Standard Agreements

When contracting on behalf of the university, a Standard Agreement is required to commit university funds. Standard Agreements are for expenditures. If you will be collecting a fee for service rendered to an outside entity, please refer to the Fee for Service Agreement instead.

Using the University's Standard Agreement Template

Please contact Procurement Services or your business office for the most current Standard Agreement Template.

As of July 1, 2017, only the most current Standard Agreement Templates will be accepted for review and signature.  All other contract templates will be returned.

U.S. Citizenship Attestation Form

Using the university's Standard Agreement may also require an Attestation Form. This form needs to be completed by an individual (not a company) performing services. Effective October 1, 2009, service contractors shall use a federal immigration verification system to determine the work eligibility status of new employees physically performing services with the State of Nebraska. Service contracts with individuals for work done within the State of Nebraska must include a United States Citizenship Attestation Form.

Citizenship Attestation Form

Workflow using the University's Standard Agreement Template

  1. University department desires to enter into a contract with someone
  2. Department business office gathers information about the project:
    • Company
    • Payment
    • Term
    • Contact name
    • Description of services to be done (deliverables)
    • Payment schedule
  3. Business office contacts Procurement Services for the most current Standard Agreement Template
  4. The business office completes the template
  5. The business office sends the document to Procurement Services for review/edits
  6. If the document is approved by Procurement Services, the business office emails the document to the company for their review and signature
  7. If the company has no edits, they sign and email back to the business office
  8. If the Agreement is for less than $5,000 the Department Head, Dean, or Chair can sign
  9. If the Agreement is for $5,000 or more the business office emails the document to Procurement Services for signature. When all of the required signatures are obtained, Procurement Services will email the Agreement back to the business office
  10. The business office distributes the Agreement to the company and the contract originator
  11. Document is uploaded to the State
    (per LB 429)
    • If the document is signed by Procurement Services, Procurement will upload to the State
    • If the document is signed in the department, the department will upload to the State using Nebraska Contract System
    • The business office files the document according to their procedure

Using Another Company's Standard Agreement Template

Occasionally the company you are working with requires the use of their own template. This is possible when inserting the Board Of Regents requirements into another entity’s document. A common scenario is a hotel agreement where hotels have grown less flexible when contracting and require the use of their own template. Here is a list of things to look for prior to sending the template to Procurement Services for review or, if less than $5000, what to edit before the Department Head, Director, or Chair signs:

Item for ReviewComments
Naming the Board of Regents Only the public corporation called The Board of Regents of the University of Nebraska has the legal capacity to enter into a contract for the University. A University campus, a college, an institute, a school, a department, a center, a division, a clinic, or any other administrative unit of the University does not have the legal capacity to enter into a contract.
Governing Law Because the university is a State of Nebraska entity, we cannot agree to another state’s law. If the company we are contracting with cannot agree to Nebraska’s law, we must “reserve” this section and legal counsel for both parties will be heard before a court to determine venue in a dispute. The governing law section of a contract should never be omitted in its entirety; rather, the verbiage can be deleted, but the word “Reserve” should be inserted.
Arbitration/Mediation We can never accept this language. It must be stricken from the document.
Assignment The University does not want to allow assignment – it is preferable to know who we are doing business with. In many cases, especially with technology companies, it is a common practice for the company to be bought out. In these cases we always want to be sure that language is inserted stating that the university will be notified in writing.
Attorney’s Fees Typically the university does not wish to pay for attorney’s fees.
Indemnification This should be mutual.
Insurance Any individual or entity performing services for the University of Nebraska is required to provide a current Certificate of Insurance PRIOR to commencement of services.
Work Status Verification Necessary for work that is physically being performed in the State of Nebraska.
The Debarment List This language is required.
LB 429 Taxpayer Transparency Act This language serves to notify the company that we are required by Nebraska law to upload any expenditure contract to the State's website.
VEVRAA Federal Law – Required and written; “If applicable”.
Section 503 Federal Law – Required and written; “If applicable”.

Workflow Using Another Company's Standard Agreement Template

  1. University department desires to enter into a contract with someone
  2. The company has sent their template for review and signature
  3. The business office sends the document to Procurement Services for review
  4. Procurement makes edits to the company’s template and possibly creates an addendum with the BOR required language
  5. Sometimes the BOR language is incorporated into the company’s template. This depends on the format and language the template uses
    • Procurement will decide the best way to make sure that the BOR language is added
  6. Procurement sends the edited document back to the business office
  7. The business office sends the document to the company to review the university’s edits
  8. If the company accepts the university’s edits, they should sign and send back to the business office
  9. If the Agreement is for less than $5,000 the Department Head or Dean can sign
  10. If the Agreement is for $5,000 or more the business office emails the agreement to Procurement Services for signature
  11. Once the agreement has all the required signatures, the business office distributes the Agreement to the company and the contract originator
  12. Document is uploaded to the State
    (per LB 429)
    • If the document is signed by Procurement Services, Procurement will upload to the State
    • If the document is signed in the department, the department will upload to the State using Nebraska Contract System
    • The business office files the document according to their procedure