Business Contracts Office
Types of Contracts & Specific Requirements
Although University departments maintain the authority to place orders utilizing the small purchase order system, this same authority does not exist when a formal contract is involved. Therefore, all procurement contracts, regardless of monetary value, should be routed to the Purchasing Office at the earliest possible stages of development. See Routing and Submission for reference, the following is a partial list of example procurement contracts. This is far from a complete list and only represents some of the more common procurement contracts.
Auxiliary Agreements are contracted services whereby the University affords a vendor the right to provide on-campus services in exchange for royalty commissions or other consideration. A traditional payment process is typically not a primary factor in an auxiliary contract. Examples of Auxiliary Contracts include bookstore operations, vending machines, or food services. Most Auxiliary Agreements are considered a special procedure contracts, and must be routed to The UT System Office of General Counsel for review regardless of value.
Consultant Agreements are considered Special Procedure contractsand must comply with additional review and approval requirements as detailed in UT System Business Procedure Memorandum 43. The State’s definition of a Consulting Service is as follows: “the service of studying or advising a state agency under a contract that does not involve the traditional relationship of employer and employee; services which include the study and advice with respect to some aspect of an agency’s operations or management. If you believe that the services you wish to procure meet the State’s definition, please contact one of the following individuals for guidance:
Director of Purchasing and Distribution Services at 210-458-4060
Purchasing Manager at 210-458-4060
Contracts Manager at 210-458-4069
Environmental, Health & Safety Agreements
These agreements include services such as campus-wide recycling, soil and air quality testing, asbestos abatement, disaster recovery services, and chemical disposal contracts. All agreements related to heath and/or safety issues are considered special procedure contracts, and must be routed to The UT System Office of General Counsel for review regardless of value.
Extended Education Agreements
The Office of Extended Education maintains various contractual relationships to provide employees, students, and the general public with the opportunity to receive educational benefits from non-credit courses. Although these courses will not provide official university credit, many do offer certifications in a specific area of expertise. Much like Auxiliary Contracts, most Extended Education Agreements affords the vendor a right to provide training services in exchange for royalty commissions or other consideration paid to the University. A typical payment process is generally not a primary factor in an Extended Education contract. Because many Extended Education Contracts have very specific State and System requirements, the Contracts Office may request a final approval of these agreements from the University’s Legal Affairs Office.
Hotel and Resort Agreements
When evaluating hotels and/or resorts, the vendor’s ability to conform with State and System contractual laws and requirements must always be considered. For reasons of efficiency and fairness to the vendor, the UT-System Standard Hotel Agreement should always be provided to any potential hotel at the earliest possible stage of development. Many hotels have previously contracted with UTSA and are knowledgeable of UTSA’s terms, conditions, and other contractual requirements. A partial list of some of these hotels include, but are not limited to, Westin La Cantera, Radisson, Marriot Rivercenter, Adam's Mark/Crown Plaza, Hilton, and the Hyatt Regency. For a full listing of hotels previously utilized by UTSA, contact the Business Service Contract Office at 458-4975.
Human resource agreements include such projects as the provision of professional counseling and licensed clinical assistance, temporary personnel agreements, and management technology. Because many Human Resource contracts can relate to very specific State and System requirements, the Contracts Office will usually request a final approval of these agreements from the University’s Office of Legal Affairs.
Marketing and Advertising Agreements
The ability for any organization to use the University logos, marks, or name is very limited and requires special review and consideration. Many of these agreements are “no-charge” agreements in which a vendor provides UTSA with consideration in exchange for advertising rights or marketing acknowledgements. Although some of these proposals may look very enticing, the University’s status as a government agency restricts UTSA from engaging in any practice that could be considered advertising or solicitation for a particular vendor.
Renovation, Construction, and Architect/Engineering Agreements
All requests for physical and structural changes, including Architectural and Engineering requests, must be routed through the Facilities Services Department via a Facilities' Work Order. If it is deemed necessary to contract out for these services, Facilities Services will issue a purchase request to the Purchasing Office. Purchasing will then follow proper competitive procurement procedures as well as the regulations outlined by the UT System Office of General Counsel.
All Space Leases with either UTSA as the lessee (UT is leasing space from an organization) or UTSA as lessor, requires the prior approval of the DT Business Administrator. For further information, contact Frank Salinas at 458-2781.
Special Procedure Contracts
Technology Procurements, Software and/or Database Licenses
Any project involving software/database licenses in which it can be reasonably assumed a formal agreement may be necessary, regardless of the amount, should be routed to the Purchasing Office at the earliest possible stages of development. Note that additional approvals may also be required from the Office of Information Technology. When initiating any technology project, departments should always ensure that the requested technology product or service will be compatible with UTSA’s existing network. For further information, contact the Office of Information Technology at 458-5538..
Additional Procurement Contracts
Examples of other procurement-type contracts include, but are definitely not limited to, catering, athletic events (e.g. golf tournaments), advertising and promotional services, and faculty and staff training.