Contract Services

Division of Business and Finance

General Guidelines

If an individual executes a contract without the appropriate authorization or authority, the individual may be held personally liable for the obligation of the contract.

  • Any type of agreement that legally obligates the University including but not limited to the provision of payments, services, goods or use of University properties, facilities or other resources to an external party (hereinafter “contracts”) must be signed by the President or designee.
  • Contracts which are not East Tennessee State University standard forms must be reviewed by the Office of University Counsel before being signed by an authorized University official. Contracts may be called, but are not limited to, contracts, agreements, memorandum of understanding, memorandum of agreement, purchase orders, or terms and conditions.
  • The University standard contracts are located on the Contracts section of the Financial Services website. All proposed contracts, even those using the standard form, must be reviewed by the department authority. An Agreement Routing Form must be filled out and signed by the appropriate department official. The contract and signed Agreement Routing Form should then be forwarded to Procurement and Contract Services for processing and signature.
  • For all non-competitive (sole source) contracts over $25,000, a justification for sole source must accompany the routing form and contract. The Justification for Sole Source form is available on the Procurement and Contract Services web site.
  • Per ETSU policy FP-40 the listed positions below (or their designee) may approve contracts:
    • President
    • Vice President
  • Prior approval of Tennessee General Assembly Fiscal Review Committee is required for all      non-competitive (i.e., “sole source”) contracts of a total value of $250,000 or more, and for a term greater than one (1) year. This process requires submission to Fiscal Review Committee at least 75 calendar days  prior to the effective start date.
  • How do I process a contract?
    If possible, please use the ETSU preapproved templates available at:
    Contract Services Forms    ETSU Preapproved Contract Template:
    • Department has Contractor sign one copy of the ETSU preapproved contract.
    • Department completes and Agreement Routing form, attaches it to contract and sends it to Procurement and Contract Services.
    • Procurement and Contract Services assigns a number.
    • Procurement and Contract Services forwards the contract to the President or Vice President for signature.
    • Procurement and Contract Services provides a pdf version of the contract to the Department via email.
    • Department forwards executed contract (pdf) to Contractor via email.
    Contractor Supplied Contract:
    • Department completes and Agreement Routing form, attaches it to contract and sends it to Procurement and Contract Services.
    • Procurement and Contract Services assigns a number.
    • Procurement and Contract Services obtains review of contract language from University Counsel.
    • If language needs further review and agreement by the Contractor, Procurement and Contract Services forwards the “marked up” or “redlined” document to the involved ETSU Department so it can be sent to the Contractor for their review and approval.
    • Contractor signs the contract and returns the electronic copy to Drew Baranowski at: baranowskid@etsu.edu
    • Once the contract is final Procurement and Contract Services forwards the contract to the President or Vice President for signature.
    • Procurement and Contract Services provides a pdf version of the contract to the Department via email.
    • Department forwards executed contract (pdf) to Contractor via email.
    If the Contractor is not a Vendor/Supplier/Contractor in Banner and eBucs the Department will need toobtain a W-9 or vendor application from the Contractor. Even there is no payment involved this information is necessary for creating the vendor record in Banner and eBucs.
  • What policies and procedures do I need to review before I start the contract process?
  • What forms do I need to review before I start the contract process? 

    Many of the commonly used contract forms can be found here, along with other forms for the University, including those used by the Procurement and Contracts Department. 
     
    Not sure what form to use? Below is a table of common transactions and the forms needed in each.

    Contract Criteria                                                             Forms/Resources
     
    If a Contract is $5,000 or more, utilize the following forms and forward to Procurement and Contract Services:
    Contract/Agreement Routing Form must accompany ALL contracts or amendments/addenda to contracts.
    Standard Contract (with Terms and Conditions) for Personal, Professional or Consultant Services
    Sole Source Justification Form (only for non-competitive contracts of $25,000 or more)
    W-9-Request for Taxpayer Identification
     
    Contract is less than $5,000, utilize the Request for Payment Form and forward to Procurement and Contract Services


    Request for Payment - Personal Services Less than $5,000
     
    Dual Services Agreements
    Use the Dual Services Agreement when services are to be provided by another State of Tennessee employee.

    Dual Services Agreements Flowchart
     
    Employee vs. Contractor
    The Employee vs. Independent Contractor Classification Criteria helps to determine if the services are to be provided under an employment contract through Human Resources, or they are provided by an independent contractor.