All contracts, agreements, memorandum of understanding and similar documents legally binding Delta State University are subject to the review and approval procedures found in this policy and are subject to the Anti-Kickback Act of 1986.
Contracting with External Parties: A contract outlines specific goals and requirements for goods and/or services to be provided by or to the external party. Payment to external party contracts is made via a university purchase requisition.
Contracting with Individuals: An individual may only be retained for professional services as an independent contractor (or consultant) if a determination is made that an employer-employee relationship does not exist. The determination of an individual’s status as an employee or independent contractor must be made prior to an engagement to perform personal or professional services. Please contact the Finance and Administration Comptroller for assistance. Payment to independent contractors is made on the Additional Compensation/Consultant form available in the Comptroller’s office. Consultant payments should not be made on a university requisition.
Contracting with DSU Employees: The university is prohibited from contracting with its employees for the provision of goods or services. In the event an employee is performing work outside the scope of the normal responsibilities on a one-time basis, they should be paid on the Additional Compensation/Consultant form available in the Comptroller’s office. Payments to employees should not be made on a university requisition.
|PROCEDURES and RESPONSIBILITIES|
Authority to Execute
The President is designated as the authorizing official for the University to apply for and receive grants and contracts, and to execute any documents relating to or on behalf of the University. The President has delegated this authority to the Vice President for Finance & Administration. Anyone who signs a contract without authorization is subject to disciplinary action, up to and including termination, and may be legally and financially liable for representations made in the contract.
Review and Approval Process
All contracts or agreements should be directed to the Vice President for Finance & Administration’s office for approval and signature. This review is designed to provide reasonable assurance that all contracts and agreements have been reviewed for: availability of funds, risk, compliance, form and legal sufficiency. Until the contract or agreement has been reviewed and signed by either the Vice President for Finance & Administration or the President, the document shall not be considered legally binding. All contracts executed are held in the university’s master contract file located in the Procurement Office. The Office of Finance & Administration is also responsible to ensure contracts requiring IHL Board approval are submitted to the Board prior to final execution.
Contracts with external parties and individuals should have the university’s contract addendum attached unless this requirement has been waived by the Vice President for Finance & Administration. The contract addendum is available at the Office of Finance & Administration’s Procurement website or by calling the office.
Payment Approval Process
The contractor is responsible for initiating invoices as per the terms of the contract. Delta State University requires original invoices signed by the contractor. Invoices should be submitted to the contracted department whereby a payment request will be initiated. An approved budget authority must approve the payment request before payment will be issued. This approval indicates that any services or deliverables required for the invoice period have been rendered.
Types of Contracts Subject To Review
- Outsourcing Contracts – those contracts entered into with a vendor(s) to provide a service(s). (e.g., food services, bookstore, technology)
- Collections Contracts – those contracts entered into with a vendor(s) to collect fees for goods and services on behalf of the university.
- Consulting Contracts – those contracts entered into with a vendor(s) to provide professional services pertaining to operational/logistical needs of the university.
- Copier Contracts – those contracts entered into with copier vendors to provide technical and mechanical support, as well as supplies, for leased or owned copiers.
- Entertainment Contracts – those contracts entered into with performers or performing groups to provide entertainment to the campus and general population.
- Insurance Contracts – those contracts entered into with insurance providers to supply liability and comprehensive insurance coverage for automobiles, buildings, and events.
- Internship Contracts – those contracts entered into with external agencies or entities to allow students to participate as interns with said agency or entity.
- Maintenance Contracts – those contracts entered into with general contractors and technicians to provide diagnosis, repair, and upkeep of university equipment and machinery.
- Memorandum of Understanding/Agreement – those contracts entered into with vendors, agencies, departments, and/or individuals to provide goods and/or services that are limited in nature and scope.
- Construction Contracts – those contracts entered into with construction firms to erect and/or repair buildings and structures on the campus.
Types of Contracts Not Subject To Review
- Grants and Contracts – those contracts entered into under the requirements of an existing grant, or from services performed by DSU for an external funding source. The Office of Grants and Contracts is responsible for the review of grants and contracts.
- Employment Contracts – those contracts entered into with faculty and staff.
- Sporting Event Contracts – those contracts entered into with conference and non-conference teams, as well as the conference itself, for games played between the teams.
Responsible Office and/or Policy Owner: University Accounting
- IHL Policy 707 Contracts
- Anti-Kickback Act of 1986
04/09/2012 (Approved, President’s Cabinet)
03/21/2016 (Approved, President’s Cabinet)