Contracts

This page contains information related to contracting with foreign entities and the procurement process at UT Austin. It includes an instructional PowerPoint and documentation, sample contracts for review, and the forms you will need to submit to the Business Contracts office.

While departments are responsible for the contract implementation of their programs, Education Abroad can provide general information about the process. If you have questions about the contracts process, please contact Christiana Cha ( christiana.cha@austin.utexas.edu; Tel: 512-471-2484)

 

Process for Departmental Program Contracts Download Process for Departmental Program Contracts

Business Contract Review Form (BCRF) Download Business Contract Review Form (BCRF)

Exclusive Acquisition Justification (EAJ) Download Exclusive Acquisition Justification (EAJ)

Update for 2021

UT Business Contracts Office (BCO) has let us know of some recent developments:

1. All contracts should include a “Cancellation for No Cause” statement which states, “University, in its sole discretion, can cancel this “Addendum” for no cause on or before <date>. If the University cancels the Addendum for no cause, University will not owe any money, deposits or fees in regards to the Addendum. Further, any and all monies paid by University to Contractor will be refunded in full within 15 days after the University has cancelled the Addendum.” The date set should be the roster due date or first liability date provided by the vendor.  This date should align with your student financial responsibility policy. 

2. All contracts will add a note that they are expiring at the end of August 2021 for maymester or summer programs.  A new UT template will be created and expected to be used for all group programs beginning academic year 21-22. 

3. If you have a program cancellation, all vendors will be sent a formal cancellation letter from BCO.  Even if there wasn’t a fully executed contract, or your contract never reached BCO, it is very important for UT to send a letter to each vendor stating that the “proposed” program has been cancelled and that UT owes no money.  If you have had a program cancellation (or for any future cancellation), please send Debbie Trawick at BCO (trawick@austin.utexas.edu) the proposed agreement/addendum, a copy of the email cancellation you sent to the vendor, and to whom it was sent.  BCO will then follow-up with a formal cancellation letter.   

 

You may use the below template (with a cc: Debbie Trawick) for program cancellations: 
Dear PROVIDER, 
 
The <Department> at UT Austin regrets to inform you that the <Program Name> to <city, country> has been cancelled for 2021.  We based this decision first and foremost on the health and safety situation related to the pandemic, including our ability to mitigate program design elements such as academic delivery, housing, and transportation.  <insert other relevant points, if applicable>.   UT Austin’s Business Contracts Office will also be sending a formal cancellation letter via email in the coming days. 

 

We did not make this decision lightly and appreciate your understanding.  Thank you for all the work your team has put into our program -- I have valued our collaboration during these challenging times.  Please know that it is our intention to continue this program in 2022, and we will be in touch later this summer with an update.   

Cancellation Policy

It is recommended that your department develop a cancellation policy and that you check all contracts with your providers because the payment deadlines could impact your department's timelines and options. Here Download Here

are the recommended steps and the policy for cancelling a program.

 

Texas Global's Approach (2020-2021)

For our upcoming contract negotiations with providers, we have finalized our financial timeline and policy for students, we’ll be working to align our contracts to fit the timeline and amounts as well.  See below for the guidelines we plan to use.  We will also be on the lookout for contracts that have an admin fee from providers, or changes to force majeure clauses. 

Spring/Maymester/Summer:

• Maximum of $500 initial payment/liability due March 17 at the earliest. This will give us a few days buffer to notify students about go/no-go’s on Mar. 12, and then notify providers by Mar. 16
• Maximum of 50% program fee payment/liability Apr. 3 at the earliest
• 100% program fee/liability May 2 at the earliest

Fall:

• Maximum of $500 initial payment/liability due April 21 at the earliest. This will give us a few days buffer to notify students on Apr. 16, and then notify providers by Apr. 19
• Maximum of 50% program fee payment/liability May 16 at the earliest
• 100% program fee/liability June 17 at the earliest

 

	SPRING/MAYMESTER			SUMMER		FALL
App Deadline	Nov. 15	Extended rolling admissions Jan. 15 (Sp) / Feb. 15 (MM)		Feb. 15		Mar. 1
$75 app fee Auto-Bill	after app completion	after app completion		after app completion		after app completion
$75 app fee Due (non-refundable)	10 days	10 days		10 days		10 days
$500 deposit Auto-Bill	Nov. 15	Nov. 15		Feb. 15		Mar. 1
$500 deposit Due (refundable)	Jan. 10	If > Jan. 10, due 7 days after acceptance		Mar. 5		Apr. 1
Final Go/No Go Decision and Notification to Students	Mar. 12	Mar. 12		Mar. 12		Apr. 16
Remainder of program fee: Auto-Bill	Mar. 13	Mar. 13		Mar. 13		Apr. 17
Remainder of program fee: Due (refundable)	Apr. 1	Apr. 1		Apr. 1		June 1
Withdrawal schedule	Apr.2-30 (50%) May 1 onward (100%)	Apr.2-30 (50%) May 1 onward (100%)		Apr.2-30 (50%) May 1 onward (100%)		May 15-June 15 (50%) June 16 onward (100%)

 

Force Majeure Clause

Below you will find BCO’s preferred Force Majeure language. This is quite similar to what was used previously. Please use this in your contracts as much as possible – BCO does understand that you could potentially receive pushback from a vendor wanting to use their own FM clause.

Force Majeure. Neither party hereto will be liable or responsible to the other for any loss or damage or for any delays or failure to perform due to causes beyond its reasonable control including acts of God, strikes, pandemics, epidemics, war, riots, flood, fire, sabotage, or any other circumstances of like character, a U.S. Department of State Travel Warning or any other circumstances of like character, including, but not limited to, any directive by the governments of the United States or Texas that UT Austin decides would reasonably prohibit UT Austin from sending students to a location ("force majeure occurrence"). In the case of a pandemic or epidemic, unforeseeability is not a required element for force majeure.