This policy establishes the authority for the University to approve and execute contracts. A “contract” is an agreement between two or more parties who intend to create legally enforceable obligations. There are many types and variations of contracts including, but not limited to: agreements, easements, grants, leases, letters of intent, licenses, memorandums of understanding, purchase orders, and terms and conditions.
This policy applies to any type of contract that binds the University and/or obligates the University to provide payment, services, goods, or use of university property, facilities or other resources, including any amendment, alteration, change, change order, correction, extension, modification, or renewal of a signed contract. No person has the authority to bind the University contractually except in accordance with this policy. An individual who signs a contract without having the authority to do so may be individually responsible for fulfilling the obligations required by the contract.
For Details, please see: MSU Policy & Procedures 2.24 President's Office, APPROVAL AND EXECUTION OF UNIVERSITY CONTRACTS Date Adopted/Most Recent Revision: 08/10/2012
Contract Timeline:
The contract process duration is dependent on a variety of factors including but not limited to the following: Information Technology Division review, Office of General Counsel review, Purchasing department review, Contract Management review, and the vendor’s timely review, response, and acceptance of our negotiated modifications. Contracts processed at the end or beginning of the fiscal year or the end of the calendar year, require additional processing time.
Below is an estimated completion time for various types of contracts. This is not an all-inclusive list and is dependent upon various factors. The completion times may be longer based upon lack of required information, the complexity of the business and contract terms and conditions, and the challenges of negotiating mutually acceptable business and legal terms. The estimates below are to review, revise, and negotiate a contract document. The completion time does not include the procurement process and special departmental processes and design/scope of work development (i.e. Operations, IT, Construction).
• One-time events (guest speakers/performers, hotels, space rentals, game contracts, etc.): 1-2 weeks
• Construction/professional (engineering/architectural) services contracts: 2-3 weeks
• General Goods and Services agreement: 2-5 weeks
• Affiliation Agreements: 2-5 weeks
• Other state/local agencies that require approval by their board prior to execution: 7-9 weeks
• Information technology hardware/software less than $100,000: 4-7 weeks
• Information technology hardware/software greater than $100,000: 7-12 weeks
• Any contract exceeding $500,000 or requiring BOR approval (exceeding ten years, vending machines, or consulting): 10-12 weeks
Departments must keep the Contract Management Office apprised of any upcoming deadlines or emergencies. The Contract Management Office cannot guarantee completion of any contract by the requested deadline, but will make all efforts to assist.
Board of Regents Approval:
In addition, if the contract requires BOR approval per the Contract Management Handbook, please prepare to present at least 8 weeks prior to the next scheduled BOR meeting.
Contracts requiring approval cannot be processed prior to the BOR meeting.
Questions:
Questions about contracts or the contracting processing or routing can be directed to the Contract Management Office by email at jennifer.hudson@msutexas.edu or 940-397-4041.
Contract Management Handbook (Revised 08/01/2022)
Form 1295 Certificate of Interested Parties (via Texas Ethics Commission)
Contract Management Training Presentation (updated 05/05/2020)
Contract Routing Sheet (02/13/2024)/Risk Assessment Matrix (12/11/2018)
Guest Speaker Agreement 04/03/16
Addendum to Vendor Agreement (06/12/2020)
MSU Purchasing Accountablity & Risk Analysis Procedure (Revised 02/15/2019)