Loyola University Chicago

Purchasing

University Contract Policy

TABLE OF CONTENTS


A.  GENERAL STATEMENT

Except as otherwise provided below, all agreements and contracts (including letter agreements) which obligate the University in any manner must comply with this Contract Policy. This Contract Policy is applicable to all campuses and operations of the University including the Lakeside Campuses, the Health Sciences Campus, the Cuneo Mansion and Gardens, LUREC and the Rome Center Campus.

Exception to Contract Policy:

Except for certain documents relating to research contracts and subcontracts subject to the Signature Requirement Exceptions in Section B below, research contracts and subcontracts for services and products to be provided by Loyola faculty, staff, and students which are paid for by external funding sources are not subject to this Contract Policy, but will be subject to a separate policy pertaining to such contracts. Non-research contracts for consulting or other non-research services are subject to this Contract Policy.

B.  SIGNATURE REQUIREMENTS

Only the President, the Provost(s), the Vice Provost(s), the Senior Vice Presidents and the Vice Presidents (and, collectively, with any persons holding the foregoing titles on an interim basis, the “Authorized Officers”) are authorized to sign agreements and contracts for the University within their respective areas of responsibility, except for any authority which is reserved to the Board of Trustees of the University (e.g.,  all obligations or expenditures over $5 million require Board approval) or any authority which is otherwise delegated by the Board of Trustees (for example, only the President is authorized to sign gift agreements) and except as otherwise provided below.  All other contracting delegations are terminated.

Signature Requirement Exceptions:

  1. Employment Agreements:  Only the President and the Provosts are authorized to sign faculty contracts, and only the President, the Senior Vice President for Administrative Services and the Vice President for Human Resources are authorized to sign employment agreements for staff.  
  2. Residential leases in which the University is the landlord and Conference Services agreements may be signed by the appropriate senior manager, as delegated in writing by the Senior Vice President for Capital Planning and Campus Management.
  3. Certain Athletics Department agreements, including athletic event agreements, game agreements, external facility rental agreements and athletic sponsorship agreements, may be signed by the athletic director, as delegated in writing by the President or the Senior Vice President for Administrative Services.
  4. Certain documents relating to research contracts and subcontracts may be signed by the Associate Vice President Financial Administration and Compliance (as such title may change from time to time), as delegated in writing by the President or the Senior Vice President for Finance and CFO.
  5. All contracts involving any electronic storing, hosting or sharing of University data and information must be reviewed and approved by the Vice President and Chief Information Officer before being signed by an Authorized Officer.  This requirement applies to contracts regardless of whether the University data and information flows into the University or outside the University or through a cloud computing, file sharing or other third-party technology service platform.

C.  CONTRACT REVIEW & DOCUMENT RETENTION REQUIREMENTS

For all agreements/contracts up to $150,000 (received or paid during the term of the contract), the appropriate Authorized Officer:

a)      must review and approve the business terms of the agreement/contract;
b)      has the discretion to seek the review of the legal, financial and/or insurance terms;
c)       must obtain signed copies (both parties) of all such agreements/contracts;
d)      must maintain copies of all such signed agreements/contracts in department files; and
e)      in the case of any exclusive provider and sponsorship arrangements, must seek review of the Finance Department.

For all agreements/contracts between $150,000 to 250,000 (received or paid during the term of the contract), the appropriate Authorized Officer:

a)      must review and approve the business terms of the agreement/contract;
b)      has the discretion to seek the review of the legal, financial and/or insurance terms;
c)       must obtain signed copies (both parties) of all such agreements/contracts;
d)      must upload copies of all such agreements/contracts into the central contract repository; and
e)      in the case of any exclusive provider and sponsorship arrangements, must seek review of the Finance Department.

For all agreements/contracts over $250,000 (received or paid during the term of the contract), the appropriate Authorized Officer must meet the following requirements prior to signing any agreements unless there is an exception as set forth below: 

a)      the appropriate Authorized Officer must review and approve the business terms of the agreement/contract;
b)      the Finance Department must review the financial terms of the agreement/contract;
c)       the Office of the General Counsel must review the legal terms of the agreement/contract;
d)      the Insurance Department must review the insurance terms of the agreement/contract;  
e)      the appropriate Authorized Officer must obtain signed copies (both parties) of all such agreements/contracts; and
f)       the appropriate Authorized Officer must upload copies of all such agreements into the central contract repository. 

Contract Review Requirement Exceptions: 
The following types of agreements/contracts of $250,000 or more do not require review by the Office of the General Counsel or Insurance:

(a)  form contracts that have been reviewed and pre-approved by the Office of the General Counsel; and

(b)  renewals of contracts with the same parties and the same terms where legal and insurance review has been provided on the original contract. 

D.  RETENTION OF SIGNED CONTRACTS/CONTRACT REPOSITORY REQUIREMENTS & EXCEPTIONS

Except for signed employment agreements and faculty contracts, all signed agreements and contracts which involve a financial commitment of $150,000 or more (received or paid during the term of the contract), regardless of whether they are subject to the review requirements, must be uploaded by the Authorized Officer responsible for the agreement to the central repository for retention immediately after the agreement is signed by both parties.  Signed employment agreements for faculty will be retained by the respective Provost’s Office and signed employment agreements for staff will be retained by the Human Resources Department.

E.  COMPLIANCE WITH UNIVERSITY PURCHASING POLICY

Every effort should be made to comply with the Loyola University Chicago Purchasing Policy, comprised of four component parts as detailed below: (1) Purchasing, (2) Competition, (3) Conflict of Interest & Buying Ethics, and (4) Small Business Utilization (Disadvantaged, Minority-Owned, Women-Owned, Veteran-Owned, Service Disabled Veteran-owned and HUBZone Business Enterprises).  The policy can be found at http://www.luc.edu/purchasing/purch_policy.shtml.

NO PAYMENTS AUTHORIZED:  

No payment will be authorized for any agreement or contract which is not signed and which does not otherwise meet the requirements of this Contract Policy.

The appropriate Authorized Officer will be accountable for the final terms of all agreements/contracts they enter into and for ensuring that all agreements and contracts within their respective areas of responsibility meet the requirements of this Contract Policy.

F.  CONTRACT RESOURCES

  • STANDARD TERMS AND CONDITIONS:  Unless otherwise specifically provided by separate written agreement signed by Loyola University Chicago, these terms and conditions shall govern with respect to the Goods and/or Services (as such terms are defined herein) identified in Purchase Orders or Other Procurement transactions (the "Order" or “Release”) and incorporated therein by reference.  For all purchase orders, these standard terms are included in the documentation sent to vendors either in full text format or by link to these terms and conditions.
  • PROCUREMENT ACTION MATRIX:  This matrix indicates a buyer’s necessary actions when spending University Entrusted funds. This form indicates dollar thresholds applicable to Pre-Qualified and non Pre-Qualified Suppliers, relative to the funding sources being utilized, and the necessary steps that must be taken regarding the purchase(s) and its documentation requirements.
  • STANDARD AGREEMENT FOR CONSULTING SERVICES:  The standard agreement for consulting is a pre-vetted consulting services agreement template that can be used by departments to engage vendors in various service types.  This form was developed in collaboration with Finance, Risk and the General Counsel.  In addition, a separate attachment is available for information technology consulting.  This attachment can be found at the following link:  INFORMATION TECHNOLOGY CONSULTING ATTACHMENT
  • USER MANUAL FOR UPLOADING DOCUMENTS INTO THE CENTRAL REPOSITORY:  (Link: Contracts ECM Manual)  As required by section C of this policy, departments are required to upload fully executed contracts into the central university database.  Please contact Brian R. Slavinskas at bslavin@luc.edu to request access or training into this process.

G.  CONTACT INFORMATION

If you have any questions relating to this policy, please contact Brian R. Slavinskas, Senior Director, Procurement Services and Financial Compliance at 312-915-8787 or bslavin@luc.edu

*****

Effective:  December 20, 2016

Last Updated: December 21, 2018

Approved by the President's Cabinet and the President of Loyola University Chicago