL is procuring or providing (if a revenue-generating contract) or the arrangements for an affiliation/practicum site for a clinical program;
(h) the start date for the contract; and
(i) the expiration date for the contract.
Amendments. If you need to amend a contract, in addition to the amendment you are submitting for processing, you will need to attach a copy of (a) the original contract, and (b) all prior amendments, if any. The amendment form is available from the Contract Forms page.
Amendment -- Authorized Signatories: The authorized representatives of the University include the President, Provost or Vice President of Administration and Finance. The Contractor who signed the original contract must also sign the amendment. Amendments must be processed in the same manner as the original contract as required by appropriate University policy.
Standard Form of Agreements: In consultation with Office of the General Counsel and/or Office of Contracts Administration, 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, OGC-S-98-05 (Purchasing Agreement for Goods & Services Provided to UHCL) is useful for most transactions that involve services rendered to UHCL departments by a Contractor. This form is available on the Contract Forms page.
Other Contracts: Some non-UHCL parties want to use their contract for a transaction. If you use a non-standard contract that has not been certified as a OGC Standard Form of Agreement, the UHCL Contracts Administration Specialist will consult with the Office of General Counsel for additional review.
STEP 3: COMPLETING THE CONTRACT
Completed Contract. Fill in the contract by typing information necessary to complete the contract. If the contract form does not have an Alternative Dispute Resolution provision, you will need to complete and submit an Alternative Dispute Resolution form (available on the Contract Forms page). The following certifications must also be considered with the use of contracts in which University resources are spent:
1. Child Support Certification. The Texas Family Code requires all state Ledger 1 contracts contain a certification that the Contractor is either (i) not in arrears in paying child support, or (ii) 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. This certification is contained within the OGC-S-98-05 contract agreement. If you are not using OGC-S-98-05 and you are using state funds, you will need to attach a Child Support Certification form (available on the Contract Forms page).
2. Corporate Franchise Tax Certification. All contracts must contain a certification that the Contractor is not delinquent in the payment of State of Texas corporate franchise tax, or state that the Contractor is not subject to the tax. If the Contractor’s statement is false, the University is entitled to terminate the contract. The required certification is contained within OGC-S-98-05 contract agreement. If you are using a different standard form of agreement, please contact the Contracts Administration Office for assistance.
3. Contract Workforce Questionnaire and Procedures. Contracts utilizing state appropriated funds in excess of $10,000 need to include the contract workforce questionnaire.
Click here for Contract Workforce Questionnaire Form.
Click here for procedures.
The authorized UHCL signatory for the contract will also be the authorized signatory for all contract addenda such as the Alternative Dispute Resolution form.
Handwritten Information. Do not submit contracts or forms that contain handwritten information. A contract is a legal document; therefore, only the parties' signatures should be handwritten. Type in 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.
Start Date for Services. All contracts must have applicable University administrative/legal reviews prior to commencement of and duties/actions by the parties as set for within the contract.
STEP 4: SIGNATURES ON THE CONTRACT
Signatures. No person has the authority to bind the University contractually except in the accordance with Board of Regent, UHS and UHCL policies. Contracts are legally binding on the University only upon execution of a contract by the University official with delegated contractual signatory authority. University personnel should consult and be familiar with the appropriate Board of Regents 47.01, SAM 03.A.05 and UHCL Contract Policies and Procedures and the delegated authority of University officials set forth in those policies.
Revenue Generating Contracts. Because of the potential tax liability, contracts generating revenue to the University will need to be approved and signed by University officials as per appropriate contracting policy.
STEP 5: PROCESSING CONTRACTS
After all necessary approvals, addenda, certifications and signatures of Contractor and University officials have been obtained, send the following to the Contracts Administration office:
1. Three (3) originals of the contract;
2. Three (3) originals of the Alternative Dispute Resolution form unless the contract itself includes the ADR provision;
3. Three (3) originals of all other certifications and/or contract addenda that are required for processing the contract as discussed in this Guide; and
4. One (1) original of the Independent Contractor Eligibility Questionnaire (ICEQ) form, if needed (for individuals using a social security number as the taxpayer identification).
These documents can be sent to UHCL Box 137. If you would rather deliver the documents, the Contracts Administration office is located within the Purchasing Office, Bayou Building 2123.
Receipt by Contracts Administration: When the documents are received, they will be date and time stamped. Verification will be made to determine that all documents have been received, all required signatures have been obtained for approval, and reporting guidelines followed. After a contract number has been assigned to the contract documents, the Contracts Administrator will keep (1) one fully-executed copy of the signed contract with original signatures and will return two (2) copies of the contract to the Business Coordinator. The Business Coordinator will forward copies of the contract to the contract initiator who is responsible for sending one (1) copy of the contract to the Contractor. The Business Coordinator will retain one (1) copy of the contract for departmental records.
STEP 6: PROCESSING TIME FRAMES
Standard, Non-Standard Contracts. Although the Contracts Administration office can expedite processing of a contract, you should have all documents in order and submitted at least 10 business days prior to the start date for services if you are using an OGC standard form of agreement and at least 20 business days prior to the start date for services if you are using a non-standard contract.
Contracts for More Than $25,000. Contracts for goods or services, from which payment of more than $25,000 will be made from any funding source, must be submitted to the Contracts Administration office before the contract is executed by the authorized University signatory. State law requires that notification of the procurement be posted on the Texas Electronic Marketplace, if a bid opportunity exists, 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 are not included. Failure to comply with these requirements renders to contract void.
Contracts for Consulting Services. Contracts for consulting services, for which payment of more than $25,000 will be made, must be submitted to the Contracts Administration office at least six (6) weeks prior to the start date for services. Additional time is required to request approvals from the UHCL Office of the President, Governor's Budget and Planning Office and the Legislative Budget Board and to publish a request for proposals for the consulting services in the Texas Register. Click here for Texas Government Code 2254 regarding professional and consulting services.
Contracts for which Board of Regents Approval Must Be Obtained. Your business coordinator should contact the UHCL Contracts Administration Specialist and/or Janis Newman, at (713) 743-5566, 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/ The Board of Regents approval process usually takes at least three (3) months. The Board of Regents holds four (4) regularly scheduled meetings per year. Meeting schedules can be accessed at the website above.
Contracting GuideThe originating department assumes primary responsibility for a contract from inception to completion of the transaction. The originating department is responsible for monitoring and assuring performance in accordance with provisions of the contract and for reporting non-compliance to the School/Division Business Administrator and, as appropriate, to the appropriate Vice President. The Office of Contracts Administration will provide needed assistance as requested. The individual(s) responsible for ensuring that the terms and conditions of the contract are met shall sign an appropriate statement acknowledging that the Contractor has met the terms and conditions of the contract (receiving report).
1. Upon invoice and verification of satisfactory completion of the work, sign receiving report, indicate whether the payment is a "partial" or "final" payment, and attach a copy of the contract and invoice/documentation. Note: Only one invoice can be processed per receiving report.2. Forward signed receiving report and documentation to Accounts Payable, Box 105.
3. Forward signed receiving report and documentation to Contracts Administration, Box 137.
Note: Do not prepare a voucher if a receiving report has been signed.
Note: Contracts are encumbered for the active budget year only. Departments are responsible for informing Contracts Administrator on a yearly basis of encumbrance requests for multi-year contracts.
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