Business and Finance (Includes Physical Plant)

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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 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 policies 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.
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. The 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 submits the proposed agreement with the completed CHSCC CONTRACT APPROVAL AND ROUTING FORM via email to the Contracts Office at contracts@chattanoogastate.edu for review. If the agreement is an addendum or amendment to an existing contract, the existing contract number should be referenced on the CHSCC CONTRACT APPROVAL AND ROUTING FORM .
      3. The agreement will be reviewed by the Contract Officer. 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 agreement will be routed electronically 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/her designee.
      5. The contract will be routed electronically to obtain remaining signatures including contractor signatures. All signatures must adhere to TBR policies and guidelines for written and electronic signatures.
      6. The Contracts Office will maintain the numbered, executed contract in the College’s contract file. It is recommended that the division keep a numbered, executed copy of the contract on file.
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 Contract Officer, 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 be submitted to the Contracts Office 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 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.
      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 CHSCC CONTRACT APPROVAL AND ROUTING FORM
   1. To download a CHSCC Contract Approval and Routing Form, log onto TigerWeb, Chattanooga State’s campus portal, and click on the”Faculty/Staff” tab. The fillable CHSCC CONTRACT APPROVAL AND ROUTING FORM is located in “Forms” in the “Grants and Contracts” section. Click on “CHSCC CONTRACT APPROVAL AND 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.

Submitted to Policy Review Committee on June 4, 2021

Submitted to Policy Review Board on July 8, 2021

Approved by Policy Review Board on July 28, 2021

Submitted to Policy Review Committee on June 14, 2019

Submitted to Policy Review Board on July 22, 2019

Approved by Policy Review Board on July 31, 2019

See Previous Version(s):

Source: Revision submitted to the Policy Review Board on November 10, 2017 

Revision approved by the Policy Review Board on November 29, 2017 

Source: Revision approved by Business and Finance on January 28, 2009 

Revision approved by Executive Staff, President’s Cabinet, and President on May 20, 2009