Contracts management
Contracts are important legal documents that protect the interests of the University and its clients and affiliates. Sound management of contracts is critical to the University's ongoing operations and is a central element in the University's risk management strategies.
The legal services team offer:
- assistance with contract planning, drafting, review and negotiation
- contract dispute resolution
Contracts can sometimes be unintentionally entered into by verbal agreement (that is, without a written agreement). Contracts should not be entered into by verbal agreement. If the other party asserts this happened and you are unsure or disagree, contact legal services immediately.
Non-research contracts
Non-research contracts should be submitted to the dedicated college or portfolio contracts officer for review and formal recommendation to be signed on behalf of the University by the appropriate authorised signatory.
If an academic staff member performing a consultancy wishes to use the outcomes of the consultancy to publish, or if the contractor is intending to make the results of the consultancy public, the consultancy should be referred to the Research Development and Support Office as a potential research contract.
Use the non-research certification form to obtain early 'in-principle' approval for non-research, income generating activites.
Research contracts
All research contracts must be submitted through the Research Development and Support Office for review and recommendation to be signed on behalf of the University. In most cases the contract will be signed by the Deputy Vice-Chancellor (Research) (expenditure contracts up to $500k & non expenditure unlimited) or Director, Research Development and Support (for contracts up to $100k).
Research Development and Support should be contacted to assist in the development and negotiation of research contracts as early as possible and for further information.
Use the research certification form to obtain the required approvals before submitting an application for funding.
Authority to sign contracts
The University's Policy on the Delegation of Authority to Enter into Contracts establishes the principles, processes and requirements under which delegation of authority to enter into contracts must be exercised.
Only staff authorised under the provisions of the University's Policy on the Delegation of Authority to Enter into Contracts may sign contracts and other legally binding instruments on behalf of the University.
As indicated in the University's Policy on the Delegation of Authority to Enter into Contracts, contracts can be authorised only by original signatures in ink. Oral contracts, which are contracts made verbally, when one party promises to provide goods or perform services in return for a form of payment, must be avoided. Oral contracts are as enforceable as written contracts. When discussing the terms of a contract that is being developed, staff should take care not to bind themselves and/or the University inadvertently. Contact Legal Services if a party claims that you have entered into an oral contract.
International and offshore activities
Contracts with an international partner will normally be signed by the Pro-Vice-Chancellor (International) (contracts up to $200k). Advice must be sought from the International Centre about the format and content of a contract or Memorandum of Understanding with an international partner, whether for activities conducted offshore or within Australia.
Collaboration with TAFE
Staff who are seeking to develop cooperative arrangements between the University and programs offered through the TAFE system should consult:
- Guidelines for Developing Agreements relating to Cooperative Arrangements between Flinders University and TAFE-SA.
- Template for agreements relating to cooperative arrangements between Flinders University and TAFE-SA
If a variation to the contract is needed, refer to:
Note: these guidelines do not replace professional advice. University staff should consult with staff in College offices and the Policy and Secretariat about the drafting of contracts or agreements.
Procedures
The area that first receives or drafts a contract is responsible for ensuring that good records are maintained. It is important that there is a complete evidence trail in relation to the negotation process of a contract.
All contracts can be submitted for review and signature using the appropriate request in Service One.
For each contract to be signed, the officer recommending that the contract be signed is required to sign the Section B Recommendation of the Report of Entry into Contract for referral to the authorised signatory with the contract for signature.
This form confirms that the officer signing the contract has the required authority and that any risks associated with the Contract have been addressed. The Authorised Signatory should sign the contract and the Section C Declaration of the Report on Entry into Contract form at the same time.
All research contracts must be submitted through the Research Development and Support office for review and formal recommendation to be signed. The top of the ROEC form has provision for the ResearchMaster ID. Research Master is a database used by the Research Development and Support Office to support their research project and contracts administration activities.
The officer who recommends the contract be signed should be an appropriate officer commensurate with the contract value and/or level of risk, or there should be documentary evidence on the record that an appropriately senior officer has also approved the contract being entered into.
Documentation recording advice from University officers on specific matters or risks associated with the contract should be provided with the contract for signing and be accessible to the authorised signatory on the relevant file. In addition, the Research Development and Support office will require a Certification form for any contract for external research funding. The Grants Finance Office will require this form to be completed before establishing an account for any external funding.
The contract services team is responsible for ensuring execution by all parties and lodging the contract on Content Manager(TRIM).
The registration information stored in TRIM assists the University to:
- track the progress of contracts ie. partially or fully signed, or terminated;
- meet external and internal reporting requirements;
- track when contracts may need to be renewed or varied.
Refer to the TRIM page for more information on the Records Management System Rules the procedures for registering a legal document and contact information.
Frequently asked questions
When do I need to engage a contracts officer?
Contracts officers assist professional and academic staff to negotiate, document and manage the University’s relationships with third parties. You will need to engage with us in a wide variety of circumstances.
You should contact us when you:
- Want to engage a third party on behalf of the University (including engaging teaching staff as contractors)
- Are presented with a document which seeks to bind the University in any way
- Obtain funding or gifts from external sources
- Wish to download or purchase new software
- Are asked to sign a document on behalf of the University
- Wish to terminate or end the University’s relationship with another party
- Wish to renew or vary an existing contract
The above list is not exhaustive. Please contact us if you are unsure of whether our involvement is required. We are happy to help.
How should I engage with my contracts officer?
Use Service One to initiate your query.
What can I expect when I engage with a contracts officer?
We endeavour to respond to all inquiries within 48 hours.
Generally, you can expect us to:
- Read any documents you provide us.
- Recommend changes to those documents, if required.
- Engage with Legal as necessary.
- Negotiate with the other party on your behalf.
- Arrange execution of your contract.
- Upload a copy of your contract to Content Manager.
- Aim for completion of your job within two weeks.
I’ve lodged an inquiry with a contracts officer. What are my responsibilities?
You will need to provide us with accurate and timely instructions to progress your matter. Your responsibilities will not end when the contract has been signed. Refer to our Contract Manager Responsibilities guide for further information.
How do I engage a contractor?
We prefer to engage contractors using the terms set out in our Independent Contractor Services Agreement.
At the time of making contact with us, please provide:
- The name of your contractor, their ABN / ACN (if any), address and contact details.
- A brief description of:
- the services that your contractor will provide
- the desired outcome or result of the engagement
- the product to be provided (if any).
- The timeframe in which the contractor will provide the services, being either:
- A start date and end date, or
- A defined term (eg: one month) and the commencement date.
- The price to be paid by the University, together with any written quotes you have obtained.
We will use this information to prepare a draft ICSA for you to review.
Do I need to obtain any quotes?
You will need to obtain more than one quote if your proposed spend exceeds $5,000.
If your proposed spend is $5,000 or more, but you do not propose to obtain more than one quote, you must complete an Exemption from Quotation Form.
Depending on the spend amount, the exemption must be approved by the Director, College Services or the Vice-President and Executive Dean of your College.
The University’s Purchasing Policy sets out the expectations regarding quotations in further detail.
Can I sign a document electronically?
You may only sign a document electronically if you are an authorised user of Adobe Sign and you use that software to affix your signature.
Digital / electronic signatures are not otherwise acceptable.
Who can sign a contract on behalf of the University?
Most College contracts can be signed by the Director, College Services or the Vice-President and Executive Dean.
View the University’s Delegations of Authority to Enter into Contracts policy.
Your contracts officer will advise you on the appropriate signor of your contract.
Contracts executed on behalf of the University are stored in Central Records (hard copy) and/or Content Manager (soft copy). If you do not have access to the Content Manager software, your contracts officer can help you to find what you are looking for.
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