Adopted by President’s Cabinet 2/21/12
Revisions Adopted by President’s Cabinet 2/28/17
Revisions Adopted by President’s Cabinet 12/28/18
Revisions Adopted by President’s Cabinet 2/23/21; 2/1/22; 8/8/22
Policy Statement and Scope
This policy and procedure outlines the college’s process for contract review, approval, maintenance and administration. The goal of this policy is to provide centralization of contract review and approval, to enhance communication among the college’s relevant departments regarding the proposed contracts and to provide financial oversight of the college’s expenditures. Construction contracts are governed by USG policy, and are not subject to this review process.
A “contract” for purposes of this policy and procedure refers to the agreement between EGSC and the vendor for the purchase or provision of goods and/or services, outlines the responsibilities of the parties, and includes any ancillary documents referred to in the agreement. The relevant document outlining the purchase or provision of goods and/or services may be known by other names and may include several documents such as: proposal, quotation, terms and conditions, memorandum of understanding, memorandum of agreement, click through agreements, non-disclosure agreements, confidentiality agreements, etc. Any document that binds the parties to the purchase or provision of goods and/or services is considered a contract.
Procurement Request, Contract Review, Negotiation and Approval
East Georgia State College utilizes the Department of Administrative Services contract bidding thresholds to define the procedure for internal contract review. Any proposed purchase for goods and services that does not exceed $4,999 in value per fiscal year may be negotiated at the department level but will be subject to East Georgia State College Purchasing Policy. Consultation with the Purchasing Department is advised on all purchases but is required on purchases exceeding the $4,999 threshold. Any proposed purchase of information technology software or hardware requires approval of the Vice President for Information Technology prior to purchase. The procedure(s) below must be followed for all purchases.
The first step for review and approval of a proposed purchase under this policy is the submission of the following document(s) to the Purchasing Department: the completed Departmental Request with supporting documentation of the proposed purchase (proposal, price estimate, etc.) and submission of a completed Office of Legal Affairs Contract Routing and Approval Form (attached), if applicable to the purchase (See “If Purchases Require Legal Review” below). The requester must collaborate with IT to conduct a data protection review to determine whether the vendor will have access to EGSC data, conduct a review of vendor’s processes for the assessment and analysis of risks with respect to its access to EGSC’s data, determine whether adequate controls are in place, assign a risk level after the review, and require appropriate protections such as cyberinsurance if required. The data protection review will be conducted using the EGSC/USG Cybersecurity Contract Checklist and required compliance measures for the vendor will be in accordance with the USG policy. Vendor’s compliance with data protection is required prior to initial contract execution or work commencement and prior to any subsequent renewal. The completed checklist and compliance documents will be maintained by IT and the Business Office. Upon receipt of the Department Request, the Purchasing Department will review and determine if the expenditure can be paid from the requested budget. Prior to purchase authorization, the Purchasing Department will consult with the department concerning any additional requirements, including the need for a criminal background check for vendor, and the approximate timeline for the purchase. If a criminal background check is required of a vendor the Purchasing Department will obtain vendor’s certification of same using the Vendor Mandatory Criminal Background Check Terms and Certification form (attached).
If Purchases Are Exempt From Legal Review:
After review of the proposed purchase and approval granted by the Purchasing Department, a Purchase Order (PO) will be issued by the College Purchasing Official and forwarded to the selected vendor and the department representative.
If Purchases Require Legal Review:
[All purchases requiring review by Legal Affairs must include a Department Request – No P-Card Purchases. Do not send contracts directly to Legal Affairs for review – They will be returned to the sender.]
After review and approval by the Purchasing Department and signature of the Vice President for Business Affairs, Purchasing will submit the completed, signed Office of Legal Affairs Contract Routing and Approval Form and all supporting documents to Legal Affairs for review and approval. The Office of Legal Affairs will work with the department representative and/or vendor to address and implement data protection requirements in the vendor contract, as appropriate, and finalize a contract that is acceptable to all parties. Once finalized, Legal Affairs will send a copy of the unsigned contract and the signed routing form to the Purchasing Department. The Purchasing Department will issue a Purchase Order (PO) and notify Legal Affairs that the PO is in place. Purchasing and Legal will coordinate the signature of the vendor and authorized college signer on the approved contract. After the signature is obtained, the Purchasing Department will forward the PO to the selected vendor and the department representative. The Purchasing Department is responsible to ensure that the fully executed document is received by the Office of Legal Affairs.
Performance under a contract must not begin until the contract has been approved using the above process and signed by the President or Vice President for Business Affairs, as appropriate, and all compliance documents are on file. Performance includes taking any action which could be considered as consent to the contract and includes but is not limited to such actions as: making oral commitments, starting work, ordering products, receiving products, etc.
All contracts entered into in the name of East Georgia State College are subject to the policies and procedures of the University System of Georgia Board of Regents. In addition, many of the college’s contracts are subject to State purchasing regulations and to the statutory constraints on contracts entered into by State agencies.
All contract renewals, amendments, modifications and terminations must be submitted to the Purchasing Department for review and will undergo the same contract review process as outlined above.
Signatory Authority
All contracts require the President’s signature and prior review by Legal Counsel unless otherwise noted herein. The President is authorized to sign contracts, renewals, amendments, modifications and terminations on behalf of the College. This includes Construction Contracts, Memorandum of Understandings, Consulting Agreements, Collaborative Agreements, Grant Agreements, etc., that obligate East Georgia State College. No member of the faculty or staff may sign any of the above documents without specific written authorization from the President of East Georgia State College. State law provides that persons entering into contracts without complying with all applicable State laws and regulations become personally liable for any amounts due under those contracts.
Exception for Purchase Contracts
The President has delegated signatory authority for purchase contracts to the Vice President for Business Affairs.
Contract Maintenance and Administration
After review and signature as indicated above, a copy of the fully executed contract will be sent to the department, and the original retained by the President’s Office. The Office of Legal Affairs maintains the President’s contract files and maintains a list of all contracts reviewed by the Legal Affairs. The Purchasing Department will maintain a contract log listing all contracts with commencement dates, renewal dates and termination dates, and other pertinent information. The Purchasing Department will be responsible for prompting the departments when critical dates are pending and will notify Vice President for Business Affairs of the status. For contracts under $4,999, the departments will be responsible for monitoring the relevant information and dates.
Any questions concerning College contracts should be addressed to the Vice President for Business Affairs (Ext. 2025) or Legal Counsel (ext 2165).
Contract Routing and Approval Form (PDF)
EGSC/USG Cybersecurity Contract Checklist (PDF)
Vendor Mandatory Criminal Background Check Terms & Certification (PDF)
