Contracting for Services
The guidelines listed below apply to all contracts or agreements (expenditure, non-expenditure and revenue-generating) between Tennessee Tech University and any external party, with the exception of research grant contracts, which require processing by Office of Research.
All contracts/agreements, regardless of dollar amount involved, require the review / approval of the Director of Business Services or Assistant Director of Business Services, as appropriate, and the approval of the Vice President for Business and Fiscal Affairs.
Proposed contracts of $5,000 or more must be competitively bid unless adequate non-competitive procurement justification is provided.
Contracts totaling $250,000 or more in annual revenue or expenditure require the signature of the President and the Chancellor.
Prior approval of the Fiscal Review Committee is required for all non-competitive contracts of $250,000 (value of total contract term) or more and for which the term is greater than one (1) year. This process requires at least 75 calendar days lead time prior to the effective start date of the contract.
The following process should be followed for approval of University contracts
Independent Contractor vs. Employee: It is imperative that individuals performing services for the University be properly hired either as an independent contractor through a contract processed by the Purchasing Office or as an employee through Human Resources. Many factors must be considered in making a determination of employee or independent contractor. Information regarding the individual's business status, e.g. does the individual offer the same or similar services to other entities, as well as the University’s right or extent to direct and control the work of the individual – whether or not the right is exercised – must be examined in order to assure proper classification. A guide to assist with this determination is the Guide for Determining – Employee or Independent Contractor. This form should be completed each time a department is considering hiring an individual to perform services of a temporary nature. A copy of the completed form should also be attached to the paperwork used to hire the individual. If you have questions regarding the proper classification of a service provider, contact either the Purchasing Office or the Office of Human Resources, as this determination must be made before processing any documentation for payment of services.
Is the contractor a US Citizen? If the contractor is not a U. S. Citizen, the Contractor must complete a Foreign National Data Form and submit it along with other documentation as required by the form, to determine the contractor’s eligibility for payment and tax status. The draft agreement should not be completed until this form has been completed and approved by Human Resources.
Once it has been determined that a contract is needed and verification of payment type has been made (if Contractor is a non-U.S. citizen), the department shall prepare the draft agreement/contract using the applicable form agreement.
Templates for the most commonly used agreements are available below. Click on the name of the agreement to access the form agreement. (Note: The form agreement does not allow changes to be made to the contract verbiage, except in areas as noted for completion by department. Should modifications to the form agreement be required, please contact the Purchasing Office prior to preparing the draft agreement.)
- Personal, Professional and Consultant Service Agreement (Grant Funded)
- Personal, Professional and Consultant Service Agreement (Non Grant Funded)
- Dual Services Agreement
- Use of Campus Facilities Agreement
- Intellectual Property Agreement
- Non-Credit Instruction Agreement
- Clinical Affiliation Agreement
- Federal Subcontract (ARRA Funded)
- Federal Subcontracting Form (Not ARRA Funded)
- Foreign National Data Form
- Foundation Agreement
Department shall complete and attach a Contract / Agreement Routing Form to the face of the draft agreement.
The Agreement and Routing Form shall be routed for approval by departmental chair/director, dean/administrative officer and the Associate Vice President for Research (as appropriate), then forwarded to the Purchasing Office for further processing.
Purchasing will review and approve contract for form and legality and forward contract packet (contract and applicable forms for completion) to contractor for signature.
After contract packet is returned by contractor, Purchasing will complete processing, and a fully executed copy of the contract will be returned (along with a Contract Monitoring Form if applicable) to the department responsible for procuring the service.
NOTE: Contracts shall be approved by all parties prior to the effective start date of the contract.
All Foundation contracts require approval by the Vice President for Planning and Finance/Treasurer of the TTU Foundation, the Vice President for University Advancement/Executive Director of the TTU Foundation and the President, as appropriate.
Foundation contracts that obligate the University in any way must be processed according to policies and procedures established for University contracting.
Research/Grant contracts are subject to the approval of the Associate Vice President for Research and the President, as appropriate.
Subcontracts of grant contracts are subject to the approval process for University contracts outlined above.
Pursuant to the requirements of the contract monitoring statute TCA ¶12-4-109 (d) and Finance and Administration Rules 0620-3-8 regarding the effective management of all service contracts, the University is now required to have in place a Contract Monitoring Plan.
After approval of a service contract, a Services Contract Monitoring Form will be returned, along with a copy of the approved contract, to the department originating the contract. The Services Contract Monitoring Form should be used to document service provider compliance with the terms and conditions of the contract, and a copy of the completed form is to be maintained in the department’s files for audit purposes. The final responsibility for administering, reviewing, documenting and recordkeeping with regard to the performance of each service contract for cost-effectiveness and results, remains with the department.
Note: Contracts associated with a grant or research project processed through the Office of Research will be monitored by the Office of Research. Subcontracts issued on a grant or research project will be monitored by the department/Center bookkeeper assigned to that particular project. For additional information or assistance in monitoring a subcontract on a grant or research project, please contact the Office of Research.