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General Contract Information


Overview

Contracting within the NSHE system is a complicated process and it is recommended that any department wishing to enter into a contract, first consult with the Budget and Planning Office regarding the appropriate forms and procedures.

The Budget and Planning Office processes contracts in accordance with the NSHE Procedures and Guidelines Manual, (Chapter 5, Section 3).

Departments handle contract negotiations and preliminary arrangements with the agency or vendor, and have the Contract Staff review for compliance.  Contracts works directly with the department initiating the agreement for any compliance requirements or issues. Contracts consults with General Counsel to ensure that policies/requirements, or local, state, or federal laws or regulations that preclude TMCC from agreeing to certain clauses.

Approvals and Signatures

In addition to following the usual purchasing procedures, the following approvals and signatures are needed.  Contracts should never be signed by unauthorized personnel or non-designated signers, which could lead to personal liability for the full amount of the unauthorized contract, audit exceptions and/or actionable discipline.

  • Contracts with a purchase of $1 to $2,000 must be signed by the person(s) with signature authority on the account(s) used for the purchase. Unless the aggregate total amount purchase to the same vendor exceeds $2,000 during the fiscal year a contract needs to be generated. This includes the purchase goods if a service is provided, i.e. special printing.
  • Contracts with a purchase between $2,001 and $24,999, require the dean or department head's email approval or other electronic or written approval and the contract must be signed by the Vice President of Finance and Administrative Services.
  • Contracts with a purchase between $25,000 and $49,999, will require the dean or department head's email or other electronic or written approval, as well as the written approvals of the Vice President of Finance and Administrative Services the signature of TMCC's President or their designated signer.
  • Contracts with a purchase price over $50,000 are typically handled by Business Center North (BCN) Purchasing and require a bidding process. BCN Purchasing has signature authority for TMCC to sign these contracts. Unless specifically requested by BCN Purchasing, the president's signature is not required on these contracts. However, the department should work with Contracts and forward a copy of the completed contract to the Budget and Planning Office for TMCC's contract files as well as for any internal signatures that are required.

Any agreements, grants or contracts that require the President's signature, a memo is required from the initiating department summarizing the need for the document.  This short summary should include the who, what, why and when of the document. This must be included with the finalized document presented to Contracts for review.  A sample of the memo is available as a fillable PDF.  This additional information will help expedite the process.

In some instances, contracts will require the Chancellor's approval. For specific examples, see: NSHE Procedures and Guidelines Manual (Chapter 5, Section 3, Question and Answer 12)

The Contracts Office coordinates with the TMCC President's Office in obtaining the Chancellor's signature. If the Chancellor's signature is required, expect at least two weeks, or longer, for the Chancellor's Office review and approval.

Forms

If an outside agency or vendor requests that a different form be used, please contact us. Our contracts are in fillable PDF and some are available in MS Word format upon request.  It is highly recommend and encouraged to use our forms in place of a vendor contract.  These are already NSHE compliant and will expedite the process.  Most vendor contracts are not compliant and should never be processed without proper review.  We will work with vendors through the department to bring it compliant, but expect longer review times up to 30 days or more depending on the type of contract.

Insurance

To provide TMCC protection from liability, evidence of insurance is required for many contracts. The NSHE Risk Management office coordinates the NSHE insurance program. A reference guide for contractor insurance requirements is available from BCN Risk Management. Any questions regarding insurance requirements for contracts should be directed to Budget and Planning Office.

TMCC must obtain insurance documents and keep them on file if the contract meets one or more of the following criteria:

  1. The contract requires insurance but does not involve an expenditure of TMCC funds, or
  2. The contract purchase amount is under $2,000, or
  3. The other contracting party lists a social security number on the W-9 form or the BCN Vendor Registration Substitute W-9 form.

BCN Purchasing collects insurance for contracts that do not meet this criteria.

See Also: Insurance Process Flowchart

Deadlines

Depending upon the complexity of the contract, approvals needed, and the willingness of the other contracting party to work with TMCC, timely contract processing may require 30 days or more. Please contact the Budget and Planning Office for a contract processing time estimate. Submit contract documents to the Budget and Planning Office.

Purchase Documents

If the contract requires a purchase order, please provide the following through Workday:

Submit the contract to the Budget and Planning Office. Use Workday for processing and uploading appropriate documents.

Departmental Copies of Contracts

When a contract is finalized, the TMCC Budget and Planning Office will email scans of the contract and related paperwork to the department. Some of these may require final signature from the vendor and the department is responsible for obtaining and returning a fully executed copy to the Budget and Planning Department.  Budget and Planning will keep received contracts on file for 7 years and are filed by the vendor’s legal name. Records of contracts with a purchase between $1 and $2,001, are kept on file at Accounts Payable, Auxiliary Services and copies are available upon request.

Guest Speakers/Performers

One-time non-recurring guest speakers or performers paid inclusive of all costs under $25,000, may be paid by completing a TMCC Guest Speaker/Performer form in advance of the event.

Recurring guest speakers/performers or those paid more than $25,000, may be paid by completing -- in advance of the event -- the following forms:

Contracts in Which TMCC Receives Fees for Services

When a TMCC department agrees to render services in exchange for revenues, the TMCC department should process the agreement using its departmental processing procedures. However, grant-related fees for services agreements must first be cleared through the TMCC Grants Office.

The TMCC Scheduling Office procedures and forms are to be followed when an outside entity wishes to use TMCC's facilities.

Academic Contracts

Academic contracts primarily consist of academic subject matter, for example: articulation agreements, curriculum agreements, and clinical education agreements. Academic contracts with no dollar expenditures or an expenditure of less than $2,000 may be signed by the Vice President for Academic Affairs. Academic contracts with larger expenditures are approved and signed using the procedures for approvals and signatures, above.

The NSHE-approved forms available on the Budget and Planning Office's documents and forms page must be used for allied student health program clinical agreements. Any deviation from these forms must be reviewed by the Budget and Planning Office and approved by the General Counsel for TMCC.

Software Purchases

Purchase contracts for the purchase of software under $50,000 should be handled by normal purchase procedures.

Purchase of Goods

The purchase of goods under $50,000 with delivery handled by common carrier should be handled by normal purchasing procedures.

Trade-out Policy

The Board of Regents Institutional Trade-Out Policy governs any trade-outs. Board of Regents Handbook (Title 4, Chapter 10, Section 26).

Volunteers

TMCC departments choosing to utilize volunteers must follow BCN and TMCC Human Resources guidelines and procedures. More Information »