CCE Contract Training

1. Program Related Contracts CCE Contract Training

2. Julie Tate Director, Contract Administration 325-1567 julietate@ou.edu Patty Elliott Assistant Contract Administrator 325-5437 pelliott@ou.edu Alicia Crawford Contracts Law Clerk 325-9370 ccecontracts@ou.edu

3. PCS WEBSITE: http://www.pcs.outreach.ou.edu/admin/outreachcontractpoliciesandsamples.html 3

4. Company Profiles Pre-Award Agreements Contract Award Types Contract Payment Types Budget Reductions Routing AGENDA • Signature Authority • House Bill 1804 • E-verify • Accessibility • Billing Period • Secondary Contracts

5. Company Profile Required for any company (for profit or non-profit), and individual Independent Contractors $50,000 or over with whom we are going to have any type of business agreement (other than the exceptions listed on the next screen)

6. Company Profile You DO NOT have to fill out the Company Profile information if you are contracting with the following: * Any governmental agencies i.e. federal, state, city/municipality* Any individual independent contractors less than $50,000 * Any conference service providers i.e. hotels, charter bus companies, AV companies, exhibitors... * Any service providers from whom we are merely making a purchase i.e. cable company, equipment maintenance, parties from whom we are leasing space....* Any company with whom you have done business for at least one year and who currently has an active contract.

7. COMPANY PROFILE The Company Profile form can be found online and e-mailed to Patty Elliott, pelliott@ou.edu or you can submit it hardcopy. To ensure the accuracy of the information please contact the company when filling out the profile.

8. Pre-Award Agreements • MOU- use a memorandum of understanding instead of teaming agreement if both parties are OU entities • Letter of Intent/Support – less formal, basically states parties are working together • Teaming Agreement – formal agreement between the parties, sets out terms of the arrangement – who will be prime and sub or vendor • NDA- confidentiality/non-disclosure agreement

9. Teaming Agreements • Done during the pre-proposal process: • Funding Source wants proof that you are collaborating with other party • To outline the terms under which the parties will be working together on a proposal • Is the relationship exclusive? • Who will be the prime? • The part of the proposal for which each party is responsible • One specific proposal or multiple opportunities • Is there a separate NDA?

10. Non-disclosure Agreements The Teaming Agreement has a confidentiality clause, but if the parties are sharing very sensitive/proprietary information, you may want an NDA which provides additional language and protection. All confidentiality clauses (ours or theirs) must include an exception for the Oklahoma Open Records Act.

11. Sponsored Program contracts require comprehensive record keeping and audit trails. E&G contracts do not require as high a degree of financial or record keeping responsibility. Contract/Award Types

12. The contract meets any one of the following 3 criteria: • Federal or federal flow-through dollars; or • Audit/record-keeping requirements; or • Sponsor’s language indicates that they perceive this to be a Sponsored Program (e.g. includes Indirect Cost, F&A, OMB Circular A-21, A-110, CFDA#, etc.) Sponsored Program Contracts

13. The requirements of the contract do not cause it to be a Sponsored Program. Direct costs and “administrative costs/fees” are acceptable in E&G contracts, “indirect costs or “F&A” are not. E&G/Fee-for-Service Contracts

14. E&G/Fee-for-Service Contracts The funds are from a private company/non-profit; or The funds are from a state agency with no federal flow through and there are no audit requirements; or Program is self-funded (registration fees)

15. Federal Awards

16. FederalAwards Grants - to accomplish a public purpose and “no substantial involvement” is expected between the Federal Government and the recipient during performance of the contemplated activity.

17. FederalAwards Contracts - the principal purpose of the instrument is acquisition of property or services for the direct benefit or use of the Federal Government and there may be substantial involvement by the government.

18. FederalAwards Cooperative Agreements - to accomplish a public purpose and “substantial involvement” is expected between the Federal Government and the recipient during performance of the contemplated activity.

19. Cost Reimbursable • Fixed Price (Fee) • Fixed Rate • Time and Materials Payment types forE&G & Sponsored Programs

20. Cost Reimbursable: Contractor is reimbursed for actual costs plus a pre-approved/negotiated indirect cost rate. • (Low financial risk, high documentation and audit requirements.) • Usually Sponsored Programs • 2. Actual costs plus negotiated indirect cost rate. • 3. Normally have a budget attached • 4. Must contain “not to exceed $____” or “an anticipated amount of $____” • 5. Will normally have stringent audit requirements Payment types

21. Fixed Price (Fee): Stipulates the exact amount to be paid for the services or products being purchased. • (Higher financial risk because can make or lose money on the project, same fixed price regardless of actual cost. Lower documentation requirements, & low or no audit requirements) • Usually E&G contracts • Must have very specific scope of work • No budget may be attached (only internal) • No indirect costs listed in contract • Stays a firm fixed price regardless of actual cost. • Billing relates to deliverables, NOT to actual costs. (May be billed monthly, or by deliverable timeline) Payment types

22. Fixed Rate: Stipulates the amount that will be paid per “unit” for the services or products being purchased. (Low to medium financial risk, medium documentation and audit requirements.) 1. Can be E&G or Sponsored Programs 2. Fixed amount for every “unit(s)” 3. Number of units can be known or unknown 4. Can have different types and amounts of units 5. “Not to exceed $____” 6. No budget attached, but can attach a rate sheet 7. Billing must be based on units used, not actual cost 8. Unit(s) can be hours, days, course, students or other deliverables Payment types

23. Time and Materials (RARE): Provides for acquiring supplies or services on the basis of: (a) Direct labor hours at fixed hourly rates that include wages, overhead, general & administrative expenses… (loaded labor rates); and (b) Materials at cost. (Low financial risk, high documentation and audit requirements) 1. Usually Sponsored Programs 2. Time = loaded labor rate (labor + fringe + F&A) 3. Materials = at actual cost plus any IDC (or all IDC may be loaded into the labor rate) Payment types

24. Prime Agreements, OU Is Vendor If the other party is the prime, they will usually give you their contract. You will need to give them our contract checklist.

25. Prime Agreements, OU Is Vendor If they ask you for a contract, use our “Prime Agreements, OU is Vendor” template. We also have a prime agreement specifically tailored for Oklahoma State agencies.

26. If your prime contract budget is reduced, you must reduce the SOW proportionately. Budget reductions

27. Routing Sheets • (for contracts to be signed by Dr. Pappas) • Routing for contracts and awards: • Sponsored Programs - Blue • E&G - Yellow

28. Routing Sheets (for contracts to be signed by Dr. Pappas) Teaming Agreements and Non-disclosure Agreements don’t go through Sponsored Programs during the signature process, but if you submit a Sponsored Program proposal, then include the Teaming Agreement and/or NDA in the pink packet for the proposal.

29. Signature Authority No dollars involved (i.e. teaming agreements and non-disclosure agreements) – Dr. Pappas

30. Signature Authority • E&G (PCS and Support Services) • $50,000 or less – Dr. Biscoe, • Cal Hobson • Over $50,000 – Dr. Pappas • E&G (Advanced Programs) • $125,000 or less – Dr. Little • Over $125,000 – Dr. Pappas

31. Sponsored Programs Original funding agreements (regardless of dollars) – Dr. Pappas Subcontracts and Vendor Agreements under a sponsored program $25,000 or more – Dr. Pappas under$25,000 – Dr. Little, Dr. Biscoe, Cal Hobson Signature Authority

32. PUBLIC BENEFIT • The University is required to ensure that no public benefits are provided to individuals 14 years or older unless they have verified their lawful presence in the United States in accordance with Okla. Stat. Ann. title 56, §71. House Bill 1804 32

33. PUBLIC BENEFIT • If your program gives a public benefit, “money without work in return,” you must get an affidavit as to the legal status of the recipient and if they are not a citizen verify their status through the Systematic Alien Verification for Entitlements (SAVE) Program. House Bill 1804 33

34. House Bill 1804 PUBLIC BENEFIT Services such as training, food and call center information do not require verification. Monetary benefit, such as scholarship, stipend and tuition waiver does require verification. A memo must be included in the file for exceptions. For incentive cards, call Julie.

35. House Bill 1804 PUBLIC BENEFITVERIFICATION Notarized Public Benefit Affidavit of Lawful Presence; and if not a citizen Verification through the Systematic Alien Verification for Entitlements (SAVE) Program.

36. AFFIDAVIT VERIFYING LAWFUL PRESENCE IN THE UNITED STATES FOR PUBLIC BENEFITS Effective 11/1/2007 any person fourteen (14) years of age or older who receives public benefits under the provisions of Title 56 O.S. Supp Section 71 must execute an affidavit under penalty of law stating that they are a U.S. citizen or a qualified alien. Last Name:_______________First Name________________ Middle Name______ [Print or type applicants full name above] I, __________________, upon oath and under penalty of perjury, do swear as follows: Initial one option below and fill in required information. ________ Option 1 – Verification of Citizenship: I am a United States Citizen ________ Option 2 – Affidavit Verifying Qualified Alien Status: I am a qualified alien under the federal Immigration and Naturalization Act, and I am lawfully present in the United States. For verification purposes, I am including my Alien Number. Alien Number: ________________________   ___________________________ (Signature of Applicant) (notary)

37. Federal law § 508 and state law (EITA Standards) require that software and websites be accessible to the disabled. Most of our prime contracts require language stating that we are in compliance with those requirements. If you have software or websites that are not in compliance, they need to be a priority until you get them compliant. ACCESSIBILITY

38. Accessibility language must be flowed down to contractor you are using for software or websites. ACCESSIBILITY

39. We are having to include tougher language from funding agencies about not paying us for bills which weren’t submitted in a timely manner. We have one large state agency saying that they won’t pay for invoices if more than 90 days after service. Department needs to monitor its service and independent contractor agreements to be sure they’ve billed in a timely manner. BILLING PERIOD PRESSURE

40. DO NOT SUBMIT SECONDARY CONTRACTS UNTIL YOUR PRIME IS FULLY EXECUTED. (Some exceptions for OK state contracts, but you must have verification of their intent to contract with us.) Secondary contracts

41. Julie Tate Patty Elliott Director, Contract Assistant Contract Administration Administrator 325-1567 325-5437 julietate@ou.edupelliott@ou.edu Alicia Crawford Law Clerk 325-9370 CCEContracts@ou.edu PCS WEBSITE: http://www.pcs.outreach.ou.edu/admin/outreach contractpoliciesandsamples.html