This is suggested as a useful tool for TAMUS components. It is not mandatory. This is NOT an interactive form, i.e., it does not send data to the A&M-System or compile information. It is intended as a guide only. TAMUS Policy 25.07 governs contracting and provides for the levels of approval required for different types of contracts. TAMUS Regulation 25.07.01 lists contract administration procedures and delegations. A&M-Texarkana may have its own Rules as well. For help in drafting or revising contracts, see the A&M-System Contract Help page.
Clear and understandable description of the subject of the contract. Limit use of highly technical terms when possible.
Verify current information.
Verify current information, especially if anything differs from (2).
This may or may not be the date the contract is signed.
This refers to date the contract would normally end unless terminated earlier for any reason.
Dates should be clearly identified. Use full dates (ex: “June 3, 2004”) whenever possible. NOTE: in many foreign countries dates expressed in numerals use the Day/Month/Year format (e.g., June 3, 2004 would be written as 3/6/04 rather than 6/3/04).
Termination for cause and termination at will should be identified.
Use current Delegation of Authority to identify highest level.
OGC normally will not approve an agreement until all of these documents have been provided for review.
Should be an officer or authorized agent of contractor.
This may cause problems for component and should be clearly understood prior to signature.
Partial payments should be stated with due dates; amount tied to other amounts (e.g., royalties, percentages) should be stated in clear terms.
If any part of the contract is performed or payable outside the U.S.
Normally written notice and reasonable time to cure.
Each party’s responsibilities identified in understandable wording.
If performance extends over a period of time, include due dates if necessary.
(1) These types of clauses are not allowable for TAMUS components because of state constitutional restrictions. Notify contractor that these must be deleted.
(2) AFTER attempting to have these deleted, if contractor refuses to comply, the following wording must be inserted before the wording: “To the extent permitted by the laws and constitution of the State of Texas,”. NOTE: this is not the preferred method, and all reasonable efforts should be made to have the original language deleted if possible.
TAMUS components may not agree to be governed by the laws of another state.
State law (Sec. 85.18, Tex. Educ. Code) mandates this venue: it is not negotiable.
The TAMUS Office of Risk Management should be consulted if there are questions about the levels of coverage and/or carriers.
TAMUS cannot agree to keep information confidential if it is subject to public disclosure under the Texas Public Information Act (Ch. 552, Texas Government Code).
For an example of confidentiality language, see Confidential Nondisclosure Agreement
Provides relief if performance impaired by unexpected events including weather and civil disturbances.
Written pre-approval of assignments is preferred but not mandatory.
Not required for contracts with other agencies of the State of Texas or the U.S. Government.