Contract Review

Pursuant to the BYU Legal Documents Policy (opens in a new tab), the Risk Management and Safety Department (“RMSD”) must review and approve any contract that (1) requires the university to indemnify, defend, or hold harmless another party; (2) commits the university to obtain insurance or to provide proof of insurance; (3) makes representations to any government regulatory or administrative body relating to an effort to obtain, maintain, or renew a permit or license on behalf of the university; or (4) relates to an activity or service that presents a risk of substantial loss or liability to the university.

The information below is intended to assist you in assessing whether a proposed activity or service presents a risk of substantial loss or liability such that RMSD review and approval is necessary. If in doubt, please contact RMSD at risk_mgmt@byu.edu (opens in a new tab) or 801-422-4468 (opens in a new tab).

• Does the anticipated activity or service involve an inherent risk of bodily injury to anyone (whether to contractor personnel or to others)?
  
  • For example, activities or services involving:
    
    • Heavy machinery
    • Electrical work
    • Explosives or fireworks
    • Open flames, torch, hot work
    • Laser radiation
    • Manual labor
    • Hazardous materials
    • Overhead platforms, elevated workstations, or roof work
    • Excavation or tunneling work
• Does the anticipated activity or service involve supervision of minors?
• Does the anticipated activity or service involve use of a motor vehicle?
• Does the anticipated activity or service involve transportation of passengers?
• Does the anticipated activity or service involve the preparation, handling, or serving of food?
• Does the anticipated activity or service require or allow the contractor to take possession of or control property, tools, or equipment owned by BYU?
• Does the anticipated activity or service involve contractor access to secure information technology platforms or buildings or areas of restricted access (e.g. HBLL Special Collections)?
• Do the goods or services to be performed utilize any fluids in measurable quantities, or emit any substances, that could impact the health and safety of any individuals or the environment?
• Do the goods or services utilize any biological or radioactive substances or create or emit any byproduct that may be hazardous in any form?
• Do the goods or services create or disturb dust particulate?  
• Do the goods or services create or emit continuous noise that exceeds 85+ decibels or impulse (short burst) noise of 100+ decibels?
• Do the goods or services include the use of any type of pressurized gas, liquid, or other material or a pressurized vessel?  
• Do the services involve work with animals?

If the answer to any of the above questions is “yes,” then the contracted services may present a risk of substantial loss or liability to the university and any contract or other legal document related thereto should be submitted to RMSD for review and approval.