Jul 16, 2018  

Business and Finance (Includes Physical Plant)

 Contract Policies
04:07:00 Contract Policies

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


A. 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.


B. 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 Contract Officer. 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 Contract Officer, may request changes or 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 the amendment/addendum may need to be negotiated with the contractor. The contract coordinator will be the liaison between the College and the contractor.
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 Contract Officer, the reason for the delay. While "rush jobs" may sometimes be necessary, they should be kept to a minimum.

a. Contracts which are standard TBR models should reach theContract Officer at least ten (10) working days before the desired effective date in order to allow time for processing or for any last
minute modifications.
b. For non-standard agreements, an additional ten (10) working days should be allowed, as a minimum.
c. Non-compliant agreements may require several months because these may require approval, and or negotiation, by the division, the Contract Officer 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.
d. Contracts requiring TBR approval usually require an additional one to three months.
e. Contracts requiring presentation to and approval by the Tennessee
Legislature's fiscal review committee require an additional 60 days.

E. 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 "CHSCC CONTRACT APPROVAL/ROUTING FORM" to download.

F. 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 Fina ce, January 28, 2009