Review Guidelines

The Purchasing Department’s Contract Review Service MUST review all purchase agreements, no matter the value, when there is a written contract, agreement or purchase order involved. The guidelines for contract review include:

  1. Select a contract template from the Standard University Agreements if applicable
  2. Initiate the review of a contract:
    1. Complete and submit a Contract Review form
    2. Print the finalized form and email it, along with the agreement, to Contract Review Services at purcontracts@ncsu.edu.
  3. Participate in the negotiation process, if necessary:
    1. The submitted contract and supporting information are reviewed for standard legal terms and conditions.
    2. Negotiations may be required between the university department, the contractor, Contract Review Services and Office of General Counsel.
    3. All necessary modifications are made to the contract.
    4. The department will receive a signed contract for transmittal to the contractor.
    5. If not fully executed, the contractor signs the contract and returns a fully executed copy to the department
  4. Finalize the contract:
    1. If the vendor does not agree to contract modifications, contact Hays Poole for possible remedies.
    2. After obtaining the contractor’s signed copy, Contract Review Services will file a copy of the fully executed contract.

 

Independent Contractor Guidelines

An independent contractor is a person, business or corporation that provides goods or services to the university under terms specified in a written contract or agreement.  Unlike an employee, an independent contractor does not work regularly for an employer, but works when required.  It is important to look at the scope of the work and determine if it is comprised of tasks best accomplished by an employee. The OCG developed a checklist that will aid with this determination. NC State University cannot pay employees as Independent Contractors.

  1. Complete the Checklist for Determination of Independent Contractor Status, and evaluate the employment status results.
  2. Submit the completed form to the Contract Review Services with all independent contractor agreements where the contractor is an individual.
  3. Independent Contractor or Employee?  More guidance is available on the IRS website
SERVICE AGREEMENT TYPE DEFINITION NEXT STEP
Personal Personal/professional services such as lawyer, doctor, architect, engineer 1. Complete a Contract Review Form
2. E-mail Contract Review Form and Agreement to purcontracts@ncsu.edu
3. Provide sole source memo for services above $5000
Academic Professional instruction, curriculum development, academic oriented research 1. Complete a Contract Review Form
2. E-mail Contract Review Form and Agreement to purcontracts@ncsu.edu
3. Provide sole source memo for services above $5000
Administrative/Consultant Professional who provides expert advice in a particular area such as management, accountancy, finance 1. Complete a Contract Review Form
2. E-mail Contract Review Form and Agreement as one document to purcontracts@ncsu.edu
3. Provide scope of work and specifications for the competitive bid process or provide sole source memo
4. Initiate requisition if cost is above $5000

Contract Administration Guidelines

  1. Each University department is responsible for ensuring that the contractor meets all contractual obligations
  2. While administering a contractual project, the university department MUST process the invoices for payment and monitor the funds spent against the contract
  3. If changes to the contract are required after it is fully executed, use the contract Amendment form to enumerate the specifics such as the cost, term, or scope of work
    1. Complete the contract “Amendment” form
    2. Submit the form for review to Contract Review Services at purcontracts@ncsu.edu

Contact Us

Questions? Email purcontracts@ncsu.edu