Office Of Purchasing and ContractsProcurement Outreach Training

Level II - Module C

Specialized Agreements

Specialized Agreements

There are instances when a simple purchase order just won’t provide the detail and protection that an articulated agreement can provide. In these instances, there are a number of formats that will provide information for both parties, the RF and our vendor.

Types of Agreements

Consultant Contract Data Use Agreements Expenditure Contract Honoraria Leases

Maintenance Agreements Revenue Contracts Software Licenses Terms and Conditions

The Vendor Contract

Revenue Who

Are the parties to the contract? What

Is the purpose of the contract? When

Are the conditions expected to be met?

Where Will the work take place?

Why Is the Research Foundation

engaged with this vendor? How much

Does the Research Foundation expect to receive as a result of the contract and how will it be paid?

Expenditure Who

Are the parties to the contract? What

Is the purpose of the contract? When

Are the conditions expected to be met?

Where Will the work take place?

Why Is the Research Foundation

engaged with this vendor? How much

Does the Research Foundation expect to pay as a result of the contract and how will it be paid to the Vendor?

Prior to entering into a contract, the following questions must for answered:

Consultant Contracts

Consultant contracts are processed in the Office of Sponsored Funds Financial Management. A consultant is an individual who, under written agreement signed by the authorized campus Research Foundation Delegate in advance of the commencement of the obligation, performs a service(s) to a particular department or unit. Services provided are typically task oriented, specific in nature and of a limited, short duration. Remuneration for the accomplishment of the service(s) is typically established as a set fee, not an hourly rate and may not exceed levels established by the Foundation.

Data Use Agreement

Data use agreements describe how data will be used and establishes who is permitted to receive or use the data. There are many regulations that are involved in this type of agreement, and with the guidance of counsel and the CIO, these agreements are carefully drafted and executed by the University Controller and RF Delegate. All agreements must first be reviewed by the Office of Purchasing and Contracts prior to the Controller’s signature.

Expenditure ContractThis is an agreement between the Research Foundation and a vendor for compensation in exchange for services or commodities. Any dollar value threshold may require an expenditure contract. In addition to signatory and procurement requirements, the need is determined by (a) where the tasks performed by the contractor do not lend themselves to description on a regular purchase order; and (b) where the contractor imposes his/her contract on the Research Foundation. Contracts are initiated after the formal procurement process has been completed.

All contracts should outline the following critical information: Who are the parties to the contract? What is the purpose of the contract? When are the conditions expected to be met? Where will the work take place? Why is the Foundation engaged with this vendor? How much does the Foundation expect to pay as a result of the contract and how will it

be paid to the Vendor?

Under no circumstances should work be authorized under a contract until the contract has been approved and signed by all appropriate parties.

Honoraria Lecturers, guest speakers, and performing artists providing up to $2,500 in

services of a short duration may be paid through the honorarium process. The University Honorarium Request Form must be submitted to the Sponsored Funds Financial Management to initiate an honoraria payment.

The following describes the rules that apply to honorarium payments made by the Research Foundation:

If the service provider is a… Then…

SUNY academic or professional employee the honorarium payment must comply with SUNY policy

non-SUNY service provider qualifies for honorarium payment.

Research Foundation employee an honorarium cannot be paid.

Leases

The Research Foundation leases real property in multiple locations for various uses.  The campus provides professional support in negotiating and executing lease agreements.

The process is similar to any other procurement and all transaction threshold guidelines apply.  The end user defines the need for space off-campus, requests support via the requisitioning process, and due diligence begins.  Once the site is selected, negotiations between the Research Foundation and the Landlord begin, a contract is drafted, authorized signatures are obtained, and formal contract approval is obtained by all regulating agencies.

Maintenance Agreements

Maintenance Agreements must be reviewed by the Office of Purchasing and Contracts and signed by the Research Foundation Delegate. Maintenance Agreements should only be purchased for the current Research Foundation account term and should not be expended for future year expenses.

Any agreement must coincide with the ownership of the asset in question. You will be asked to provide that ownership information prior to the establishment of a maintenance contract.

Keep in mind that computers and printers can be repaired on campus at the PC Service Center , Lecture Center SB 27.

If a Maintenance Agreement is for a piece of equipment containing a hard drive, it will be important to ensure that the agreement contains language regarding the deletion of the data contained in the hard drive.

Revenue Contracts

A revenue contract is an agreement where the Foundation agrees to perform a service in return for a fee.  The components of the agreement should include who both parties are, a clearly defined scope of work with deliverables, when the service will be performed and completed, how much money is expected at the end of the term and when payments are to be made.

Despite the idea that any income is good, the same reasonableness test must be applied to the value of the service that we are receiving income for.

Agreements must be signed and should be notarized by the party from whom payment will be received, the Department Head or Dean, and the Research Foundation Delegate. 

Software Licenses

Software license terms including those found on web sites requiring acceptance (clickable agreements) need to be reviewed by the Office of Purchasing and Contracts before signature and approval by the Research Foundation Delegate.

A large number of Software Licenses are available for purchase through the OGS catalog contract for software licenses . The campus can access multi-campus contracts negotiated by SUNY on behalf of all of the campuses.

“Click and Accept” agreements can be tricky. The Office of Purchasing & Contracts negotiates all agreements, and provides guidance when requested.

Terms and Conditions

Any agreement including those that are found on web sites that require an affirmation of acceptance are reviewed by the Office of Purchasing and Contracts to be sure that the terms are in compliance with the Research Foundation, sponsor and/or federal guidelines. A contractual obligation should not be made by an individual but must be reviewed by the Office of Purchasing and Contracts and executed by the Research Foundation Delegate. Terms and conditions are most commonly found with maintenance agreements and software licenses in addition to standard expenditure contracts for goods and services.

In closing….There are many levels of procurement, with unique

requirements and regulations. Thank you for taking time to review this information.

Additional training presentations can be found at our website at http://www.albany.edu/purchasing/research_funded/purchasing_basics_rf.html