Contracts: Difference between revisions

Revised Date: '''Draft 12/1/21'''<br />

Reviewed: <br />

The purpose of this policy is to provide guidance on who is authorized to sign contracts on behalf of the University of Nebraska Medical Center; and to make clear that individuals must have specific authority, as delegated in [https://nebraska.edu/offices-policies/policies Board of Regents Policy], in [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/delegation-of-administrative-authority-to-approve-certain-personnel-actions.pdf Executive Memorandum No. 13] and [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/delegation-of-administrative-authority-to-approve-certain-types-of-university-contracts.pdfExecutive Memorandum No. 14], and as specifically provided for in the UNMC Contract Signature Authority Tables to sign such contracts.

All organizations and individuals that provide products and services to the University of Nebraska Medical Center (UNMC) shall enter into a written contract with the Board of Regents of the University of Nebraska, a public body corporate, on behalf of UNMC. Pursuant to University of Nebraska Executive Memorandum No. 14, the President has delegated authority to each Chancellor to approve specific types of contracts described in Section 4 of RP -6.3.1. Pursuant to University of Nebraska [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/delegation-of-administrative-authority-to-approve-certain-personnel-actions.pdf Executive Memorandum No. 13] and [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/delegation-of-administrative-authority-to-approve-certain-types-of-university-contracts.pdf Executive Memorandum No. 14], the Chancellor may delegate contract signature authority. Individuals with the authority to sign contracts on behalf of UNMC are listed in the UNMC [https://wiki.unmc.edu/images/8/83/UNMC_Exec.Memo.13_Signature_Authority.pdf Executive Memorandum 13 Contract Signature Authority] and UNMC [https://wiki.unmc.edu/index.php/Executive_Memo_14 Executive Memorandum 14 Contract Signature Authority] Tables. No individual shall sign a contract on behalf of the University of Nebraska Medical Center unless having specifically been delegated the authority to do so.

UNMC faculty and staff delegated signature authority through Executive Memoranda No. 13 and No. 14 shall utilize digital signature technology [https://sos.nebraska.gov/licensing/digital-signatures-certification-authorites certified by the Nebraska Secretary of State] in compliance with the [https://nebraskalegislature.gov/laws/statutes.php?statute=86-611 Nebraska Digital Signatures Act]. DocuSign is the current digital platform utilized by UNMC through an agreement with Nebraska Medicine (software license holder).<br />

Access to DocuSign requires the submission and approval of the proposed use case by the UNMC department. There are four levels of use cases:<br />

:'''Level 1''' use of DocuSign will be for a signatory listed in Executive Memorandum No. 13 or 14 acting as a University Authorized Party to execute an agreement.<br />

:'''Level 2''' use of DocuSign will be for research participant e-consents.<br />

:'''Level 3''' use of DocuSign will be for non-binding signatures (UNMC internal forms/internal approvals).<br />

:'''Level 4''' use of DocuSign will be for employment offer letters or designated Human Resource forms that are routed to a third party.<br />

| PURCHASES OF GOODS AND SERVICES  || Procurement, [mailto:contracts@nebraska.edu contracts@nebraska.edu], https://info.unmc.edu/procurement/procurement/contracts/index.html

When UNMC is expending funds: [mailto:contracts@nebraska.edu contracts@nebraska.edu], https://info.unmc.edu/procurement/procurement/contracts/index.html

When UNMC is receiving revenue: 402-559-5200, [mailto:alamer@unmc.edu Amy Lamer] and copy [mailto:jeffrey.miller@unmc.edu Assistant Vice Chancellor for Business and Finance]  

Direct any questions related to the Contract Signature Authority to Sarah Gloden Carlson, [mailto:sarah.glodencarlson@unmc.edu Chief Compliance Officer] at 402-559-9576.

===Contract Types and Approvals===

In compliance with Federal regulations, an individual designated as Authorized Organization Representative (AOR) is the only official authorized to sign on behalf of the institution. Signature by the AOR signifies that the University agrees to comply with regulations and laws. Sponsored Programs Administration is the authorized signature official of UNMC for sponsored programs grants and contracts.

====Purchases of Goods and Services====

Procurement is responsible for contracts where University funds are spent. The Board of Regents Policies and Bylaws provide thresholds that trigger bidding requirements, signature authority and other. Contracts for goods and services utilizing state funding must be reported through a state database under [https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=18635 LB 429] [https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=18635 (Legislative Bill)]. Procurement ensures that information security requirements are met for all [https://info.unmc.edu/procurement/_documents/contracts-quick-reference.pdf purchases].

[https://www.unemed.com/contact-us/staff-directory UNeMed] focuses on promoting the advancement and commercialization of UNMC technologies. UNeMed signs agreements such as MTAs, CDAs, and Licensing Agreements where rights to UNMC intellectual property are utilized.

Agreements involving University stewardship and management of resources and revenue generating contracts are signed by Business and Finance.

UNMC, as part of an [https://www.unmc.edu/hipaa/about/affiliated-covered-entity-structure.pdf Affiliated Covered Entity], is obligated to protect patient information under HIPAA. Any UNMC contract that involves the disclosure of protected health information (PHI) outside of UNMC and/or Nebraska Medicine must ensure that procedures and policies are followed to secure PHI.  <br />

When contracting outside UNMC and Nebraska Medicine for equipment purchases or transfer of PHI electronically, a security review is required by [https://wiki.unmc.edu/index.php/Privacy/Information_Security Information Security].

A business associate relationship exists when a person/entity outside of the ACE performs a function or activity on behalf of the ACE that requires them to use or disclose protected health information (PHI) in order to perform the function. If a business associate relationship exists with no written contract, a business associate agreement must be signed. If there is an existing contract with the business associate, a business associate addendum must be added. The [https://www.unmc.edu/hipaa/forms/index.html Business Associate Agreement template] can be located at https://www.unmc.edu/hipaa/forms/index.html. Refer to the [https://www.unmc.edu/hipaa/forms/docs/wedi-ba-decision-tree-v2.pdf Business Associate Decision Tree] as needed. All Business Associates are required to implement all HIPAA Security Rule Safeguards. In the event that a vendor cannot meet a specific requirement of the [[Business Associate Agreement or Addendums Procedure]], an exception can only be approved by the University’s Office of the Vice President and General Counsel.