Software, Technology, and Online Purchases

UNC, as a public entity of the State, is governed by the Fiscal Rules as established by its Board of Trustees as well as several State of Colorado statutes. Online, technology, and software purchases usually require that the individual making the purchase create a user account. By doing so, the individual agrees to a set of Terms and Conditions (End User License Agreement, User Terms of Use, etc.) which typically contain items which conflict with the Fiscal Rules and state statutes. Some websites state that by making a purchase or creating a user account you automatically agree to those terms and conditions. This includes freeware, low-dollar apps, and online subscriptions.

Additionally, at UNC, Dan Satriana, General Counsel, has determined that an online “click” or online purchase is the same as a signature. At UNC, only a very few individuals have Delegated Signature Authority.

To help employees avoid accidentally causing a Fiscal Rule Violation, the Purchasing & Contracts Department has worked with the leadership of the Information Management & Technology Department to create a process for expediting online purchases and software purchases.

 The process for purchases of this type is as follows:

1. Complete Software, Technology, & Online Purchase Information Collection Form.
2. Submit the Form as a new Software Expenditure contract request via OnBase. If you have received a quote, order, or invoice from the vendor, that document should be uploaded to OnBase with the new contract request as well.
3. Using the Form submitted, Contracts staff will gather the related Terms for compliance review.
4. Contracts staff will negotiate with the vendor to remove any conflicting Terms.
5. IM&T will simultaneously review and provide approval via OnBase.
6. Once a signed contract is in place, Contracts staff will confirm with the requestor and notify the Purchasing Card Manager to open the PCard as requested on the Form.