UNC Charlotte Contract Checklist Purpose and Procedures

Updated 12.10.10

Purpose

  • To instruct negotiators on basic contract law matters.
  • To regularize the review of terms and conditions in University contracts.
  • To comply with the laws and regulations of the State of North Carolina and other requirements.
  • To save time by featuring "knockout" clauses.
  • To provide for a single location for "official" copies of all UNC Charlotte contracts.

Method

  • The Contract Checklist is intended to provide a very convenient "fill-in-the-blank" method for reviewing proposed contracts and resolving most contract issues.
  • The Checklist is available on the web to print off, fill out, and submit with the contract.

Procedures

  1. Determine that UNC Charlotte wants to buy or receive what a particular vendor or donor wishes to sell or give.
  2. Is the subject matter of the contract appropriate for using the Checklist (i.e., if it is for purchase of goods or services or for a gift to the University, the Contract Checklist may not be appropriate)?
  3. Is it a contract for "consulting services?" If so, first contact Materials Management (ext. 7-7330).
  4. Special note on purchasing goods or services (including independent contractor agreements): Contracts to obtain the services of consultants are closely regulated by State law. Most such contracts require the advance approval of the Governor or his delegate; however, contracts for certain institutional services, for curriculum development, and for academically oriented research are exempt from the prescribed procedures. Because each consulting or personal services contract you consider will involve different facts and circumstances, complete the appropriate form, andALWAYS discuss any contract to obtain goods or services with Materials Management (ext. 7-7330) before engaging in extensive negotiation of other contract details.
  5. EFFECTIVE OCTOBER 1, 2010: All proposed statewide and agency term contracts for supplies, materials, printing, equipment, and contractual services that exceed one million dollars ($1,000.000)MUST be reviewed by the UNC Charlotte General Counsel or designee to ensure that the proposed contracts are in proper legal form, contain all clauses required by law, are legally enforceable, and accomplish the intended purposes of the proposed contract. (NCGS ยง 114-8.3)
  6. Begin to review draft contract (their initial draft or ours).
  7. At the earliest possible moment, check the proposed contract for the "knockout" items (Section I of the Checklist). If the other party cannot modify the contract to meet our requirements, we must abandon the negotiations.
  8. If Items in Section I are acceptable, start the "Contract Advisory" process (Section II of the Checklist). If a contract term from Section II of the Checklist cannot be modified to eliminate a special risk, it may be approved, but only if the supervisor agrees to accept the special risk by signing a "Contract Advisory." (The "supervisor" is the individual to whom the Chancellor has delegated authority to sign such contracts.)
  9. For the terms to be accepted, the supervisor must sign the Contract Advisory, and it must be attached to the completed Contract Checklist, which you will sign. If the supervisor elects not to accept the special risk imposed by terms requiring the Contract Advisory, the contract must be abandoned unless the other party agrees to a contract modification eliminating the special risk.
  10. Once all issues concerning the "knockout" issues and "Contract Advisory" issues have been satisfactorily resolved, review the remaining elements of the contract against Section III of the Checklist, following any specific instructions included for that Checklist item.
  11. After all items on the Checklist have been properly completed, attach any signed Contract Advisory form. Then sign and date at the end of the Checklist.
  12. You are responsible for obtaining at least one original copy of the contract, properly signed by all parties. The other party or parties will undoubtedly want their own originals as well.
  13. When all contract signatures are obtained, send one original copy and the signed Checklist form (with any Contract Advisory attachments) to: Office of Sponsored Programs, Cameron Applied Research Bldg. 42 
    3rd Floor. Maintain a copy in the office of the individual who signed the contract for UNC Charlotte.