University Policies and Procedures Manual (previously Business Policies and Procedures Manual)
General University Contract Policy
UPPM 65.01
For more information contact:
Finance and Operations
509-335-5524 / VPFA@wsu.edu
Contents
1.0 Policy and Purpose
Adherence to clear, consistent policies and procedures regarding contracting helps ensure the University’s compliance with relevant laws, regulations, and best practices while promoting transparency, efficiency, accountability, and good stewardship of University resources.
The policies in UPPM Chapter 65 outline the principles and procedures governing contracts processed by Procurement and Contract Services, employees with delegated contracting authority, and, where indicated, other central contract administration offices (see list in Section 4.0).
Note: Not all University procurement requires a contract (see UPPM 70.03 (Allowable Purchases by Function)). When a written contract is required by either party, it must be reviewed and approved in compliance with this policy, UPPM 65.02 (Development and Administration of University Contracts), and UPPM 65.03 (Authority to Execute University Contracts).
2.0 Definition of Contract and Standard Contract Types
Contract: For purposes of this policy, a contract is a written document that creates a legally binding obligation on the University. The title of the document may vary and is not always relevant to whether the document is a contract. A contract may be titled as an agreement, a memorandum of understanding, an affiliation agreement, a memorandum of agreement, a promise to pay, a letter of intent, a license, or may use other terminology. A contract may or may not involve the payment of money.
Standard Contract Types:
Note: UPPM 65.03 (Authority to Execute Contracts) includes a delegation matrix that sets forth the signature authority held by each delegate, including the types of contracts the delegate may sign and limitations as to scope and amount.
The standard types of University contracts and their definitions, for purposes of this chapter, are as follows:
- Affiliation – Single Program: Contracts to establish student internships, placements, or other professional or clinical experiences obligating a single WSU program. Does not include international affiliations, which require International Agreement or International MOU authority.
- Affiliation – Multi-Program: Contracts to establish student internships, placements, or other professional or clinical experiences obligating one or more WSU programs. Delegates with multi program affiliation agreement authority also have single program authority. Does not include international affiliations, which require International Agreement or International MOU authority.
- Articulation: Contracts for transfer of academic credit or coursework.
- Attorney Services: Contracts to retain the services of attorneys for University business.
- Business Associate: Contracts for the sharing of “protected health information” under the Health Insurance Portability and Accountability Act between a “covered entity” and a “business associate” as defined at 45 CFR 160.103.
- Collective Bargaining: Contracts between WSU and the exclusive union representative of a subset of WSU employees.
- Construction: Contracts and other written instruments for the predesign, design, and construction of WSU owned or operated buildings and facilities. (See also UPPM 80.56.)
- Data Use or Data Sharing: A contract between two or more parties that outlines the scope, rights, responsibilities, and limitations applicable to the sharing of data between the parties. Does not include Business Associate Agreements.
- Employment: Contracts for the hiring and retention of college deans, campus chancellors, executive vice presidents, vice presidents, Athletics coaches, and certain other high-level University administrative employees (typically direct reports to the President). Any employee with this authority must also hold appointing authority as set forth in UPPM 60.10 (Delegation of Appointing Authority).
- Facility Use (Non-WSU Facility): Contracts for the use or rental for fewer than 30 calendar days of facilities not owned or controlled by WSU. If the term of the agreement (e., total duration) is 30 calendar days or more, Real Property contract authority is required, regardless of whether the use within that term is intermittent. This contract type does not include Lodging and Ancillary Services.
- Facility Use (WSU Facility): Contracts for the use or rental for fewer than 30 calendar days of facilities owned or controlled by WSU. If the term of the agreement (e., total duration) is 30 calendar days or more, Real Property contract authority is required, regardless of whether the use within that term is intermittent. See WAC 504-35 for WSU facility use regulations.
- General Business: Contracts, not included in other standard contract types set forth in this section, for general and/or miscellaneous business, academic, administrative, and financial matters.
- Gifts and Bequests: Contracts for the receipt, acceptance, and use of gift funds.
- Graduate Medical Education (GME): Contracts regarding the establishment and operation of graduate medical education programs, including annual services/financial agreements and agreements regarding the recruitment and employment of medical residents.
- Grants (Industry-Sponsored): Contracts with corporations or commercial entities for grants and sponsored projects, including receipt of grant funds. Includes funding instruments, awards, and award modifications.
- Grants (Non-Industry Sponsored): Contracts with governmental and other non-industry entities for grants and sponsored projects, including receipt of grant funds. Includes funding instruments, awards, and award modifications.
- Information Technology (Non-Equipment): Contracts for the purchase, use of, or access to software, cloud services and/or storage, artificial intelligence technologies, and related items. (See also UPPM 70.24.)
- Insurance: Contracts for the purchase of insurance or for insurance coverage for WSU properties or activities.
- Interagency/Interlocal/Cooperative: Contracts with other federal, state, local, or international governmental entities, including but not limited to those pursuant to the Interlocal Cooperation Act, RCW Chapter 39.34.
- International Agreements: Contracts with foreign partner universities, institutions, governmental entities, or other entities which commit WSU and/or the other party to provide specific services or activities, and which are legally binding. (See UPPM 65.05 (International Memorandums of Understanding and Agreements.))
- International Memoranda of Understanding: Contracts with foreign partner universities, institutions, governmental entities, or organizations which contain a general, nonbinding statement of intent to cooperate and explore collaborative activities. (See UPPM 65.05.)
- Investment: Contracts and other written instruments for the investment of funds and acquisition or disposal of stocks, bonds, or other financial instruments.
- Legal Settlements: Contracts for the settlement of legal claims.
- Licenses/Options: Contracts for trademarks, copyright, or the granting of licenses or options for WSU intellectual property. (See also UPPM 35.55.)
- Lodging and Ancillary Services: Contracts for hotels and lodging for stays of less than 30 calendar days, including ancillary services provided by the lodging establishment (such as conference services, audio/visual/technical services, contracted meals, and meeting rooms). Note: Certain contracts for lodging and ancillary services may fall into the “policy-based authority” category, which allows for signature without delegated authority under limited circumstances. (See UPPM 65.03.)
- Maintenance and Repair: Contracts for maintenance, repair, or improvements to WSU facilities and infrastructure.
- Material Transfer: Contracts for the transfer of materials to or from WSU for research or testing purposes.
- Name, Image, Likeness (NIL): Contracts for use of a student athlete’s name, image, and likeness for advertising, promotion, or other commercial purpose.
- Nondisclosure: Contracts under which WSU or the other party provides and/or receives and agrees to protect from disclosure confidential or sensitive information such as trade secrets, intellectual property, or proprietary information. Does not include Data Use or Data Sharing agreements.
- Performers and Speakers: Contracts for performers and speakers (not including employee training).
- Preauthorized: Contracts that have been preauthorized or pre-allocated by the WSU Board of Regents.
- Purchasing (Goods): Contracts for the procurement of goods, supplies, materials, and equipment. (See also UPPM Chapter 70.)
- Purchasing (Personal Services): Contracts for the purchase of personal services, including professional services (economists, accountants, analysts and other specialists) and consultants. (See also UPPM 70.50.)
- Purchasing (Services): Contracts for purchased services, including services for equipment repair and maintenance (does not include Information Technology, Purchasing (Personal Services), or Performers and Speakers). (See also UPPM Chapter 70.)
- Real Property: Contracts and other written instruments regarding real property purchase and sale, easements, right-of-way, right-of-access, and use or rental of property or facilities for 30 calendar days or more. For property or facilities rental, if the term of the agreement (i.e., total duration) is 30 calendar days or more, Real Property contract authority is required, regardless of whether the actual facility use within the term is intermittent. (See also UPPM 20.45.)
- Reporting and Assurances: Reporting, certifications, agreements, and assurances required by state or federal regulations, or by other entities, to carry out WSU programs and policies.
- Revenue (Non-Service Center): Contracts for revenue to the University that are not included under other standard contract types.
- Revenue (Service Center): Contracts in which WSU is being paid to provide services in connection with an established service center, including auxiliary services.
- Sponsored Programs and Projects: Contracts and other written instruments for sponsored project proposals and related assurances and certifications. Does not include authority to sign funding instruments, awards, or award modifications (see Grants (Industry Sponsored) and Grants (Non-Industry Sponsored)).
- Travel: Contracts for transportation and other travel-related services, except for Lodging and Ancillary Services.
- Utilities and Energy: Contracts regarding utilities and energy, including heating, electrical, telephone, water, and sewage for WSU owned or operated facilities.
3.0 Scope and Applicability of Policy and Procedure
The procedures in this chapter apply to contracts processed by Procurement and Contract Services, employees with delegated signature authority and, where indicated, other central University contracting offices (see list in Section 4.0).
3.1 Procurement and Contract Services
Procurement and Contract Services processes a wide variety of University contracts. Generally, if a contract is not identified on the chart in Section 4.0 as being processed by another central administrative office, the contract must be submitted to Procurement and Contract Services for processing.
Procurement and Contract Services may also assist with or process any of the standard contract types defined in Section 2.0 if requested by a delegate or another central University contract administration office. For instructions on how to submit a contract to Procurement and Contract Services for processing, see the General Information about Purchasing website.
3.2 Contract Signature Delegates
All University contracts must be signed by an authorized University official, regardless of which University office administers the contract. Individuals who have been delegated authority to execute University contracts should periodically review and be familiar with the provisions of UPPM Chapter 65, which apply to all contract signature delegates.
For more information on delegation of contract authority, see UPPM 65.03. To determine which University employees have delegated contracting authority, see the delegation matrix in UPPM 65.03 Appendix 1.
4.0 Other Central Contract Administration Offices
Several central administrative offices other than Procurement and Contract Services review and/or process University contracts, as set forth in Table 1. These offices may have procedures that differ from the contract development and administration procedures in this chapter. However certain requirements, such as the requirement for delegated contract authority and the obligation to secure all necessary departmental reviews, apply to all University contracts. (See UPPM 65.02.)
Any University administrative office or contract delegate may request assistance from Procurement and Contract Services when an agreement is unusually difficult to draft or negotiate or requires executive-level involvement.
Table 1
|
Office |
Contract Type |
|
Attorney General’s Office |
Legal Settlements, Attorney Services |
|
Compliance and Risk Management |
Insurance, Attorney Services, Legal Settlements |
|
Facilities Services |
Construction, Maintenance and Repair (see also UPPM 80.56) |
|
Human Resource Services (HRS) and Office of the President |
Employment (see also UPPM Chapter 60), UPPM 60.10 (Delegation of Appointing Authority); Collective Bargaining Agreements |
|
International Programs |
International MOUs and International Agreements (as described in UPPM 65.05) |
|
Office of Research, Office of Commercialization |
Licenses/Options (see also UPPM 35.55) |
|
Office of Research, Research Support and Operations (ORSO) |
Grants (Industry and Non-Industry Sponsored), Material Transfer, Sponsored Programs and Projects (see also UPPM Chapter 40) |
|
Provost and Executive Vice President |
Articulation and Faculty Employment (see also UPPM 60.11 and Faculty Manual) |
|
Procurement and Contract Services |
See Section 3.1 |
|
WSU Foundation |
Gifts and Bequests |
|
Office of Research, Research Support and Operations (ORSO) |
Grants, Gifts, Material Transfer, Sponsored Programs and Projects (see also UPPM Chapter 40) |
5.0 Related Policies
- UPPM 65.02: Development and Administration of University Contracts
- UPPM 65.03: Authority to Execute University Contracts
- UPPM 10.65: University Ethics Policy
- UPPM 70.01: General Purchasing Information
- UPPM Chapter 70: Purchasing
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Revisions: Jan. 2026 (Rev. 650 – NEW).