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    Chattanooga State Technical Community College
   
 
  Sep 21, 2017
 
 
    
Policies

04:07:00 Contract Policies


(This policy is not applicable to employment contracts with the College.)

  1. General: The following shall be implemented to:
    1. Assure College contracts comply with Tennessee Board of Regents (TBR) policies and guidelines.
    2. Allow divisions to continue to nurture their personal contacts with outside sources. A contract coordinator will encourage direct coordination at the user-expert level.
    3. Establish a standardized control system for processing the College's contracts. It is suggested that, whenever possible, divisions endeavor to utilize a purchase request for services of a minor nature. Generally, if all terms of the purchase can be included on the purchase order and the item being procured is not a personal service, it may be procured through a purchase request. But when a written contract or agreement is involved, the College must meet the standards as outlined in this document. Each division should select an individual contract coordinator for each contract who is familiar with both the technical aspects of the contract and the outside party (contractor). Coordinators should be clearly identified so that they may be easily contacted, if needed. The contract coordinator will be the liaison between the College and the contractor.
  2. Contract Preparation
    1. All divisions will be responsible for the preparation of their own agreements/contracts. Each division is, then, a contract originator and is responsible for following campus and TBR policy and guidelines, specifically Policy 1:03:02:10, Approval of Agreements and Guideline G-030, Contracts. The best way to accomplish compliance is to use the model contracts provided by TBR Guideline, G- 030. Except in unusual circumstances, those models will be used for College contracts. Those contract models may be obtained from the TBR web site or, upon request, from the Assistant Vice President, Grants, Contracts, and Student Accounts. Upon receipt, those models should be stored electronically so that contract drafts are easily produced.
    2. In situations where a contractor's agreement is submitted to the College and the agreement is non-compliant with TBR policy and guidelines, the Assistant Vice President, Grants, Contracts, and Student Accounts, may prepare an addendum to assure compliance. The phrase "Except as provided in the attached Amendment/Addendum which forms an integral part of this Agreement," will be typed above the signature block on the agreement. Changes addressed in theamendment/addendum may need to be negotiated with the contractor. The contract coordinator will be the liaison between the College and the contractor.
  3. Obtaining Campus Approval
    1. The flow for contracts whether a TBR model agreement, a contractor's agreement, contract addendum or amendment will be as follows:
      1. division coordinates and prepares an agreement with an external agency, organization, or individual. All contracts should be submitted to the College for review and signing before the contractor has signed. However, there are some occasions when contractors will submit their signed contracts first, based upon the purchase order and their own requirements. Note: The President's title should be included in the appropriate space on the signatory page of the proposed agreement.
      2. The division forwards three copies of the proposed agreement (four, if the agreement requires TBR approval) with one completed College Contract Approval/Routing Form, copy attached, to the Assistant Vice President, Grants, Contracts, and Student Accounts for review. If the agreement is an addendum or amendment to an existing contract, the existing contract number should be referenced on the contract approval/routing form. The top portion of the approval/routing form must be completed by the division and the division approval indicated in the appropriate block.
      3. The agreement will be reviewed by the Assistant Vice President, Grants, Contracts, and Student Accounts. Agreements that do not conform to College and TBR requirements will be returned for revision or amended, as appropriate.
      4. After final review and approval of each agreement, the Assistant Vice President, Grants, Contracts, and Student Accounts will forward the agreement to the Executive Vice President of Business and Finance for review. If approved, the agreement will be sent to the President's Office for signature. All contracts must be signed by the President or his designee.
      5. The President's Office will return the signed contract to the Assistant Vice President, Grants, Contracts, and Student Accounts, who will return it to the contract coordinator. The latter is responsible for obtaining the original signature of the contractor on all copies (contract and amendments or addenda), assuring that contractors receive a signed original (the contractor may retain an original upon signing), and assuring the remaining signed originals are returned to the Assistant Vice President, Grants, Contracts, and Student Accounts for numbering. All signatures must be original on the copy filed in the College's permanent contract file.
      6. The Assistant Vice President, Grants, Contracts, and Student Accounts will place one numbered contract in the College's permanent contract file and return the other(s) to the contract coordinator. It is recommended that the Division keep a copy.
  4. Timing
    1. This will require good management and prior planning. Most managers should know from experience what their contract needs are and should be able to plan well ahead. Contracts should be executed prior to the desired effective date. In the unlikely event that a contract is not developed until after the contractual period, the division will be required to submit in writing to the Assistant Vice President, Grants, Contracts, and Student Accounts, the reason for the delay. While "rush jobs" may sometimes be necessary, they should be kept to a minimum.
      1. Contracts which are standard TBR models should reach the Assistant Vice President, Grants, Contracts, and Student Accounts at least ten (10) working days before the desired effective date in order to allow time for processing or for any last minute modifications.
      2. For non-standard agreements, an additional ten (10) working days should be allowed, as a minimum.
      3. Non-compliant agreements may require several months because these may require approval, and or negotiation, by the division, the Assistant Vice President, Grants, Contracts, and Student Accounts and TBR General Counsel. Therefore, if the division is planning on offering a course dependent upon a particular product, those agreements should be submitted six months prior to the beginning date of the course.
      4. Contracts requiring TBR approval usually require an additional one to three months.
      5. Contracts requiring presentation to and approval by the Tennessee Legislature's fiscal review committee require an additional 60 days.
  5. Download Contract Approval/Routing form:
    1. To download a Contract Approval/Routing form, log onto Chattanooga State's website TigerWeb and click on tab titled "My Work". The Contract Approval/Routing form is located under "My Work - Forms Channel" section. Click on "CSCC Routing Form" to download.
  6. It is recognized that development of contracts, in some instances, tends to become a lengthy, tedious procedure. There are instances in which the College and contractor cannot come to agreement, and, therefore, cannot execute the contract. However, the general result of these procedures will be to make things easier for all concerned while still assuring that all TBR and College requirements are met.

Approved: Executive Staff, 05/20/09
Approved: President's Cabinet, 05/20/09
Approved: President, 05/20/09
Revised: Business and Finance, January 28, 2009