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Contract Services Office - UIUC

Contract Types

Below is a brief list of the types of contracts that may be used at the UIS, UIUC, or System Office units. This is by no means an exhaustive list. If you do not find the type of contract you have questions about listed below, contact the Contract Services Office at SpringfieldCSO@uillinois.edu (UIS), or UrbanaCSO@uillinois.edu (UIUC or System Office Units) for assistance. Please click on any of the links below to learn more about each contract type:

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Affiliation Agreements

Affiliation Agreements are agreements where the university sends one or more students to a clinic, school, or facility in order to receive training, practicum, or instruction either as a required part of their academic program or for academic credit. These agreements typically do not involve any transfer of funds, but there is a perceived benefit to engaging in the agreements for each party. Common examples are Clinical or Educational Affiliation Agreements and Student Teaching Agreements.

Affiliation Agreements provide a benefit to our students in terms of experience and additional learning opportunities and they also provide a benefit to the other party that receives the services of Illinois students without having to pay them wages.

NOTE: If a student is not receiving academic credit for the rotation/internship, then the university should not sign any agreements with the receiving entity as the university has no role within the arrangement as it becomes an employer/employee relationship of sorts between the student and the facility/school/clinic.

Processing Office:
The Contract Services Office can provide assistance with review, processing, or requesting Affiliation Agreements for students receiving academic credit or if practical experience is required as part of their academic program.

The Sponsored Programs Administration office can provide assistance with review, processing, or requesting an agreement involving faculty or non-academic research.

Catering

Non-University caterer

A contract is required to engage a non-university caterer for university-sponsored events, such as receptions. Caterers must agree to the State certifications and have all necessary licenses and proof of insurance. If the caterer has not entered into a master catering contract with the university, an approved purchase order is required.

NOTE: The Coca-Cola Company is the exclusive beverage sponsor of the University of Illinois at Urbana-Champaign. As a general rule, only Coca-Cola products may be sold, served, or otherwise made available on campus and at events sponsored by the university or a student organization or catered by the university or a vendor under contract to the university.  

Non-catered event
A non-catered event is where food/beverage is dropped off and the delivery person does not provide onsite service. Vendors who deliver food items are not required to be on the insured caterers list.

The T-card may be used for non-catered events when the vendor does not require a contract and the cost is within the T-card’s single transaction limit.

Processing Office:
Urbana Purchasing can provide assistance with caterers not listed on the Master Catering Contracts list and those that require a contract.

Change Orders

Change orders are written orders to a contractor authorizing a change to an existing project construction contract. The change may include an addition to, deletion from, adjustment, or revision of the requirements of the original contract documents, an adjustment to the amount payable, the time for performance, the date(s) of completion, or any combination thereof. A change order must be germane to the project and services originally contracted.

Processing Offices:
First contact your Facilities and Services Project Manager. The Office of Facilities & Services and the University Office of Capital Programs & Real Estate Services (UOCP&RES) at 217-333-5688 can also provide additional assistance.

Chartered Transportation

Chartered transportation agreements govern the university's procurement of transportation services, including charter bus and charter air.

Processing Office:
Urbana Purchasing has established master contracts with local and regional charter bus companies that can be used by any unit at UIUC. Before selecting/hiring a charter bus company, check the list of Master Charter Bus Services Contracts. Urbana Purchasing can provide additional assistance with the Processing of these Agreements.

Click-Through Agreements

Click-through agreements (also known as "clickwrap" agreements) are commonly used in connection with software licenses. These agreements may be part of the online installation process and often require the end user to click an "OK," "Agree," or "Accept" button in order to move forward with the installation. If the user does not accept, they cannot use or purchase the product or service. The terms of service or license do not always appear on the same web page or window, but are usually accessible before acceptance, through a link embedded in the product's site or a pop-up window prior to installation. These terms of service frequently contain clauses that impede consumer rights in substantial and unexpected ways. It is very important to understand that clicking to accept one of these online agreements is equivalent to signing your name on a contract binding the university, which most faculty and staff are not authorized to do.

Some examples of click through agreements are provided below.

First example of click through agreement

Second example of click-through agreement

Third example of click-through agreement

 

Processing Office:
Urbana Purchasing will be able to provide assistance on how to process click-through and software agreements, even if zero dollar/no funds.

Concessions

Concessions grant access to university property, whether tangible or intangible, in exchange for payment. This payment may come in the form of a percentage of a vendor's sales resulting from the concession agreement. For example, a vendor may be interested in setting up a table or booth on university-owned property where they will sell items, or allowing another party to sell our property, for example, selling e-books on our behalf. In exchange for allowing the vendor access to our (tangible) property, they pay the university a percentage of the sales revenue they earn during that time period. Another example may be a vendor with a product that may appeal largely to students living in residence halls. In exchange for allowing that vendor to place their marketing materials in Housing welcome packages or distributing their marketing materials to our mailing lists, the vendor pledges a percentage of the sales revenue for each item they sell as a result of having access to our residential students (intangible property).

Purchasing Office:
Urbana Purchasing processes concessions and will be able to provide assistance.

Construction/Capital Projects Contracts

Construction/Capital projects contracts are typically initiated by Facilities & Services (F&S) or the University Office of Capital Programs & Real Estate Services (UOCP&RES). Several types of services are appropriate to construction contracts. Some examples include architectural services, engineering services, and land surveying services.

Processing Offices:
Facilities & Services (F&S) or the University Office of Capital Programs & Real Estate Services (UOCP&RES) initiates the construction/capital project contracts. For assistance in contracting for any, type of construction-related services contact the Construction Management Division at 217-333-2500.

Consultant/Consulting Services

Please see Contracts for Services (CFS) below.

Contracts for Services (CFS)

Contracts for services are used when a non-university employee or entity will provide a specific service, or services to the university, and will receive payment for their work.

Processing Office:
Urbana Purchasing processes contracts for services. Information about contracting for services is available on the Purchasing website. There is a University template for Contract for Services under $10,000 that may be used and signed by your unit head if (1) there are no changes to the template, including adding pages and (2) the total amount of the contract is less than $10,000. However, if there are changes to the template, please contact Urbana Purchasing for assistance.

Course Agreements

Course agreements are used in academic courses where students are required to partner with industry to gain real world experience. The company and the student, under the supervision of a faculty member, develop a project to address a specific need within the company.

Processing Office:
The Contract Services Office provides assistance when intellectual property is not involved. The Office of Technology Management provides assistance when intellectual property is involved. The Sponsored Research Administration provides assistance when research is invovled.

Data Use/Data Sharing Agreements

Data use/data sharing agreements are a type of material transfer agreements that specifically deal with the transfer of information. For more information on processing these types of contracts, see Material Transfer Agreements below.

Equipment Loans

Equipment Loan Agreements may be entered into for the temporary loan of university-owned equipment to another institution of higher education, such as another university, in order to facilitate research there. The university may also accept such temporary equipment loans from other institutions.

Processing Office
Property Accounting provides assistance with either an outgoing or incoming equipment loan agreements.

Facilities Use Agreements (FUAs)

Facilities use or space rental agreements (including booth rentals at career or other fairs) are for short-term use of space, usually for a specific event. If the university is renting its own space, the renter (client) must sign our agreement. If the university is renting space from the other party, we must usually sign their agreement.

Additional Resources:

University Premises and Facilities

Event Planning Resources

Reservation and Facility Use Policies

Processing Office:
The Contract Services Office assists university facilities who want to rent their space to external entities.

Urbana Purchasing assists units with renting space from a third party. 

The Sponsored Research Administration assists when the use of facilities involves research.

The Office of Risk Management will assist units if the other party requires a certificate of insurance by filling out the request proof of liability insurance form.

NOTE: Requests from contracting parties for proof of University insurance coverage are processed through the Office of Risk Managment. A certificate of insurance can be requested through the Office of Risk Management website.

For facility use agreements where an external party is accessing University premises, the user (or tenant) may be required to provide evidence of liability protection to the University. The user may have access to this through their local insurance broker; or, the University offers access to a Tenants and Users Liability Policy (TULIP) issued through two different vendors, Marsh and Arthur J. Gallagher. More information about the TULIP programs can be found on the Office of Risk Managment website.

Financial Assistance Award Agreements

A financial assistance award, or sponsorship, is a payment to an outside organization in support of joint, or mutually beneficial initiatives, activities, or events. For more information about financial assistance, please refer to the OBFS Policies and Procedures Manual, 8.1.3 Determine the Allowability of Specific Expenditures.

Processing Office:
Urbana Purchasing will provide assistance in initiating a financial assistance award agreement. When contacting Urbana Purchasing, please include  any documentation you have received from the other party (letter, invoice, email correspondence, etc.). If the payment is related to a specific event, like a conference, please provide the event's website address.

Honoraria

Honoraria are unexpected and unanticipated tokens of gratitude or appreciation. It is a one-time payment made to an individual, who is not an employee of the university, for a special and non-recurring activity or event for which a fee is not legally or traditionally required. The intent is to show appreciation for participation in university educational, research, or public service activities or events.

Processing Office:
University Payables can provide assistance in navigating these sorts of payments as it can often be difficult to determine whether a payment should be an honorarium or professional and artistic services. The key to this decision is the expectation. If a speaker or guest expects to be paid for his or her time and services, then they cannot be paid an honorarium.

Intellectual Property (IP)

Intellectual property agreements might deal with a third party's use of our intellectual property, or vice versa. Some common examples of intellectual property are software, courseware, apps, instructional tools, books, textbooks, course packs, journals, technological developments, or other types of inventions.

Processing Offices:
The Office of Technology Management (OTM) provides assistance for contracts related to university-owned intellectual property.

Urbana Purchasing provides assistance for contracts related to the use of intellectual property owned by a third party.

Interagency/Intergovernmental Agreements (IGAs)

Interagency/intergovernmental agreements occur when the university (a state agency), contracts with another state agency or governmental entity. Intergovernmental agreements (or IGAs) require different terms and certifications than other types of contracts.

Processing Offices:

Contract Services Office provides assistance when the university is providing services to the state agency or governmental entity. These agreements can be receivable or no funds involved. 

Urbana Purchasing provides assistance when the university is receiving services from the state agency or governmental entity. These agreements can be payable or not payment involved.

Sponsored Program Administration provides assistance when research is involved.

Location Agreements/Location Releases

Location agreements/location releases give another party or entity permission to enter upon university premises, often for the purpose of taking pictures, filming, or recording some person, place, or event. Examples may range from a production company filming scenes for a movie on our campus, which will be portrayed as a fictional location, to the Discovery Channel interviewing one of our faculty members for a documentary program.

Processing Office:
The Office of Public Affairs is the first point of contact and they can be reached at 217-333-5010. They will advise you on the necessary campus vetting and approval process and work with the Contract Services Office to get the appropriate contract in place.

Material Transfer Agreements (MTAs)

Material transfer agreements govern the transfer of tangible research materials between the university and another company or institution. The material transfer agreement defines the rights of the provider and the recipient with respect to the materials and any derivatives. It typically covers liability, confidentiality, and other relevant terms. Biological substances are the most frequently transferred materials, but material transfer agreements may also be used for other types of materials, such as chemical compounds and even some types of software. The parties to the agreement must consider the facts of each situation in the negotiations of appropriate terms.

Processing Offices:
Sponsored Programs Administration will provide assistance when the university will be the recipient of incoming materials.

Urbana Purchasing will provide assistance when the University is purchasing the materials.

Office of Technology Management (OTM) will provide assistance when the university is the provider of the materials.

Memorandum of Agreement (MOA)/Memorandum of Understanding (MOU)

Memorandums of Understanding (MOUs) or Memorandums of Agreement (MOAs) are often used inappropriately. Using the terms "Memorandum of Understanding (MOU)" or "Memorandum of Agreement (MOA)" does not mean that the document is not a legally binding contract. The substance of a document and not its name determines whether or not it is an enforceable contract. Typically an MOU or MOA should be used when the parties want to document their intention to enter into a binding contract. In other words, the MOU will serve as the basis of a future formal contract, as an “agreement to agree.” Sometimes the university will use an MOU or MOA to document arrangements between departments or units within the university. Keep in mind, however, that many parties, including foreign institutions, will issue a document titled "MOA" or "MOU" that contains legally binding obligations. An MOU or MOA must be routed, reviewed, approved, and signed according to the same policies and procedures governing contracts.

Processing Office:
The Contract Services Office will provide assistance in determining whether an MOU/MOA is appropriate.

No Fund Agreements

No fund agreements could be any type of agreement that involves no transfer of funds between the two parties. The determination of how to process a no funds, or zero dollar, agreement depends on what type of agreement it is (for example, is the university providing or receiving goods or services at no charge; is IP being exchanged; is the university using or allowing someone else to use property or space; etc.).

Processing Office:
Determine the type of agreement and refer to the information on this page. If you do not believe your agreement fits into any of these types and you need additional assistance in identifying the appropriate processing office, contact the Contract Services Office.

Non-Disclosure Agreements (NDAs)

Non-disclosure agreements (NDAs), or confidentiality agreements, outline confidential material, knowledge, or information that two parties wish to share in order to conduct business with one another. An NDA creates a confidential relationship between the parties to protect any type of non-public business information from third party access.

Processing Offices:
Urbana Purchasing provides assistance in drafting or reviewing an NDA related to a payment or procurement.

Sponsored Programs Administration provides assistance when an NDA is related to a research activity.

Contract Services Office provides assistance when there is no payment or research complemented in the NDA.

Non-Standard Contracts

Non-standard contracts are any contracts that are not university-generated. This typically refers to contracts and forms that come from a third party client or vendor. For routing and approval purposes, non-standard contracts are treated like standard templates that have had substantive changes made to them. They should always be reviewed and approved by the appropriate contracting office (i.e., Contract Services Office, Purchasing, Sponsored Programs Administration, etc.).

Processing Office:
Determine the type of agreement and refer to the information on this page. If you do not believe your agreement fits into any of these types and you need additional assistance in identifying the appropriate processing office, contact the Contract Services Office.

Other Party Agreements

Publishing Agreements

Publishing Agreements are commonly used by the University of Illinois Press in order to secure publishing rights to someone else's written work. Another instance may be when the university is working with a publishing company to create and distribute a custom work (for example, a custom textbook or course pack). The university signs these agreements only when it, not an individual faculty or staff member, is the entity securing or granting the publishing rights.

Processing Office:
The Contract Services Office provides assistance with publishing agreements.

Purchases of Goods and Services

Purchases of goods and services might include the procurement of general services, goods and products, professional and artistic services, or software licenses.

Processing Office:
Urbana Purchasing provides assistance in purchasing items or services.

Real Estate Leases

Real estate leases are for long-term space or facility occupancy. Long-term might be one month or five years, but generally means anything more significant than the duration of a single event. There are various business rules, terms, and state certifications that must be followed depending on whether the university is the landlord or the tenant.

Processing Office:
University Office of Capital Programs and Real Estate Services (UOCP&RES) processes all leases. These agreements, whether for university as landlord or tenant, must be drafted and/or reviewed by the UOCP&RES.

Revenue Generating Agreements (RGAs)

Revenue generating agreements are used when the university is being paid for providing goods or services to an outside entity.

Where to Start:
The Contract Services Office provides assistance with drafting or reviewing, and executing revenue generating agreements.

Standard form templates for revenue-generating activities are available on the OBFS Forms Page.

Software Licensing

Software licensing agreements are a form of intellectual property agreements. See also Click-Through Agreements above.

Sponsored Projects and Activities

Sponsored projects and activities result from proposals submitted for external funding from federal, state, or private sponsors. These funding awards are commonly referred to as grants and may also include zero-dollar agreements that have certain reporting requirements.

Processing Office:
Sponsored Program Administration provides assistance in drafting or reviewing contracts associated with grants or other sponsored projects.

Sponsorships

Sponsorships may come in various forms such cash or non-monetary items. Sponsors aim to create a link between the target audience of an event and their own brands, products, and services. A payment qualifies as a sponsorship as long as the sponsor does not receive any substantial benefits in return. Sponsors often receive access to the event or an acknowledgement in return, which is allowable. For more information, see the OBFS Policies and Procedures Manual, 11.13 Sponsorship Gifts.

Processing Offices:
The University of Illinois Foundation provides assistance in processing the sponsorship payment.

The Contract Services Office provides assistance for logo usage as part of the sponsorship.

Standard Form Agreements/Templates

Standard form agreements/templates have been created by OBFS and University Counsel to assist units in expediting the most common types of contracts. Standard templates contain pre-approved general terms and conditions. If a template is accepted and signed by the other party with no changes, the review and execution of that contract can be expedited significantly. For more information, see the OBFS Policies and Procedures Manual, 1.3.2 Initiation, Review, and Approval of University Contracts and Leases

Processing Office:
The Contract Services Office provides assistance to units with deciding if a customized template may be appropriate for a recurring project or service. Units can access the most frequently used contract templates from the OBFS Forms page.

Student Teaching Agreements

Student teaching agreements are used to place student in local and/or regional elementary and secondary schools as student teachers and receive academic credit. These types of agreements provide a benefit to our students in terms of experience and additional learning opportunities and they provide a benefit to the other party that receives the services of Illinois students without having to pay them wages.  

See also Affiliation Agreements.

Processing Office:
The Contract Services Office provides assistance with student teaching agreements.

Last Updated: March 27, 2020

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