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Special Procedure Contracts

Special Procedure Contracts
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The following special procedure contracts are likely to present difficult issues and should be reviewed by the institution with the General Procedure Checklist, revised in accordance with the Checklist Recommendations and then forwarded to OGC for review and approval, regardless of the amount of the contract:

  1. aircraft charter agreements;
  2. contracts for the offering of services and related products by a third party or by UT System and/or one or more UT institutions on behalf of a third party, established and maintained primarily for the convenience of students, faculty, staff, or patients, as provided in Regents' Rules and Regulations, Rule 80103, Section 2.4;
  3. contracts related to criminal background check services;
  4. contracts related to a student debit card program;
  5. equipment or other personal property leases with a value of more than $250,000 or for a term of more than five (5) years;
  6. contracts with foreign countries or agencies thereof;
  7. software/website/webpage development agreements;
  8. employment agreements;
  9. contracts that deal with or relate to health and safety issues;
  10. athletic contracts, including but not limited to broadcast rights agreements;
  11. advertising and promotional agreements under which advertising or promotion will be placed or conducted on a UT institution;
  12. collection agency contracts;
  13. contracts for the conveyance or acquisition of an interest in real property, including leasehold interests, easements, and mineral interests;
  14. contracts having provisions that may affect the rights of the Board of Regents to exercise control over its property (for example:  provisions requiring compliance with city ordinances or granting exclusive rights on a UT institution); and
  15. credit agreements.

In addition, you must follow the procedures in the relevant UT System policies, checklists, or guidelines for the following special procedure contracts, regardless of the amount of the contract:

  • contracts for the offering of services and related products by a third party or by UT System and/or one or more UT institutions on behalf of a third party, established and maintained primarily for the convenience of students, faculty, staff, or patients (see Regents' Rules and Regulations, Rule 80103, Section 2.4)
  • building space lease (see UTS126)
  • construction contract (always use the approved form without material changes from the Construction Law documents, obtain current Uniform General Conditions/Special General Conditions from OFPC, complete the Checklist and follow all instructions therein, refer to the Construction Contracting Guidelines)
  • grant, scholarship or fellowship OGC approval not required unless (1) application for construction grant, (2) proposal with foreign entities, (3) proposal deviating from current Regents' Rules and Regulations or UT System policies, or (4) Chief Administrative Officer or his/her designee desires OGC review and approval
  • professional architectural or engineering services (always use approved Architectural/Engineering Agreement or Model Service Contract from Construction Law documents or OFPC unless otherwise approved, refer to Construction Contracting Guidelines)
  • sponsored research agreements and related agreements (OGC approval not required if on OGC designated standard sponsored research agreement or company universal agreement, or if renewal or extension of previously approved agreement with no substantive changes other than termination date and contract amount; and see UTS125)
  • license agreements and options conveying rights in Board intellectual property (see License Agreement Checklist)
  • vending machine contracts (always refer to OGC, the Office of the Controller, and the appropriate Executive Vice Chancellor for Health Affairs or Executive Vice Chancellor for Academic Affairs; and see UTS130)
  • insurance policies (always comply with Regents' Rules and RegulationsRule 80601, and Rule 10501, Sec. 3.4)

The OGC Contract Review Procedures, including this list of special procedure contracts, are a way for us to provide you with general information about your contracts. These procedures cannot provide specific legal advice for any particular situation, so you must not rely on this information as a substitute for obtaining legal advice from the Office of General Counsel if you need it. Your use of these procedures means that you have complied with our requirements for review of your contract, but it does not mean that we have actually "approved" your contract in the same way we would approve a contract we had actually seen. These procedures are a substitute for attorney review and approval. If you feel this substitute is not adequate for your needs, please feel free to consult with us directly.

Please direct questions or comments regarding this page to Dana Hollingsworth.

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