THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON ISSUED DATE: 07/25/02 LOGISTICS/ACQUISITION OPERATING PROCEDURES REVISED DATE: 05/08/12 ------------------------------------------------------------------------------------------------------------------------------------------------SECTION 2.0 PROCUREMENT SUBJECT 2.32 BILATERAL AGREEMENTS GENERAL INFORMATION This procedure is issued to establish effective guidelines for processing and routing of Bilateral Agreement consistent with applicable rules and regulations. AUDIENCE Applicable to all Procurement Staff and designated Satellite Buyers DEFINITION For the purpose of this procedure, Bilateral Agreements are defined as agreements that must be signed by an authorized representative of each party to the agreement in order for the agreement to become effective (i.e., for UTMB, an agreement that is effective upon being signed by the Contractor and UTMB) GUIDELINES 1. All Bilateral Agreements, regardless of the amount, shall be reviewed by the responsible Purchasing Supervisor to determine its proper disposition (i.e., whether it should be executed within Purchasing or sent to Legal Affairs). 2. If the Agreement will be sent to Legal Affairs, the responsible buyer shall: 2. If the Agreement will be executed within Purchasing, the responsible buyer shall: 3. Complete the “Contract Routing Approval Form For Chief Purchasing Agent or Purchasing Manager Signature” (ref. Attachment B) Submit the Agreement, “Contract Checklist” and the “Contract Routing Approval Form” to the Purchasing Supervisor for review and approval Upon approval from the Purchasing Supervisor, the responsible buyer shall: 4. Review the Agreement against UT System Office of General Counsel’s “Contract Checklist” (available athttp://www.utsystem.edu/ogc/checklists/sccklist.htm)). Complete the “Contract Checklist and “Contract Routing Approval Form” (ref. Attachment A) Submit the Agreement, “Contract Checklist” and the “Contract Routing Approval Form” to the Purchasing Supervisor for review and approval Make a copy of each document and place in the procurement file If the Agreement will be sent to Legal Affairs; Forward an “original” or electronic version of each document to Legal Affairs for processing If the Agreement will be executed within Purchasing; forward an “original” of each document to the Purchasing Manager for review and approval. Upon receipt of a fully executed copy of the Bilateral Agreement, the responsible buyer shall create and enter the Agreement into the automated Contract Management System, in accordance with Logistics/Acquisition Procedure 3.40 (New Contract Set-Up Process). EXCEPTIONS 1 There will be no exceptions unless by formal addendum to this procedure or other formal written exception by the Chief Purchasing Agent. REFERENCES UT System Policy UTS145 (Processing of Contracts) UT System Office of General Counsel’s “Contract Checklist” Logistics/Acquisition Procedure 2.33 (Procurement Review Process) Logistics/Acquisition Procedure 3.40 (New Contract Set-Up Process) 2.36 Bilateral Agreements Approved: Jeffery Bonnardel, C.P.M. Chief Purchasing Agent Attachments: A – Contract Routing Approval Form B – Contract Routing Approval Form For Chief Purchasing Agent Signature 2 ATTACHMENT A CONTRACT ROUTING APPROVAL FORM Contract Information Legal File No.: _____________________ Req./Contract No.: __________________________________ Contractor: ____________________________________________________________________________ Description of Product/Services: ___________________________________________________________ ______________________________________________________________________________________ Amount: $_______________________ Contract Term: _________________________________________________________________________ Requesting Department: __________________________________________________________________ Department Contact: _____________________________________ Phone No.: ______________________ Acquisition Review Contract meets all “Best Value” Procurement Requirements: Yes _____; No ______ If no, please explain: _____________________________________________________________________ DIR Approval Required: Yes _____; No ______ Proceed with Contract Preparation: Yes _____; If Yes, has DIR Approved: Yes _____; No ______ No ______ Comments: ____________________________________________________________________________ Reviewed By: ________________________________________ Phone: ___________________________ Legal Review Contract meets all Statutory Requirements: Yes _____; No ______ If no, please explain: _____________________________________________________________________ OGC Approval Obtained: Yes _____; No ______ Comments: ____________________________________________________________________________ 3