Introduction to Contracting
A contract is an agreement between two or more people that is enforceable by law. It can be in a written formal agreement, on a napkin, in an email, online, or in an order form, and it can even have a zero dollar amount. Since all UNLV contract terms and conditions must comply with local, state or federal laws and regulations, Nevada Board of Regents of the Nevada System of Higher Education (“NSHE”) requirements, and the Office of General Counsel policies, it is important that you contact the Purchasing Representative assigned to your department before signing or negotiating any terms and conditions. If you are unsure as to whether or not your contract goes through Purchasing or should be reviewed by another department, review the Contracts FAQ or contact your Purchasing Representative.
Keep in mind that only a handful of people at UNLV have the requisite authority to legally bind UNLV to a contract, and some of the signatories are limited to approvals of a certain type or dollar amount. The only permitted signatories or approvers are: the Chancellor, the President, the Executive Vice President and Provost, the Senior Vice President for Finance and Business, Vice Presidents, the Director of Athletics and certain permitted delegations. If you sign a contract when you don’t have signing authority to sign contracts or signing authority for the amount you improperly authorized, you could be held personally liable for the full amount of the unauthorized contract. In addition, you could be subject to discipline up to and including termination in accordance with UNLV/NSHE policies and procedures. See the Signature Authorization page.
Some purchases can be accomplished with a Purchase Order which has UNLV’s standard Purchase Order legal terms and conditions attached to it. However, if a supplier will not agree to UNLV’s Purchase Order terms and conditions, or a more complex contract is required, then UNLV’s standard long form contract or the UNLV Fast Track Contract will be used. Always contact your Purchasing Representative before negotiating contract terms with a supplier since 1) there are Nevada State laws that require UNLV to use certain formal and informal competitive processes for contracts that could exceed $25,000 (including all expenses and any automatic renewals) and 2) Purchasing may be aware of certain existing contractual obligations, Office of General Counsel or NSHE policies/ requirements, or local, state, or federal laws or regulations that preclude UNLV from agreeing to certain clauses. All contracts that go through Purchasing are reviewed by an attorney from the Office of General Counsel to ensure compliance with all laws and requirements.
Certain proposals for services and goods under $50,000 may be eligible to use UNLV’s Fast Track Contract which makes the contracting process quicker for both the supplier and the department. If a contract is eligible for the Fast Track process, it must still be processed by Purchasing, but no UNLV signatures will be required, no further negotiation will be needed, and the supplier will be notified of acceptance of the Fast Track Proposal by receipt of a UNLV Purchase Order. Click here for more information on the Fast Track Contract process. Please contact your Purchasing Representative if you have any questions regarding requisitions, Purchase Orders, or contracts to save time and ensure your purchase is processed.