Advance Review by Requesting Department and Subject Matter Experts
Prior to submitting a request for review to the Office of General Counsel (OGC), requesting departments are responsible for reading the contract and ensuring the following:
(a) the contract and all documents that are incorporated by reference in the contract, including exhibits, appendices and terms and conditions, as well as fully executed copies of any applicable original agreements, any addenda/amendments to the original agreements and supporting documentation (if applicable), are attached when a contract is submitted to the OGC for review;
(b) the requesting department agrees with the contract terms and conditions, and has verified that SIUE can comply with all of the terms and conditions in the contract and have designated funding available to satisfy any and all financial obligations under the contract;
(c) the contract matches the verbal understanding of the parties, and all terms and conditions of the contract conform to the final negotiations and agreement of the parties;
(d) no real, potential or apparent conflict of interest exists in regard to the contract;
(e) all terms of the contract are accurate and acceptable (including, but not limited to, scope of work, pricing, due dates, payment requirements, confidentiality requirements, etc.);
(f) the contract has received the appropriate level of departmental and other required review prior to execution;
(g) the requesting department is knowledgeable of, will adhere to and monitor compliance, payment, expiration date and all other obligations under the contract;
(h) the requesting department will collect and maintain any required certificates of insurance, if applicable; and
(i) the requesting department will ensure compliance with all applicable policies or procedures in connection with the contract.
The requesting department shall ensure compliance with all policies and procedures regarding contract review. No contract should be executed until it has been reviewed and approved in advance by other units that are impacted by the terms and conditions and/or obligations of the contract and any relevant subject matter experts (e.g., ITS, Export Control, Risk Management, etc.).
The legal review of contracts by the OGC determines only the legal sufficiency of a contract. It is your department's responsibility to determine if the contract is appropriate and advisable from a business and/or administrative perspective.
