CCE
CONTRACT
TRAINING
Program Related Contracts
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
PCS WEBSITE:
http://www.pcs.outreach.ou.edu/admin/out
reachcontractpoliciesandsamples.html
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AGENDA

Company Profiles

Signature Authority

Pre-Award Agreements

House Bill 1804

Contract Award Types

E-verify

Contract Payment Types

Accessibility

Budget Reductions

Billing Period

Routing

Secondary Contracts
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)
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.
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.
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
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?
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.
Contract/Award Types

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.
Sponsored Program Contracts
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.)

E&G/Fee-for-Service Contracts
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
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)
Federal Awards
Always
Sponsored
Programs
Federal Awards
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.
Federal Awards
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.
Federal Awards
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.
PAYMENT TYPES FOR
E&G & SPONSORED PROGRAMS
Cost Reimbursable
 Fixed Price (Fee)
 Fixed Rate
 Time and Materials

PAYMENT TYPES
Cost Reimbursable: Contractor is reimbursed for
actual costs plus a pre-approved/negotiated
indirect cost rate.
(Low financial risk, high documentation and audit
requirements.)
1.
2.
3.
4.
Usually Sponsored Programs
Actual costs plus negotiated indirect cost rate.
Normally have a budget attached
Must contain “not to exceed $____” or “an
anticipated amount of $____”
5. Will normally have stringent audit requirements
PAYMENT TYPES
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)
1.
2.
3.
4.
5.
6.
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
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
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)
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.
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.
BUDGET REDUCTIONS
If your prime contract
budget is reduced, you
must reduce the SOW
proportionately.
Routing Sheets
(for contracts to be signed by Dr.
Pappas)
Routing for contracts and awards:
• Sponsored Programs - Blue
• E&G - Yellow
Routing Sheets
(for contracts to be signed by Dr. Pappas)
Teaming Agreements and Nondisclosure 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.
SIGNATURE AUTHORITY
No dollars involved (i.e. teaming
agreements and non-disclosure
agreements) – Dr. Pappas
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
SIGNATURE AUTHORITY
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
HOUSE BILL 1804
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.
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HOUSE BILL 1804
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.
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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.
HOUSE BILL 1804
PUBLIC BENEFIT VERIFICATION
1. Notarized Public Benefit Affidavit
of Lawful Presence; and if not a
citizen
2. Verification through the Systematic
Alien Verification for Entitlements
(SAVE) Program.
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)
ACCESSIBILITY
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
Accessibility language must be
flowed down to contractor you
are using for software or
websites.
BILLING PERIOD PRESSURE
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.
SECONDARY CONTRACTS
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.)
Julie Tate
Director, Contract
Administration
325-1567
julietate@ou.edu
Patty Elliott
Assistant Contract
Administrator
325-5437
pelliott@ou.edu
Alicia Crawford
Law Clerk
325-9370
CCEContracts@ou.edu
PCS WEBSITE:
http://www.pcs.outreach.ou.edu/admin/outreach
contractpoliciesandsamples.html