Contracts

Frequently Asked Questions

WHO SHOULD APPROVE/SIGN A CONTRACT?

The President (or his official designee - VPFA) is the only person allowed to sign a contract for NSCC. Any other person signing an agreement without official authorization may be held personally liable for the obligations of the agreement.

HOW ARE CONTRACTS PROCESSED FOR NSCC?

All necessary forms should be submitted electronically via email attachment to the Contracts&Appeals mailbox at Contracts&Appeals@nscc.edu. The Secretary for the VPFA will log the contract into the Contracts Database and obtain all necessary approvals. Once all approvals are received, a copy will be sent to the contract originator, and the original contract will be maintained in a file in the Office of the VPFA. An original will also be mailed to the vendor.

WHEN SHOULD I SUBMIT A CONTRACT?

Contracts are required to be submitted for approval at least 30 days in advance of the commencement of the work, for agreements requiring the President’s approval. If TBR approval is required, the contract should be submitted 90 days in advance. If a contract is not submitted within the required time frame, the Contract Date Exception Explanation Form (CDEE) then becomes necessary. With Dual Service Agreements, the CDEE is almost always required because we rarely know if a class is going to make prior to the beginning of the semester.

WHAT IS A PROFESSIONAL SERVICE AGREEMENT?

A Professional Service Agreement is an agreement between NSCC and a professional vendor (company, consultant, agency) for the purposes of outlining the terms of the contract. Usually we are purchasing a service, such as a Consultant or Instruction. Sometimes, we may be selling a service, or a Federal Grant may be involved.

WHAT FORMS ARE REQUIRED FOR PROFESSIONAL SERVICE AGREEMENTS?

There are a few different types of Professional Service Agreements, so you must choose the appropriate agreement and you must submit 4 copies (i.e., we are selling something, we are purchasing something, federal grants). In addition, the following forms are required: Contract Analysis Form (CAF), Contract Date Exception Explanation Form (CDEE - if applicable), Attestation Form, Sole Source Form (if applicable), and the Non-Competitive Justification Form (if applicable).

WHAT IS A DUAL SERVICE AGREEMENT?

A Dual Service Agreement is a contract between two state agencies, and is required by TBR when we hire someone to perform a service who is already employed by another state agency, such as an instructor to teach a class at NSCC who is already employed full-time with another state school or agency.

WHAT FORMS ARE NEEDED FOR DUAL SERVICE AGREEMENTS?

Contract Analysis Form (CAF), Dual Service Memo, Contract Date Exception Explanation Form (CDEE - if applicable), and the Contract Monitoring Plan (CMP - after services are rendered). The Secretary for VPFA will generate the actual Dual Service Agreement.

WHAT ARE THE CURRENT PAY RATES FOR DUAL SERVICE INSTRUCTORS?

$480.00 per TLC – for new instructors (less than 4 semesters with NSCC)

$525.00 per TLC – after successful completion of 4 semesters at NSCC

$600.00 per TLC – adjunct lecturer (office hours required)

$492.00 per TLC – OLD RATE for instructors that were previously contracted at this rate, but have not completed 4 semesters at NSCC

HOW MANY TLC’S CAN A DUAL SERVICE INSTRUCTOR TEACH?

A Dual Service instructor may not teach more than 2 classes per semester, and no more than a total of 12 TLC’s between the Spring & Fall semesters.

HOW IS A DUAL SERVICE INSTRUCTOR PAID FOR THEIR SERVICES?

Upon completion of the services contracted (normally at the end of the semester), the Dual Service instructor’s regular employer must invoice NSCC. When the Contract Monitoring Plan is received from the department for which the instructor taught, notification is sent to Central Receiving to release the contract/invoice for payment. The Accounts Payable department is then free to issue payment to the employer. The employer then generates payment through the instructor’s regular method of payment. For the instructor to get paid in a timely manner, it is imperative that the instructor’s regular employer sends the invoice, and that the department sends the Contract Monitoring Plan after all services are met.

WHAT SHOULD I DO IF A DUAL SERVICE INSTRUCTOR IS NOT ABLE TO COMPLETE THE SEMESTER?

Notify the Secretary of VPFA immediately, via email. She will then instruct you on how to get the instructor paid for the services that were provided, and on how to generate a contract for a new instructor.

WHAT IS AN AMENDMENT AND WHEN IS IT NECESSARY?

An amendment is a change in an agreement. It is necessary to create an amendment when something must be changed in the original agreement, such as the term of the agreement, the amount of money involved in the agreement, or when travel expense must be added, etc. The TBR Legal Department has drafted a Standard Amendment Form which must be used when a change is necessary.

WHAT IS A CLINICAL AFFILIATION AGREEMENT?

A Clinical Affiliation Agreement is an agreement between NSCC and a medical facility for the purposes of providing real-life training to our medical students in the fields for which they are studying, much like an internship. There is no money involved in these agreements; however, our institution and the medical facility must enter into an agreement to protect the patients, the students, and the facilities involved from liable suit. The TBR Legal Department has issued a Standard Agreement that is preferred for use in these types of agreements.

WHAT FORMS ARE REQUIRED FOR A CLINICAL AFFILIATION AGREEMENT?

Contract Analysis Form (CAF), Contract Date Exception Explanation Form (CDEE - if applicable), Attestation Form, and the Clinical Affiliation Agreement (4 copies).

WHAT IS A SOFTWARE LICENSE AGREEMENT?

A Software License Agreement is an agreement between NSCC and a company that is providing the use of licensed software to our institution. The TBR Legal Department has issued a Standard Agreement that is preferred for use in these types of agreements.

WHAT FORMS ARE REQUIRED FOR A SOFTWARE LICENSE AGREEMENT?

Contract Analysis Form (CAF), Contract Date Exception Explanation Form (CDEE - if applicable), Attestation Form, Sole Source Form (if applicable), Non-Competitive Justification Form (if applicable), and the Software License Agreement (4 copies).

WHAT IS A CEU AGREEMENT?

A CEU Agreement is an agreement between NSCC and a company for non-credit instruction.

WHAT IS A USE OF FACILITIES AGREEMENT?

This is an agreement between NSCC and a company to use our facility for a professional service, such as instruction, a meeting, or a conference. The Facilities Department is responsible for processing these types of agreements. Please contact the Secretary of the Facilities Department to submit a Use of Facilities Agreement.

WHAT IS A CONTRACT ANALYSIS FORM?

The Contract Analysis Form (CAF) provides information at a glance as to the basic terms of the agreement, as well as the necessary accounting information.

WHAT IS A CONTRACT DATE EXCEPTION EXPLANATION FORM?

If work commences on a contract prior to the contract approval date, the Contract Date Exception Explanation Form (CDEE) is necessary and provides information as to why the contract was not submitted within the required time frame for approval before commencement of the work (30 days in advance).

WHAT IS AN ATTESTATION FORM?

This form is required since 911 and is used to enforce illegal utilization of illegal immigrants in the performance of government contracts.

WHAT IS A DUAL SERVICE MEMO?

This form provides the necessary accounting information used to calculate the Dual Service Instructor’s total payment, such as the FOPAL their payment is to be charged to, their SSN, their full-time employer, their retirement system, etc. All blanks must be completed.

WHAT IS THE SOLE SOURCE FORM?

This form is used for any purchase request when a specific brand is required or when a company is the only provider of that specific supply, and the contract amount is between $10,000 and $249,999.

WHAT IS THE NON-COMPETITIVE JUSTIFICATION FORM?

This form is necessary when a contract is over $10,000 (coming from one FOPAL), and the bid process was not used, normally in the case of a sole source, but we are purchasing a service (not supplies).

WHAT IS A CONTRACT MONITORING PLAN?

The Contract Monitoring Plan (CMP) must be submitted at the completion of a service. It provides information that the terms of the agreement have been met and should be completed by the Contract Originator or their designee (usually the Department Secretary or Director). For Dual Service Agreements, it must be submitted to the Secretary for the VPFA. For all other Agreements, it should be submitted to the Purchasing Manager. Until this form is received, the Contract cannot be released for payment.

WHAT IS A VENDOR APPLICATION?

If you interested in doing with Nashville State Community College or would like to maintain your company's information, please visit How to Do Business with the TBR located on the TBR's Purchasing website. Additional information may be required if they are a food supplier or contractor. Each supplier to be considered will supply a copy of the Tax Revenue Certificate or Letter stating they are not required to have a certificate. If the application is approved, it will be entered into Banner and assigned an A#, then entered into the SciQuest system.