The Office of Legal Affairs is committed to the University administrators, faculty, and staff to provide a more centralized contract management process. Contract management is the process of managing contract creation, execution, and analysis to maximize operational and financial performance while reducing financial risk.
Our primary contract management activities center around:
- Assist in the writing of contracts or provide University templates;
- Contract negotiation with vendors;
- Coordination with Purchasing and other key departments prior to starting the approval process; and
- Provide support and assistance throughout the contract approval process.
Contract Approval Process
Georgia College is a public university; this status imposes certain restrictions on its contracting activities that are different than that of a private university or company. Many standard clauses typically found in commercial contracts cannot be accepted by Georgia College. The restrictions are based on constitutional and statutory prohibitions. Because of these restrictions, Georgia College requires an effective contracting process to ensure adherence with appropriate laws and policies.
Please be certain to thoroughly read the Contract Process and Procedures prior to sending your contract to the Office of Legal Affairs for review.
The Contract Process Tutorial can be used to assist you with many questions you may have of the contract submission process.
Initial Request for Services/Goods from a Contractor/Vendor
When requesting a service or good from a contractor/vendor, please use this letter to contractors and vendors to ensure the contractor/vendor understands GC's contracting restrictions and requirement. When reviewing the contract, prohibited terms should be removed and the contract should be returned to the contractor for approval of new terms prior to submitting to the Office of Legal Affairs for approval.
Submitting a Contract for Approval
Please submit all contracts via the Contracts Submission Form. Before the contract is submitted for university approval it should be signed by the outside party.
If you have already submitted a contract and merely need to submit revisions or vendor approval of revisions, please email email@example.com with the revisions.
Please note, prohibited terms as contained in the Letter to Contractors/Vendors should be removed prior to submitting contracts to the Office of Legal Affairs or your contract will be returned to you.
After a Contract is Approved
After a contract is approved, as to form, Office of Legal Affairs will route the contract via GC Signatures for approval by the authorized University officials.
Due to the busy nature of the Office of Legal Affairs, please refrain from contacting the office for status updates for contracts until at least one week has passed since contract submission.
Should you have any questions, please feel free to contact the Office of Legal Affairs at firstname.lastname@example.org or (478) 445-2037.
Terms and Conditions
When a vendor or other third party approves a contract or accepts purchase order provided by Georgia College, they agree Georgia College shall only be bound by the terms and conditions attached herein and are the sole terms and conditions for the contract and/or purchase order. The contract or purchase order, with any attachments including these terms and conditions, constitutes the party's entire agreement. No waiver or modification of the agreement's terms shall be valid and may be amended only in writing by express written consent and signed by both parties. By accepting these terms, the vendor or other third party shall sell and deliver the goods, material and/or items described in the contract and/or purchase order. Georgia College reserves the right to and may in its sole discretion, from time to time, modify the terms and conditions.
Contracts will NOT be approved by the Office of Legal Affairs if submitted after the day of the event or after the effective date listed on the contract. We cannot guarantee that contracts submitted the day or week of the event will be approved. All contracts should be submitted as soon as possible, but no later than two weeks before the performance of the contract is scheduled.
If the vendor of your contract/MOU will have access to students (either GC students and/or minors), employees, facilities, or if the vendor will handle cash, the following language MUST be included in the terms and conditions of your contract/MOU:
Information Security in Contracts
Vendor agrees to remain compliant with applicable federal, state, and Customer’s policies and procedures including GC Information Security Operational Procedures for establishing a secure information environment and agrees to assume the liability for any breach of security, or exposure of data that affects said services to the extent that Vendor is responsible for said breach or exposure. The Vendor must notify GC of any breach of the security of the system within 24 hours following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The Vendor further agrees to assume its share of the costs of notifying individuals of data exposure that affects said services, as required by federal or state regulation or GC policy, including, but not limited to GC’s Personal Identity Information Data Breach Procedure, to the extent that the Vendor is responsible for said data exposure.” If Vendor is engaged in credit card processing on behalf of GC, the vendor agrees to follow GC’s PCI-DSS Compliance Procedures by providing Attestation of PCI-DSS Compliance documentation and/or PA-DSS Compliance documentation annually to Georgia College.
State Security/Background Checks
The Vendor/Contractor shall perform security clearance background checks on its officers, agents, employees or others assigned to have regular interaction with students, employees, money, sensitive/confidential data or access to Georgia College's premises. Georgia College reserves the right to require additional background checks be made on any of Vendor/Contractor’s officers, agents, employees assigned to have access to Georgia College’s premises. The Vendor/Contractor shall defend, indemnify and hold harmless Georgia College for its failure to obtain appropriate security clearance background checks.
Vendor/Contractor maintain full responsibility for the actions of it and its employees and will be fully responsible for enforcing and implementing an appropriate background check requirement which conforms to State, Federal, Local and Board Guidelines. USG Business Procedures Manual, Section 3. The Vendor/Contractor shall defend, indemnify and hold harmless Georgia College for the actions of Vendor/Contractor's employees. The Vendor/Contractor will review the results of the background check. Georgia College should not receive the results of the background checks, but only individuals that have passed background check should be assigned by Vendor/Contractor.
Ethics Policy in ALL Contracts
Cooperative organizations, vendors, and contractors shall certify compliance with the USG Ethics Policy by written agreement. The ethics policy should be specifically referenced as a condition with which the vendor will comply. The following language must be included in all contracts:
Ethics: Both parties shall comply with the University System of Georgia Board of Regents Ethics Policy. The Board prohibits any form of discrimination, harassment or retaliation against or by any member of the faculty, staff, administration, student body, volunteers, or visitors based upon race, color, religion, sex, national origin, age, whistle-blower status, disability, gender identity or expression, genetics, or any other characteristic protected by state or federal law. Both parties and their employees will be required to know and adhere to the Title IX policy.
To review the USG Ethics Policy in its entirety, click on the following link:
Contract Management Policy establishes a University wide contract management system to ensure integrity in the contracting process.
Delegation of Contract Signature Authority Policy outlines the contract administration process.
Contract Process and Procedures outlines the approval process for contracts.