The Contracting team is part of Financial Services Purchasing that reviews, processes, supports, and oversees all University contracts not associated with a purchase order transaction, nor under the responsibility of Sponsored Projects and Contracting Services (SPCS) or the University of Arizona Health Science Contracts, in a diligent and professional manner to ensure that they...
- are in the University’s best interest
- conform to current University policies
- conform to current Arizona Board of Regents policies
- comply with Arizona State law
...while maintaining a successful working relationship with outside vendors, their legal counsel, and University departments.
The Contracting team have delegated authority to draft, negotiate, process and sign contracts on behalf of the Arizona Board of Regents for the University of Arizona. This delegation comes from the Chief Procurement Officer through the President of the University. Unless specifically granted by the President or a designee, no other University department, faculty, or staff has this authority. Therefore, do not sign contracts. In doing so, you accept personal liability.
Please contact the Contracting team for advice and assistance in developing, establishing, and coordinating agreements.
Procedure: Contracts Processed by Contracting Team
If a contractor/supplier asks you to sign a document, it typically meets the qualifications of a legal binding contract. However, do not sign it. Our team can offer guidance and assistance in reviewing the document. Please send the document to our team for review, negotiation, and signature.
Prior to submitting the document
Please review the following:
- If the value of the document in more than of $25,000, the proper payment mechanism will be a Purchase Order and your department will need to process a requisition. Those documents (contracts/agreements) will then be processed by the Buying Team and should be added as an attachment to the requisition.
- If the value of the document is less than $25,000 and you’ll be paying for the transaction using a Disbursement Voucher or PCard, then our team can assist you with your request. All transactions that will be paid by a Purchase Order should be sent to the Buying Team for processing.
- Review and include all Terms & Conditions referenced in the document and contact the vendor if the Terms & Conditions are missing. If the Terms & Conditions do not reflect the transaction negotiated with the contract/supplier, please amend or edit those Terms & Conditions or notate those when you are submitting your review. Submitting contracts without all the necessary Terms & Conditions will delay the review and execution of your contract.
- Review and include all referenced exhibits, addenda, or other attachments. If the attachments do not reflect the transaction negotiated with the contract/supplier, please amend or edit those attachments or notate those when you are submitting your review. Submitting contracts without all the necessary attachments will delay the review and execution of your contract.
- The University requires outside parties to provide insurance when performing work for, or providing services to, the University or when using University facilities. This requirement applies to Professional Service contractor/supplier, University property contractor/supplier, catering supplier, external users of University facilities, and all other contracts/suppliers. See the University’s established insurance requirements.
READ the document prior to submission to ensure the following, as applicable:
- All blanks should be filled in
- Freight charges are reflected correctly
- Dollar amounts match
- Taxes are included
- Payment terms are acceptable
- Equipment installation terms are accurate
- Pick up and return of equipment is acceptable
- Warranty is acceptable
- Maintenance, if needed, is included
- Term of the Agreement is correct
- Any renewal options, if necessary, are included
- If automatic renewal is desired
The Contracting team reviews documents for LEGAL CONTENT only and may not be aware of any special terms and conditions negotiated prior to the document being issued, therefore we ask you to ensure that the document is a representation of your transaction.
Frequently Asked Questions
The Contracting Team maintains a variety of various forms that are available upon request. Please reach out to our team via email at FNSV-Contracting@arizona.edu for additional information.
The following is a list of standard contract language requirements which may be added, depending on its applicability, or Contracting may be required to incorporate such language into its contracts/agreements because of Arizona state law.
- Contracting Party - the contracting party for the University is the Arizona Board of Regents on behalf of the University of Arizona.
- Interest Rate - 10% simple per annum is the maximum rate allowed by Arizona law.
- Law to Govern - as a state agency, the University cannot agree to be bound by another state's or another country's law; Arizona law must govern.
- Indemnification - it is illegal for an Arizona state agency to indemnify or hold another party harmless from liability (Arizona Attorney General's Opinion No. 67-36-L).
- Insurance - as an Arizona state agency, the University participates in the Arizona State Risk Management self-insurance program as provided under A.R.S. Section 41-621. We do not additionally insure other parties.
- Confidentiality - the University can agree to hold confidential material provided by another party (provided such material is marked confidential) for a period of three (3) years following termination of the Agreement. All fully executed University contracts/agreements are public record and cannot be held confidential.
- Penalty - the University cannot agree to pay penalties for early cancellation or for any other reasons (A.R.S. Section 35-154).
- Attorneys' Fees - the Arizona Legislature does not allocate funding for payment of another party's attorneys' fees; we can agree to pay all "court-awarded" attorneys' fees.
- Unions - as an Arizona state agency, the University is not permitted to contract with or be bound by union rules, regulations, or jurisdiction.
- Right to Terminate - the University needs the option to cancel a contract prior to its terms, usually by giving the other party thirty (30) days' prior written notice.
- Limitation of Actions - as an Arizona state agency, the University is exempt from the Statute of Limitations.
- Perpetuity - the University cannot enter into perpetual contracts.
- Non-refundable Deposits - the University cannot agree to pay a non-refundable deposit. A deposit can be used to fulfill payment obligations for which the University is owing for goods or services received.
- Software Infringement - the University cannot agree to incur software infringement liability of software provide by another party.
- The following clauses are to be incorporated into all contracts: a) Nondiscrimination; b) Audit, if paying for goods/services; c) Arbitration; d) Conflict of Interest; e) State Obligation.