Contracts

Policy No: 
5.4
Type of Policy: 
Administrative
Last Revised: 
September 2007
Review Date: 
September 2016
Contact Name: 
Ajay Patel
Contact Title: 
Director of Purchasing
Contact Email: 
ajay.patel@business.gatech.edu
Policy Statement: 

All contracts entered into in the name of the Georgia Institute of Technology are subject to the Policies and Procedures of the State Board of Regents. In addition, many of the University's contracts are subject to State purchasing regulations and to the statutory constraints on contracts entered into by State agencies.

Policy Terms: 

contract
any document that creates an obligation, right, or liability for the Georgia Institute of Technology.

Procedures: 

General Guidelines
Very few people within the Georgia Tech community are authorized to sign contracts on behalf of the University. These people include the President; the Vice President for Finance & Administration; the Vice President for Research; Purchasing Agents; and certain staff of the Office of Contract Administration.
No member of the Institute, faculty or staff may sign a contract without specific written authorization from the President. 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. DPO's are delegated to departments.
The procedures set forth in this policy are designed to ensure contracts are entered into in a proper fashion, including signature by proper parties. The following is a list of the major contract types and the initiation, review, approval and signature procedures for each. All references to legal review of contracts are to the Legal Division of Georgia Institute of Technology.
Any questions concerning University contracts should be addressed either to the Purchasing Department (administrative or State-funded contracts) or to the Office of Contract Administration (sponsored contracts or intellectual property).
Note: For payment of Contracts reference "subcontract processing"

Index: choose the contract you wish to view
Purchase of Land
Rental & Sub-rental Agreements for Lease of Space for Use by GIT
Agreement for Lease of GIT Space to a Third Party

  1. Office, laboratory space
  2. ATDC space
  3. Parking areas
  4. Theater for the Arts
  5. Bobby Dodd Stadium/Grant Field/Luck Bldg./Edge Bldg
  6. Rental of rooms in residence halls
  7. Rental of GIT-owned apartments
  8. Rental of Student Success Center

Use of GIT Facilities & Equipment on Cost-Reimbursement Basis
Lease Agreements for Rental of BOR-owned Houses On/Off Campus
Architectural Services & Construction Contracts

  1. Construction contract, architectural services, change orders, etc., up to $1M
  2. Construction contracts in excess of $1M

Donation Agreements

  1. Agreement for donation of stocks, bonds, land, etc. to GIT
  2. Agreement for donation/loan of equipment to GIT

Personnel Agreements

  1. Faculty employment contract
  2. Individual consulting agreement to provide services to GIT (i.e., interior designer, software developer, Continuing Education instructor, etc.)

Financial Agreements

  1. Scholarship award documents
  2. Loan agreement between student and GIT
  3. Work-study agreement with external agency/company
  4. Agreement with Dept of Education to participate in Title IV Fin. Assist. Program
  5. Agreement with a collection agency to handle delinquent loans
  6. Agreement with a bank for handling wire transfers

Settlement of Claims
Agreements with Cooperative, Affiliated, & Allied Corporations

  1. Agreements with cooperative organizations
  2. Agreements with allied or associated parties
  3. Agreements with outside entities for membership in GIT Center

Agreements to Purchase Goods & Services

  1. Purchase of existing software requiring a signed license
  2. Purchase of software and/or major systems under an agreement for development
  3. Purchase of furniture and equipment for new building under agreement with GSFIC
  4. Agreements for procurement of all goods and services using auxiliary funds
  5. Agreements for procurement of all other goods and services
  6. Delegated Authority

Agreements involving auxiliary funds under which money will be paid to GIT
Research Agreements, Licenses to GTRC/GIT Intellectual Property and Copyright Forms Required for Publishing Papers

  1. Contracts executed by GTRC with a sponsoring agency or company for the performance of sponsored research, industrial testing, analysis work or other sponsored activities and all amendments and/or modifications to same
  2. Basic ordering agreement with a sponsor to be incorporated by reference in individual task or delivery orders issued by the sponsor
  3. Teaming assignment
  4. Non-disclosure agreement
  5. Subcontracts under sponsored research agreements
  6. Contracts executed by GTRC with GIT to subcontract the performance of sponsored activities to GIT
  7. License agreements in which GTRC/GIT Intellectual Property is licensed to a third party, including software, inventions, trade secrets, etc.
  8. Copyright assignment forms required for publication of a paper in a journal, conference proceedings, etc.
  9. Membership by GIT/GTRC in a consortium
  10. Memorandums of understanding and/or letters of intent

Contract for Purchase of Land
Initiated by:Associate Vice President for Facilities
GIT Review/Approval by:Legal Division of the Office of Contract Administration (hereafter, Legal);
Associate Vice President for Finance & Administration (hereafter, Finance and Administration)
Final Approval:Board of Regents (hereafter, BOR)
Signature by:BOR

 

Rental & Sub-rental Agreements for Lease of Space for Use by GIT
Initiated by:Unit
GIT Review/Approval by:Legal; Planning &: Budget
Final Approval:BOR
Signature:BOR
Examples:GTRI Field Offices; warehouse space; space for Continuing Education courses, etc.

 

Agreement for Lease of GIT Space to a Third Party

1. Office, laboratory space
Initiated by:Unit where space is located
GIT Review/Approval by:President; Legal; Planning & Budget
Final Approval:Review/Planning & Budget; final approval by President
Signature by:Senior Vice President

 

2. ATDC space
Initiated by:ATDC
GIT Review/Approval by:Legal
Final Approval:Legal
Signature by:Senior Vice President

 

3. Parking areas
Initiated by:Parking Office
GIT Review/Approval by:Legal; Facilities
Final Approval:Facilities
Signature by:Senior Vice President; Finance & Administration

 

4. Theater for the Arts
Initiated by:Director, Theater for the Arts
GIT Review/Approval by:Legal; Director, Auxiliary Enterprises; Risk Mgt.
Final Approval:Associate Vice President, Auxiliary Enterprises
Signature by:Associate Vice President, Auxiliary Enterprises (on specific delegation from President)

 

5. Bobby Dodd Stadium/Grant Field/Luck Bldg./Edge Bldg.
Initiated by:Athletic Association
GIT Review/Approval by:Legal (for approval/changes to original agreement); Facilities
Final Approval:Athletic Association
Signature by:Athletic Director

 

6. Rental of rooms in residence halls
Initiated by: Housing
GIT Review/Approval by:Legal (for approval/changes to original agreement)
Final Approval: Associate Vice President, Auxiliary Enterprises
Signature by: Director, Housing

7. Rental of GIT-owned apartments
Initiated by:Housing
GIT Review/Approval by:Legal(for approval/changes to original agreement)
Final Approval:Associate Vice President, Auxiliary Enterprises
Signature by:Associate Vice President, Auxiliary Enterprises (on specific delegation from President)

 

8. Rental of Student Success Center
Initiated by:Director, Student Success Center
GIT Review/Approval by:Legal(for approval/changes to standard agreement)
Final Approval:Associate Vice President, Enrollment Services
Signature by:Associate Vice President, Enrollment Services (on specific delegation from President)

 

Contract for Use of GIT Facilities & Equipment on Cost-Reimbursement Basis

Initiated by:Unit where equipment/facilities are located
GIT Review/Approval by:Legal; Facilities; Finance & Administration
Final Approval:Facilities
Signature by:OCA; Finance & Administration

Lease Agreements for Rental of BOR-owned Houses On/Off Campus

Initiated by:Planning & Budget
GIT Review/Approval by:Legal(for approval/changes to original agreement); Office of Planning & Budget; BOR
Final Approval:BOR
Signature by:BOR

Architectural Services & Construction Contracts

1. Construction contract, architectural services, change orders, etc., with a limit of $1M per contractual obligation
Initiated by:Facilities
GIT Review/Approval by:Legal(for approval/changes to original agreement)
Final Approval:Associate Vice President, Facilities
Signature by:Associate Vice President, Facilities

2. Construction contracts in excess of $1M
Initiated by:Facilities
GIT Review/Approval by:Legal
Final Approval:BOR
Signature by:BOR

Donation Agreements

1. Agreement for donation of stocks, bonds, land, etc. to GIT
Initiated by:Development
GIT Review/Approval by:Legal; Development
Final Approval:Senior Vice President, Finance & Administration
Signature by:Vice President, Development

2. Agreement for donation/loan of equipment to GIT
Initiated by:Development or Unit Desiring Donation
GIT Review/Approval by:Legal(if contractual commitments from GIT are sought); Unit Desiring Donation; Development
Final Approval:Development
Signature by:Vice President, Development

Personnel Agreements

1. Faculty employment contract
Initiated by:Unit
GIT Review/Approval by:Provost; Human Resources
Final Approval:Human Resources
Signature by:President or specific designee

2. Individual consulting agreement to provide services to GIT (i.e., interior designer, software developer, Continuing Education instructor, etc.)
Initiated by:Unit desiring services
GIT Review/Approval by:Legal; Purchasing/OCA
Final Approval:Purchasing for agreements paid for out of state-appropriated money; OCA for those paid for with sponsored research money
Signature by:Purchasing or OCA (as stipulated above)

Financial Agreements

1. Scholarship award documents
Initiated by:Financial Aid Office
GIT Review/Approval by:Legal (for approval/changes to original agreement)
Final Approval:Financial Aid
Signature by:Financial Aid

2. Loan agreement between student and GIT
Initiated by:Financial Aid Office
GIT Review/Approval by:Legal (for approval/changes to original agreement); Office of Finance and Administration; Office of Student Services
Final Approval:Finance & Administration
Signature by:Finance & Administration

3. Work-study agreement with external agency/company
Initiated by:Financial Aid Office
GIT Review/Approval by:Legal(for approval/changes to original agreement); Office of Finance and Administration; Office of Student Services; OCA
Final Approval:Finance & Administration
Signature by:OCA

4. Agreement with Department of Education to participate in Title IV Financial Assistance Program
Initiated by:Financial Aid Office
GIT Review/Approval by:Legal; Finance & Administration; Office of Student Services; OCA
Final Approval:Financial Aid
Signature by:Associate Vice President, Enrollment Services

5. Agreement with a collection agency to handle delinquent loans
Initiated by:Finance & Administration
GIT Review/Approval by:Legal
Signature by:Finance & Administration

6. Agreement with a bank for handling wire transfers
Initiated by:Finance & Administration
GIT Review/Approval by:Legal
Final Approval:Finance & Administration
Signature by:Finance & Administration

Settlement of Claims

Agreement to settle claims (personal injury, hazardous waste, discrimination, etc.) other than lawsuits
Initiated by:Legal; Risk Management Office
GIT Review/Approval by:Legal; Risk Management
Final Approval:BOR for claims over $2,500
Signature by:Legal; Finance & Administration

Agreements with Cooperative, Affiliated, & Allied Corporations

1. Agreements with cooperative organizations
Initiated by:Finance & Administration
GIT Review/Approval by:Legal; Finance & Administration
Final Approval:Senior Vice President
Signature by:Senior Vice President
Examples:
  • Georgia Tech Alumni Association
  • Georgia Tech Foundation Facilities, Inc.
  • Georgia Tech Foundation, Inc.
  • Georgia Tech Research Corporation

2. Agreements with allied or associated parties
Initiated by:Unit
GIT Review/Approval by:Legal; Finance & Administration
Final Approval:President's designee
Signature by:President's designee
Examples:
  • Association for Media-Based Continuing Education for Engineers, Inc. (AMCEE)
  • Center for Rehabilitation Technology, Inc.
  • Georgia Scientific & Technical Research Foundation, Inc.
  • Georgia Tech Faculty Club, Inc.
  • Greater Atlanta Georgia Tech Club, Inc
  • Institute of Paper Science & Technology
  • National Consortium for Educational Access (NCEA)
  • Southeastern Consortium for Minorities in Engineering, Inc. (SECME)

3. Agreements with outside entities for membership in GIT Center
Initiated by:Unit desiring center
GIT Review/Approval by:Legal (for approval/changes to original agreement); OCA
Final Approval:GTRC
Signature by:OCA

Agreements to Purchase Goods & Services

1. Purchase of existing software requiring a signed license
Initiated by:Unit desiring software
GIT Review/Approval by:Legal; Purchasing
Final Approval:Legal
Signature by:Purchasing

2. Purchase of software and/or major systems under an agreement for development
Initiated by:Unit desiring software
GIT Review/Approval by:Legal; Office of Information Technology; Purchasing
Final Approval:Finance & Administration; Georgia Department of Administrative Services, as appropriate
Signature by:Purchasing

3. Purchase of furniture and equipment for new building under agreement with GSFIC
Initiated by:Facilities
GIT Review/Approval by:Facilities; Purchasing; Legal (as necessary)
Final Approval:Purchasing
Signature by:Purchasing

4. Agreements for procurement of all goods and services using auxiliary funds
Initiated by:Unit desiring goods or services
GIT Review/Approval by:Legal; Director, Auxiliary Enterprises; Purchasing
Final Approval:Purchasing
Signature by:Purchasing

5. Agreements for procurement of all other goods and services, whether by contract or purchase order
Initiated by:Unit desiring goods or services
GIT Review/Approval by:Legal (for non GIT standard contract or non standard language); Purchasing
Final Approval:Purchasing
Signature by:Purchasing

6. Delegated Authority

Auxiliary Enterprises

Agreements involving auxiliary funds under which money will be paid to GIT
Initiated by:Auxiliary Enterprises
GIT Review/Approval by:Legal; Auxiliary Enterprises
Final Approval:Purchasing
Signature by:Purchasing

Research Agreements, Licenses to GTRC/GIT Intellectual Property & Copyright Forms Required for Publishing Papers

1. Contracts executed by GTRC with a sponsoring agency or company for the performance of sponsored research, industrial testing, analysis work or other sponsored activities and all amendments and/or modifications to same
Initiated by:Faculty Member/GTRC
GIT Review/Approval by:GTRC/Legal (as to contract documents)
Final Approval:GTRC
Signature by:GTRC

2. Basic ordering agreement with a sponsor to be incorporated by reference in individual task or delivery orders issued by the sponsor
Initiated by:Faculty Member
GIT Review/Approval by:GTRC
Final Approval:GTRC
Signature by:GTRC

3. Teaming assignment
Initiated by:Faculty Member
GIT Review/Approval by:GTRC
Final Approval:GTRC
Signature by:GTRC

4. Non-disclosure agreement
Initiated by:Faculty Member
GIT Review/Approval by:Legal
Final Approval:Legal
Signature by:Legal

5. Subcontracts under sponsored research agreements
Initiated by:Faculty Member
GIT Review/Approval by:GTRC
Final Approval:GTRC
Signature by:GTRC

6. Contracts executed by GTRC with GIT to subcontract the performance of sponsored activities to GIT
Initiated by:GTRC
GIT Review/Approval by:GTRC
Final Approval:GTRC
Signature by:GTRC

7. License agreements in which GTRC/GIT Intellectual Property is licensed to a third party, including software, inventions, trade secrets, etc.
Initiated by:Faculty Member
GIT Review/Approval by:Legal; Office of Technology Licensing
Final Approval:Office of Technology Licensing
Signature by:Office of Technology Licensing

8. Copyright assignment forms required by publishers for publication of a paper in a journal, conference proceedings, etc.
Initiated by:Faculty Member
GIT Review/Approval by:Legal
Final Approval:Dean/Director; OIP/Director, GTRI
Signature by:Legal

9. Membership by GIT/GTRC in a consortium
Initiated by:Faculty Member
GIT Review/Approval by:Legal
Final Approval:Dean/Director, GTRI
Signature by:OCA/GTRC

10. Memorandums of understanding and/or letters of intent
Initiated by:Faculty Member
GIT Review/Approval by:Legal
Final Approval:Dean/Director, OIP Director, GTRI
Signature by:Vice Provost, Research
Responsibilities: 

Each Georgia Tech unit requesting a contract shall designate a responsible person to monitor vendor performance and subsequent evaluation of their contract(s). Central Purchasing will provide assistance to units for vendor evaluations when applicable.

Map of Georgia Tech

Compliance and Policy Management
760 Spring Street N.W. Suite 324
Phone: 404-385-0731