CONTRACTS
Any time the University is committed to an action or payment for services or goods, or the University commits to the acceptance of an action by a vendor, or agrees to a specific dollar amount for services or goods, some form of written agreement or contract is required.
For our purposes, there is no significant difference between a contract and an agreement, although "agreement" is a broader term, and quite often agreements lack the essential elements of a contract.
Any form of contractual agreement should be signed before the fact. Advance time should be allowed for either preparation or revision of a contract prior to the anticipated commencement date.
All contracts/agreements that require a signature should only be signed by an authorized contract officer or their designee. An unauthorized signer could be held personally liable. When submitting a contract to be signed by the authorized contract officer in the Business Affairs Office, you must attach Contract Intake Sheet (Instructions) to the front of the contract.
A Certificate of Insurance may also be required during the contract process.
The formal bid process is mandatory for:
- Purchase of goods, supplies, or services (excluding personal/professional services) wherein the life value of the contract exceeds $50,000;
- The acquisition of personal/professional services, wherein the life value of the contract exceeds $25,000.
Restrictions
- Contracts that require Business Affairs Office (BAO) approval:
- Contracts over $5,000
- Facilities Rentals/Leases
- Equipment Rentals/Leases
- Contracts that require Department of Justice approval:
- Governmental contracts outside of Oregon
- Over $75,000
- Special approval through the Business Office Contracts Manager required:
- Attorney services
- Audit services
- Financial and bond counsel services
- Agreements with Native American Tribes
- Foreign national personal/professional services contracts cannot be directly charged to UO Foundation funds, so funds will need to be transfered from the foundation to a gift index.
PERSONAL/PROFESSIONAL SERVICES CONTRACTS & TEMPORARY PAYROLL
Most contracts of this type are for lectures, workshop coordinators, photography services. If guest lecturer is a member of the Public Employees Retirement System (PERS), has worked, or will work for the University within the same calendar year, they must be paid through the UO payroll system as temporary/secondary employees.
State System Conditions and Requirements
State law expressly forbids retroactive contracts for personal services and indicates that persons who authorize a retroactive contract may be personally liable to repay the monies thus expended and may possibly be subject to other civil penalties.
To comply with the above, all contracts and employment (payroll) paperwork must be signed by Department Head, Lecturer, and Contracting Officer (UO Business Office) as required before work is begun.
Steps for Personal/Professional Services Contract
- Fill out Temp Employee/PSC worksheet with A&AA Fiscal Services staff at least 30 days prior to service including funding approvals. If 1) contractor is a non-resident alien or foreign entity; 2) contract is over $5,000; or 3) contractor will be paid on an interim payment schedule (multiple payments on contract), Attachment A is required.
- A&AA Fiscal Services Office prepares PSC, obtains additional approvals as needed, and mails PSC to contractor with self-addressed, stamped, return envelope.
- When PSC is returned by contractor, it will be forwarded to the UO Business Affairs Office for pre-approval if contract is over $5,000, is an international contractor, or interim payments are being scheduled.
- When PSC requires approval by the UO Business Affairs Office, the A&AA Fiscal Services Office will notify coordinator that services can begin.
- Upon completion of service, the faculty member in charge must inform A&AA Fiscal Services Office staff to process payment.
- In some circumstances, the contractor may be required to maintain and provide proof of certain types of insurance, as applicable, such as for exhibit installations, etc.
Steps for Temporary Payroll
- Fill out Temp Employee/PSC worksheet with A&AA Fiscal Services staff at least 30 days prior to service including funding approvals. A&AA staff will determine type of payment required based on the information received.
- A&AA Fiscal Services will coordinate necessary payroll paperwork.
- Upon approval, project coordinator will be notified that services can begin.
- To coordinate payment, project coordinator can obtain a Temporary timesheet from A&AA Fiscal Services to be completed by temporary employee and signed by project coordinator.
- Timesheet should be turned in immediately following completion of services. Upon receipt of timesheet, A&AA Fiscal Services staff will process pay during regular pay cycle.
PURCHASING
The UO purchasing rules, regulations, and procedures govern, but are not limited to, the procurement of travel/lodging, conference registration, trade services, equipment and materials. Purchase Orders (POs) are used by the UO to facilitate communication with vendors, to provide helpful accounting tracking information, and to help meet Oregon Administrative Rules (OAR) record keeping requirements. A PO with the attached "terms and conditions" is considered a legal document.
To purchase supplies or services, authorization from the administrator of the source of funding is required in advance. Any purchases or reimbursements with University funds becomes the property of the University of Oregon.
A Certificate of Insurance is required if a non-UO employee comes on campus to provide a service. Before a vendor comes on campus, please obtain a Certificate of Insurance.
PURCHASING PROCESS
Purchase orders
- All purchases over $5,000 require competitive bidding and the use of a purchase order
- Purchases over $100 are strongly advised to use a purchase order to benefit from the University terms and conditions and the commitment of funds.
Obtaining a purchase order
- Fill out the purchase order request form.
- Obtain Department Head/Grant Administrator's signature for approval
- Submit the completed form to A&AA Fiscal Services Office (accounting technician)
- The Fiscal Services accounting technician will complete a purchase order and send to vendor as directed
Contracted Office Supply Orders with Office Max
The University has a contract for some office supplies at a discounted price with Office Max, Corporate Express, and Staples. A&AA Fiscal Services has an account with Office Max; for ordering from Staples or Corporate Express, please contact the A&AA Fiscal Services Office. To order from Office Max:
- Fill out Office Supply Order Form
- Turn in signed form to Accounting Technician
- Orders placed by 3:00 p.m. are usually received the next business day
DIRECT PAYMENTS
Procurement card is available for the purchase of supplies and equipment under $5,000, airfare, conference registration, and deposits for future purchases. Use the purchase order request form to initiate a purchase with the procurement card. Services cannot be purchased with the procurement card.
Direct payment by check (i.e. registration form, subscriptions, and invoices) use the invoice direct payment approval form. Direct payments require an itemized invoice and cannot be made from vendor statements or packing slips.
Wire transfers are generally used for international payments and require specific information. See wire transfer requirements. Please remember to include the wire transfer fee in figuring your costs.
Non Per Diem Reimbursements require itemized, original receipts that show proof of payment. If the itemized receipt does not include proof of payment, please provide documentation of payment. (i.e. credit card slip, canceled check, or bank/credit card statement) Use Miscellaneous Reimbursement Request Form. It is advised to obtain permission for purchase prior to spending personal funds.
Non-reimbursable
- Gifts over $25
- University contracted services (i.e. on campus catering, or Eugene area photo copies)
- Personal/Professional Services (Personal/Professional Services Contracts must be used for services from independent contractors)
- Bottle Deposits
- Alcohol on state funds
- Gratuity greater than 15% of meal (unless restaurant requires a specified amount for groups)
- Non-transferable warrantied items (i.e. electronic equipment)
Request to Serve Refreshments form must be completed if food is served at any University meeting, conference or event. It is also required for hosting guests. The form is submitted when turning in a reimbursement request or submitting an invoice for payment when food is involved to be paid for out of state funds.
MEMBERSHIPS
Individual Membership Restrictions
- Memberships should be institutional rather than individual and should not remain with an employee after termination.
- In the case where individuals would probably belong regardless of their affiliation with the institution, dues for such memberships are to be paid by the individual.
- No payment of membership dues may be authorized for organizations which discriminate on the basis of race, religion, sex, national origin, age, or handicap.
Individual Membership Exceptions/Procedures
- Membership in an organization made up of public officials and administrators is generally institution-related and a benefit to the institution.
- Membership in an organization engaged in activities closely related to the individual's employment and made up of interested persons from government, private and commercial fields may be a benefit to the institution because of knowledge gained or publications received.
- When requesting payment for membership from state funds, documentation of the membership period and membership's benefits to the University must be included. Submit this information to A&AA accounting technician upon request for purchase order, direct payment, or reimbursement.
Please see examples if you have questions about the difference.