The individual initiating the contract on behalf of the College (the “contract initiator”) and subsequent reviewers are responsible for reading the entire contract and determining that its content, objectives, definitions, and terms:
In addition, contract initiators are responsible for ensuring that contracts:
Finally, contract initiators are responsible for arranging for:
Levels of risk exist in all contracts. A key responsibility of the contract initiator and subsequent reviewers is to assess the institutional risk of a contract. If a contract initiator is concerned about risks being assumed by the College under the terms of the contract, the contract initiator should contact the Vice President of Campus Services, in his or her capacity as Risk Manager.
The Dean or Director of the Department initiating the contract is responsible for:
All contracts must be signed by both parties. Execution on behalf of the College must be done in accordance with the Delegation of Signature Authority by the Board of Trustees.
In addition, those employees with contract signing authority pursuant to the policy may delegate contract signing authority to their department heads by preparing a Delegation of Signature Authority.
The contract signer (authorized by the policy or by delegation) is responsible for 1) reviewing and signing the contract, 2) ensuring that all mandatory reviews have been done, and 3) sending the signed original contract to the responsible office for storage and management.
The Director of Purchasing is responsible for:
Receiving a copy of all contracts from the contract initiator with the completed Contract Review Request and Checklist.
Reviewing all contracts (for goods and services) to ensure that:
All purchasing policies have been followed including, appropriate bidding procedures, etc.
The department has obtained the best pricing available, when applicable.
Exclusive purchasing agreements with specific vendors have been adhered to.
A new contract does not result in the breach of an existing contract.
All required clauses are present.
All prohibited clauses have been addressed.
Contacting the initiating department to discuss any issues which arise from his/her review of contract.
Determines and facilitates, if necessary, if additional review by other departments is required.
All such contracts should be sent electronically in Microsoft Word format (not in “pdf” format), with a copy to the College official authorized to sign the contract.
The Office of the General Counsel is responsible for reviewing all (i) non-form and (ii) non-standard form contracts to ensure that:
All contracts requiring the College to pay out more than $50,000 and all contracts involving unique risks and liability to the College (regardless of the monetary amount of the contract) should be reviewed and approved by the Director of Purchasing before submission to the authorized official for signature. Exceptions to this advance review requirement are purchase orders and contracts using templates previously approved by the Office of General Counsel (see below).
The College has developed many standard form contracts for particular types of transactions, particular vendors, etc. for use by College departments found at http://barnard.edu/contract-management/downloads. The Office of General Counsel will work with departments to develop additional form contracts, as necessary. Once a form contract is approved by the Office of General Counsel, the department may use such form agreements without individual review by the Office of General Counsel, so long as it is used for the particular type of transaction and/or vendor for which its use has been approved and the form remains unchanged (except for filling-in blanks, where applicable). The Office of General Counsel will review the form contracts every several years to promote continuing conformity with legal requirements.
Purchasing & Stores