Purchasing and Business Services Manual (PUR)

Effective: 1/8/1987

Revised: 3/1/2005

PUR 504–02: Contract Forms

Purpose

To prescribe the type of contract forms to be used for various procurements

Sources

Arizona Board of Regents Policy Manual - 3-803

Purchasing and Business Services

Policy

Specific contract forms must be used for consultants and independent contractors, and for construction-related work. Procedures for use of these forms are on the Purchasing and Business Services Web site.

General contract forms and the procedures for their use are on the Office of General Counsel Web site.

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Service Agreements and Miscellaneous

Purchase Orders

A purchase order may be used as a contract for service maintenance and other miscellaneous agreements provided complete information is included on the purchase order.

Vendors’ Contract Forms

Vendors’ contract forms for service agreements, software licensing, and other miscellaneous services may also be used provided the contract does not contain clauses unacceptable to the university.

The director of Purchasing and Business Services shall determine if a contract is acceptable for university use.

Unacceptable Clauses

Generally unacceptable are clauses that:

1. require the application of the laws of any state except Arizona in the interpretation, execution, and enforcement of the contract
2. require the university to hold other parties harmless or to assume liabilities that may be incurred by other parties

   (Hold harmless clauses often may be identified by the word “indemnify” in the agreement.)

3. state that the contractor’s terms prevail over any university terms in the event of conflict
4. require the university to pay taxes other than sales or use tax
5. extend the contract period beyond the date specified on the purchase order
6. impose a penalty on late payments
7. limit the liability of the contractor

   or

8. provide for binding arbitration of disputes unless conducted in accordance with Arizona Revised Statutes §§ 12–1501 to –1518 and the Arizona Board of Regents’ Policy Manual - 3-809 and that arbitration takes place in Arizona.

Cross-References

For additional information on contract forms, see:

1. PUR 402–01, “Personal/Professional Services”
2. the Financial Services Policies and Procedures Manual—FIN 421–01, “Guest Lecturers, Consultants, and Other Independent Contractors”
3. the Research and Sponsored Projects Policies and Procedures Manual—RSP 503–03, “Consultants, Lecturers, and Other Professional Services for Sponsored Projects”

   and

4. the Staff Personnel Policies and Procedures Manual—SPP 210, “Consultants/Independent Contractors.”

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