All University contracts must adhere to certain State requirements. Some requirements are mandated by State law or by executive order while others are required by the Office of the Attorney General (“State Terms”).
Absent a valid exemption or prior approval from the Attorney General, all applicable State Terms must be included in a university contract regardless of the contract type and without regard to type, term, cost, or value (including income generating contracts), unless the contract meets a specific exemptions.
The State Terms may include statutory authority, governing law, claims, sovereign immunity, executive orders, and nondiscrimination. Which State Terms are required is determined by the contract type and/or value. The terms are described below and progressive in nature (i.e., a specific category of contract must also include the terms required by the categories above it.) The terms are as follows:
- Contracts exceeding $50k (or $100k in calendar year) must include provisions for large state contract representation for contractor, consulting agreement representations, and campaign contributions restrictions.
- Large state construction/procurement contracts exceeding $500k must include provisions for summary of state ethics laws and the Iran energy investment certification.
- Contracts exceeding $2.5 million and contractors who perform governmental functions must include a provision addressing the Freedom of Information Act.
- If a contract exceeds $5 million, it must have a whistleblowing provision.
- The exact language for these provisions is provided by the State and can be found here. And remember, Educational Training Affiliation Agreements (clinicals) have streamlined T&Cs which can be found here. More information about Clinical Agreements is also available here.
- Finally, all contracts with a value in excess of $250,000 must be approved by the Office of the Attorney General and should include an AGO approval signatory line and state, “approved as to form.”
To deviate from the required State Terms, the University must obtain approval from the Office of the Attorney General. If such approval is needed, the Office of the General Counsel will forward the contract to the OAG for review and/or final approval.
Any revisions made to a contract after it has been finalized, must be initialed by both signatories at the time of execution. Simple revisions can be handwritten onto the contract at the time of execution. If a complex revision is needed after the contract has been finalized, the contract specialist should consult with the Office of the General Counsel to ensure the first approval remains valid.
Contractor Name Change
UConn’s standard contract language requires a contractor to seek prior consent from UConn before assigning an agreement, in whole or in part. If a contractor has attempted to assign an agreement without UConn consent or where a contractor sends notice of an intended assignment, and the University is agreeable to such assignment, please contact The Office of General Counsel.
The documentation needed to effectuate such change depends on the circumstances giving rise to the name change. A contract amendment cannot be processed until the required documentation is on file.
Often, the documentation needed can be obtained from the secretary of state’s office or by executing an Assignment & Assumption Agreement on the AG’s standard form.
Authority To Execute University Contracts
Once the form of the contract is finalized, appropriate signatures must be obtained to properly execute the contract. Only University administrators who are duly authorized to execute contracts by the Board of Trustees and President may sign contracts on behalf of the University. When a contract is executed by the contractor, please deliver the final contract to a duly authorized University official with delegated contract signing authority by the President.
The documents and links at right provide detailed information related to contract submission, including general guidelines, information regarding University personnel authorized to sign contracts, the State Terms and Conditions, and links to departments with whom The Office of the General Counsel frequently works to finalize contracts on behalf of the University.
How To Accept & Document Gifts To The University
At times, University Staff and Faculty are approached by an outside party who wishes to make a gift to the University. Gifts can include real, personal and/or intellectual property. To properly document the gift, the donor should be provided the Deed of Gift form. After the donor has completed the form, the following University personnel are authorized to accept a gift:
- Gift(s) valued at less than $100,000 may be approved and accepted by the Dean of the College or School receiving the gift.
- Gift(s) valued at $100,000 or more must be approved and accepted by the University’s Provost or other such signatory as designated by the Provost.
- Gifts not directed to a College or School must be accepted by the Provost or other such signatory as designated by the Provost
If a donor wishes to use their own form, or a different process entirely, please contact The Office of General Counsel for assistance.