天美社区

Contract Review

The Office of General Counsel assists university departments with many types of university contracts. We also draft contracts and assist departments and administrators with contract negotiations as needed.

Who Can Sign Contracts?

Contracts binding on the University may only be signed by an Authorized University Official.

Consistent with the , the authority to sign Contracts rests with the President.  Pursuant to , the President also may delegate such authority to certain individuals.  A chart tracking the Authorized University Officers pursuant to delegation of authority by the President is maintained by the Office of General Counsel.

Contracts signed by an individual who is not an Authorized University Official are not binding on the University, but such Contracts may subject the individual who signed without authority to personal liability.

Approval of Contracts

Before being signed or executed by an Authorized University Official, a Contract must be approved by the following:

  • The Responsible University Office;
  • The Department or Division Head;
  • The Dean, Director, or appropriate Associate Vice President or Vice President;
  • The Office of General Counsel; and
  • Any office responsible for supplemental review.

Contract Restrictions

The University of North Georgia is an entity of the Board of Regents of the University System of Georgia. The correct legal name of 天美社区 is "Board of Regents of the University System of Georgia by and on behalf of University of North Georgia." This is the name that should appear on all 天美社区 legal documents. Because 天美社区 is a state university we are statutorily prohibited from agreeing too many standard clauses typically found in commercial contracts or contracts with private universities. The following provisions are some of the most common provisions that we must strike when negotiating an agreement or contract.

Duties of the Office of General Counsel

The Office of General Counsel reviews a Contract for:

  • The presence of essential elements to a legally valid contract;
  • The absence of (contractual terms that are legally prohibited);
  • Potential conflicts and ethics issues;
  • Compliance concerns; and
  • Whether the business terms accurately reflect the agreement or intent of the Responsible University Office.

Duties of Procurement's Contract Manager

Contract management is an integral part of the purchasing function and contract development often begins with the creation of a solicitation for requisition or offering to pay via Pcard. All contracts, agreements, or terms and conditions for the procurement of goods and services are to be reviewed by the Purchasing Department.

The Purchasing Department's primary responsibility is to help staff and faculty obtain the goods and services needed to support the university's academic mission. Purchasing is also responsible for managing, advising, and monitoring all procurement activities at the University of North Georgia and for reviewing all contracts associated with the procurement of these goods and services.

The Office of General Counsel will also review a procurement contract, agreement, or terms and conditions at the request of the Procurement Contract Manager.

For further information about Procurement, visit the Purchasing Department website.

Contract Initiation

University Contracts and transactions may be initiated in a variety of ways, but generally there are three (3) different Contract initiation areas in the University.

  1. The purchase of all goods and services needed by the University community is managed by the Purchasing Department.  For more information on the purchasing process, visit the University’s Division of Business and Finance Purchasing website.  All purchases of goods and services must comply with Georgia law, BOR requirements, and Department of Administrative Services regulations, policies and procedures.

  2. There are specific University offices that manage some specialized transactions.  Areas of expertise are identified in the Contract Procedures.  These offices should be contacted early in the contract development process, because the units have expertise and existing processes in place that could be helpful. More information in the Supplemental Review section of the Contract Review, Approval and Execution Procedure.

  3. If a desired transaction is not handled by either Purchasing or a specific University office, the Office of General Counsel can provide assistance in developing an agreement for University projects.

Procurement of Hardware & Software

Due to the new data governance regulations, contracts for the procurement of hardware and software fall under a separate and unique procedure. The contract requires approval from Purchasing, Legal and IT. 

Policy & Procedure Quick Links