FAQs: Procurement Contracts
1. May I consult or engage in outside professional activities for pay?
Consult the UMD Policy on Conflict of Interest and Conflict of Commitment and Procedures if the activities are research-related. You should also consult the conflict of interest provisions under the State Ethics Law that applies to all State employees, and the interim Policy II-3.10(E), Policy on Consulting. See Research FAQ #8 for more information.
Keep in mind that you must receive prior approval from your unit head for these activities and you must disclose these activities on your annual Outside Professional Activities (OPA) report. You may access the OPA web page through the Payroll & Human Resources System section of ARES.
If the consulting work is unrelated to research and development, it may require approval by the State Ethics Commission as secondary employment.
2. Do I have authority to sign contracts for UMD (e.g., consultant, software, nondisclosure, material transfer or research agreements)?
No, unless you have a written delegation of signature authority. For a comprehensive description of UMD’s current delegations of signature authority, please reference the President’s Memorandum titled Delegation of Authority to Sign Contracts. (If this link is not available, please go to the OGC website and scroll down to “Contract Signature Authority Delegation.”)
Contracts, including “click-through agreements,” that are binding on UMD must be properly reviewed and signed by a UMD official with signature authority. If the contract relates to research, contact the Office of Research Administration for assistance. If the contract relates to a procurement, contact Procurement and Business Services. Please note that delegated procurement authority is not the same as delegated signature authority and that no-cost or “zero dollar” procurements that contain contract terms must be routed to Procurement). For any other contract, check with your department administrative or business officer or contact the Office of General Counsel for assistance.
3. If I am authorized to sign contracts, can I use a digital signature, electronic signature, or e-signature platform?
Yes, you may use a digital or electronic signature if the other party agrees to accept electronic signatures, and if you use an e-signature utility that maintains a signature transaction record or adds a textual or graphic statement to the document to prove that it was executed with an electronic signature. Adobe Acrobat’s electronic signature certificates (accessed through Adobe’s ‘Tools’ menu) and the Adobe Sign e-signature platform both satisfy this second requirement.
Digital and electronic signatures are not the same as an e-signature platform. Adobe Sign is UMD’s only approved e-signature platform. (Please note that DocuSign is not an approved platform. If the other party intends to use DocuSign, they should convert the signed version to a PDF and send the PDF to UMD for signature or ask UMD to initiate signatures using Adobe Sign.)
4. I received an agreement directly from an external entity and am not the UMD authorized official for the agreement. What should I do?
Agreements related to sponsored projects (including research, services, and other sponsored activities) and all federal government contracts (even if not for research) must be routed to the Office of Research Administration. All agreements related to executive education where the sponsor is not the federal government must be routed to the Office of Extended Studies. All agreements related to the acquisition of goods or services should be referred to your departmental business administrator or Procurement and Business Services. All academic agreements should be routed to the Office of the Provost. Please contact the Office of General Counsel if you need assistance determining how to route an agreement.
5. May I download “available” software to use in my work at UMD?
The Division of Information Technology (DIT) maintains a database of approved software available for downloading. If you want to download software not available through the database, contact your unit’s DIT professional or consult the IT security and IT Accessibility web pages. Many “available” software downloads require a click-through agreement, which is a legally binding contract. Many click-through agreements contain terms that UMD is prohibited from accepting, so please do not click “I accept” or “I agree” and instead contact Procurement or your unit’s IT professional.
6. Are there any concerns about using my delegated procurement authority to purchase equipment from foreign countries?
Yes, Section 889 of the 2019 National Defense Authorization Act prohibits the federal government and its contractors, grantees, and loan recipients from procuring or using certain “covered telecommunication equipment or services” that are produced by Huawei, ZTE, Hytera, Hikvision, and Dahua and their subsidiaries as a “substantial or essential component of any system, or as critical technology as part of any system.” You are not permitted to use delegated procurement authority to procure any items from these companies or their subsidiaries; instead, please contact Procurement and Business Services.
7. Does UMD have guidelines that apply to my use of UMD’s name and trademarks?
Please reference the Office of Marketing and Communications’ Brand Toolkit. This toolkit provides links to resources relating to University communications, the elements of an appropriate UMD website, the licensing and use of UMD’s trademarks, filming on campus, as well as photo and video libraries including stock imagery. Contact Trademark Licensing to address specific questions relating to the use of UMD’s name and/or existing trademarks, or to discuss the development or approval of new trademarks.
Also consult Policy IV-5.00(A), Policy on the Use of the University’s Name and Trademarks by External Entities in Research-Related Endorsements and Promotional Materials for information on the use of the University name, seals, service marks, and trademarks (collectively referred to as University Marks) by External Entities with whom the University has a research relationship.
8. An external entity wants to film me for a TV show or news story. What should I do?
Entities that wish to film campus or individuals on campus must submit an application to the Office of Marketing and Communications and sign a contract with UMD if the request is approved. Please contact your unit head or the Office of Marketing and Communications with additional questions.
9. I want to issue a press release about a matter related to my UMD work. What should I do?
After receiving approval from your unit head, please work with the appropriate departmental personnel or contact the Office of Marketing and Communications.
10. Does UMD have liability insurance that covers me while I’m working?
The State of Maryland is self-insured under State law. A summary of the coverage that applies to State employees acting within the scope of their employment is available on the website of the Maryland State Treasurer. In addition, the Maryland Tort Claims Act covers employees acting within the scope of their employment. Contact the Office of Risk Management for assistance or review ESSR’s insurance website for more information or for assistance.
11. What happens if I am injured on the job?
You should familiarize yourself with the Workers’ Compensation Frequently Asked Questions and review the workers’ compensation website in order to be prepared before an injury occurs. When an injury occurs, you must then file a report of the incident.
12. Does UMD have insurance for when I travel on business?
Coverage for State employees who are involved in an accident while using a State vehicle for work is addressed on the Risk Management website within the Department of Environmental Safety, Sustainability and Risk. For information about travel outside the US, view Risk Management’s Travel Safety resource page, and the Office of International Affairs’ travel safety page.
13. Does the University have a resource for reporting various compliance concerns?
Yes! In addition to the Whistleblower Protections discussed in the Research FAQ, above, the Division of Finance offers an ethics, integrity, and compliance reporting system so that you can easily and confidentially report problems and concerns. You also can find additional resources for reporting concerns related to discrimination/harassment, sexual misconduct, accounting and financial, research integrity, safety, accessibility, and other topics.