Purchasing and Business Services Manual (PUR)

Interim Posting

Note: At the request of the provost, a vice provost, or a vice president, this policy has been posted in the interim between scheduled posting dates by University Policy Manuals Group because it has significant and urgent importance for the university community. This policy will be included in the publication process by the next feasible posting for online policies and procedures.


[horizontal rule]

Effective: 1/8/1987

Revised: 11/12/2014

[horizontal rule]
[ASU logo]

PUR 504–02: Contract Forms

[horizontal rule]

Purpose

[horizontal rule]

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

[horizontal rule]

Sources

[horizontal rule]

Arizona Board of Regents Policy Manual - 3-803
Purchasing and Business Services

[horizontal rule]

Policy

[horizontal rule]

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.


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.

Suppliers’ Contract Forms

Suppliers’ 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 chief procurement officer 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.

[horizontal rule]

Cross-References

[horizontal rule]

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.”

skip navigation bar
PUR manual | ASU policies and procedures manuals | Index of Policies by Title | PUR manual contact | Purchasing and Business Services Web site

Back to Top

Valid HTML 4.01 Transitional