The purpose of this Checklist is to help you review and determine whether or not to submit the University contract to the Office of General Counsel (OGC) for review. Prior to submitting a University contract for review, go through this checklist and address applicable issues as listed below. The use of this checklist should assist you in identifying and addressing general legal issues and problems that routinely arise in contracts.
If you are not sure how to answer a checklist question for a particular contract or you have a concern about a contract that this checklist does not address, please contact the Office of General Counsel for assistance. Please be aware that all contracts are subject to OGC review.
When Should a University Contract be Sent to the Office of General Counsel for Review?
- Contract is prepared on a vendor form, and not on a University Approved Form such as the Contract for Services or Local Engagement Agreement form.
- University’s Approved Form (or Department Template) has been revised, modified, or altered in any way. (Including the addition of documents that include additional legal terms & conditions in the Scope of Work)
- Total amount of contract is above department’s signature authority, even on a University Approved Form or Department Template.
- Cumulative total (expense or revenue) of contract is indeterminate.
- If you need a contract drafted or have a question or concern.
When does a University Contract Not Require Office of General Counsel Review?
- When the contract is prepared on a University Approved Form.
- No changes have been made or documents added to the approved form.
- It is within the department’s signing authority.
- Authorized Unit exemptions: if your unit has a specific exemption from routing your contract for review.
List of University Approved Forms:
- Contract for Services. (consultants, contractors, etc. work is being done on campus)
- Local Engagement Agreement. (used for speakers, artists, and performers or anyone who is performing and it is being advertised)
- Department Templates forms created specifically for your Department by OGC.
What Documents Do I need to Submit a Contract for Review?
Other Required Approvals from other Departments/Units. If applicable such as:
- Are you working with a foreign vendor that involves equipment being ITAR-controlled, or where there are non-standard export control provisions or export control implications? Contact Institutional Compliance
- Does the agreement involve student international travel or faculty taking students abroad? Contact International Learning Opportunities
- Does the agreement involve partnerships with foreign universities or countries or admission of foreign students? Contact International Learning Opportunities
- Does the contract involve a lease or a rental of a storage unit? Contact Real Estate Services
- Does contract involve the use of Boise State logo, filming, advertising Boise State? Contact Trademark and Licensing
- Does contract involve any element of sponsorship, endorsement or case study by or of Boise State, the contracting party or a third party? Contact University Sponsorships
- Does the contract involve a foreign hotels or travel abroad? Contract Tax Reporting
- Does contract involve a foreign vendor, speaker, performer, or service provider? Contact Tax Reporting
- Has the Independent Contractor Status been verified by Accounts Payable? Contact Accounts Payable
- Is the vendor requesting a waiver of insurance? Contact Risk Management
- Does the contract require insurance coverage? Contact Risk Management
- Is the contract for $10,000 or more? Verify the contract is not subject to bidding? Contact Purchasing
- Does your agreement involve a software purchase or license? Contact OIT or email: email@example.com
- Or any other units that maybe applicable.
Contract Routing Form
The contract submission must be approved by a Dean, Associate Dean, Director, Assistant Director, Associate Director, Business Manager, Manager, Associate Manager, Assistant Manager, Senior Manager, VP, or Associate VP. Keep in mind that having authority to approve the submission of the Contract Routing Form does not necessarily mean you can sign the contract. Only those with VPFA-delegated signature authority may sign a contract.
In addition to the contract include any reference such as terms or conditions. Submit the following:
- Provide two original copies of the contract through campus mail and/or
- Scan in color and submit the contract online. The contract must be signed by the vendor in blue ink.
- Include a Microsoft Word version of the contract, if available.
- Include all attachments or other referenced documents.
- Include a copy of the original contract for any renewals or amendments, and all prior renewals and amendments.
Include information that you feel would be relevant for review; concerns, summary of services to be provided, questions about the agreement, etc.
How Do I Submit a Contract for Review?
Please submit the contract for review through the Online Contract Routing Form.