If a purchase need/order/requisition aggregates or will aggregate to $100,000 or more in any given fiscal year, University policy mandates that the contract related to such transaction MUST be reviewed by the Office of General Counsel prior to execution. The Office of General Counsel is available to review any contracts associated with transactions of lesser value, and review is strongly recommended when such contracts are for an extended duration, contain provisions that seek to impose potential liability on the University or significantly limit the vendor’s potential liability, relate to potentially sensitive subjects, are potentially high risk, or contain especially unusual terms and conditions.
Not everyone can sign a contract. An individual does not have authority to initiate or to enter into a contract or transaction, and should not represent that he or she has authority unless such authority is specifically provided for in the Q.1 Authority for Negotiation and Approval of Contracts. If authority is not clear, the Office of General Counsel should be consulted. Illinois Tech shall have no obligation to honor contracts or transactions entered into that are not in compliance with this policy. Anyone who acts in violation of this policy is subject to discipline in accordance with applicable procedures.
There are a number of ways for Illinois Tech to contract with vendors depending on the nature of the goods/services purchased and the contracting vehicle utilized.
ILLINOIS TECH PURCHASE ORDER TERMS AND CONDITIONS
If the purchase of goods/products are of a standard nature, for example, off the shelf products that are not custom designed/built, then the purchase should be made using Illinois Tech's Purchase Order Terms and Conditions, which are included with every PO that we issue. This is another reason why departments are encouraged to go through the requisition/PO process before engaging the vendor so that the department and the University are legally protected by our terms and conditions.
ILLINOIS TECH STANDARD AGREEMENTS
For the purchase of services including construction, research, and professional services/consultants, Illinois Tech's standard construction, research, or consulting services agreement should be used. To be clear, the purchasing party should inform the vendor that the University has a form of agreement for the transaction and this form should be sent to the vendor as early in the process as practicable. If a University template is used and no changes are made to the contract, other than the inclusion of the business terms, then the Office of General Counsel does not need to review the agreement again as it has already authorized and approved the template. If a vendor requests changes to the template unrelated to business terms, then those requested changes require prior approval by the Office General Counsel.
For a list of Illinois Tech most frequently used standard contract templates, please see the table below.
NON-STANDARD OR VENDOR CONTRACT TERMS AND CONDITIONS
If the purchase of goods/products or services is made using non-university standard or vendor provided contract terms and conditions, the contract MUST be reviewed and approved by Illinois Tech's General Council, before the department can engage the vendor to provide the needed goods or services.
Please Note: If you are engaging consultants or professional services on sponsored research/grants related funds, please contact Office of Sponsored Research and Programs (OSRP) and they will assist you with the contracting process.
ILLINOIS TECH STANDARD CONTRACT TEMPLATES
|Name of Contract Template||When to Use|
|Bus Rider||For use when requisitioning any transportation services, such as charter buses, regardless of dollar amount.|
|Catering Rider||For use when requisitioning catering services, regardless of dollar amount.|
|Rider to Contract for Hire Services||For use when hiring from a Temporary Agency, regardless of dollar amount.|
|Agreement for Consulting Services (Non-Sponsored Research Related)||For use when retaining a third party to render services to Illinois Tech and the services to be rendered do not relate to a project funded pursuant to a sponsored award or grant. Requires issuance of a purchase order number from Illinois Tech Purchasing prior to execution. Can only be signed by Deans or above, or the Director of Procurement Services. A contract needs to be in place for professional/consulting services regardless of dollar amount.|
|Agreement for Consulting Services (Sponsored Research Related)||For use when retaining a third party to render services to Illinois Tech and the services to be rendered will be funded pursuant to a sponsored award or grant. Must be processed through and issued by the Office of Sponsored Research and Programs (OSRP). Contact OSRP for assistance.|