Contracts
The Office of Legal Affairs assists Middle Georgia State University departments with the review, drafting, negotiation, and execution of contracts and other agreements involving the University.
Because MGA is a public institution of the University System of Georgia and an agency of the State of Georgia, its contracting authority is subject to requirements that may not apply to private businesses. Certain provisions commonly found in commercial contracts may be prohibited or require modification before MGA can agree to them.
Before You Enter Into an Agreement
A contract does not have to be called a “contract” to create legal obligations for the University. Agreements requiring review may include:
- Contracts for goods or services
- Memoranda of Understanding or Agreement (MOUs/MOAs)
- Affiliation and clinical agreements
- Facility-use agreements
- Software and technology agreements
- Nondisclosure or confidentiality agreements
- Equipment leases or loan agreements
- Waivers and releases
- Student or faculty exchange agreements
- Grants and subgrants
- Other agreements creating obligations for MGA
If you are unsure whether a document requires review, contact the Office of Legal Affairs before signing or agreeing to its terms.
How to Submit a Contract
Contract Review
Legal Affairs reviews agreements for legal sufficiency and compliance with applicable law, Board of Regents requirements, and University policies. Depending on the agreement, review by Procurement, Information Technology, Information Security, Finance, Risk Management, or another University office may also be necessary.
Departments should submit agreements before either party signs them and sufficiently in advance of the anticipated effective date, event, or start of services to allow time for review and negotiation.
Georgia and University System Requirements
As an institution of the University System of Georgia and an agency of the State of Georgia, MGA contracts are subject to applicable Board of Regents policies, State of Georgia procurement requirements, and other legal requirements applicable to State entities.
When applicable, MGA follows contracting requirements and guidance issued by the Georgia Department of Administrative Services (DOAS), State Purchasing Division.
These requirements may affect provisions concerning matters such as indemnification, governing law and venue, dispute resolution, insurance, payment terms, confidentiality, automatic renewal, and other contractual obligations.
DOAS – Contracting with State Entities
Board of Regents Policy Manual § 7.7 – Purchasing and Contracting Regulations
Who May Sign a Contract?
Only University officials with appropriate delegated signature authority may execute an agreement on behalf of MGA.
Under MGA’s Institutional Signature Authority for Agreements Policy, the President has delegated authority for certain University agreements to designated University officials. Employees who have not received delegated signature authority should not sign an agreement on behalf of MGA, even if the agreement relates to their department or program.
Agreements signed by individuals without appropriate authority may be invalid, and failure to comply with University signature-authority requirements may result in disciplinary action.
MGA Policy 1.1.3 – Institutional Signature Authority for Agreements
Need Help?
Contact the Office of Legal Affairs if:
- You are unsure whether a document is a contract or requires review
- You need an MGA agreement or contract template
- A vendor or other party requests changes to University contract language
- You have questions about who may sign an agreement
- An agreement presents unusual legal terms or requirements
- You have another legal question concerning an MGA agreement